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Social Blast

Terms & Conditions

TERMS AND CONDITIONS OF USE 

"The Service" in these terms and conditions refers to Social Blastl (https://socialblast.mobi)

  1. The Service is provided by Hyve Mobile (Pty) Ltd (“Hyve Mobile” or “we” or “us”), a private company registered in the Republic of South Africa.

  2. The Service is licensed to you as a user (“you” or “your”) subject to the terms and conditions contained below.

  3. By accessing, downloading or subscribing to receive the Service, and/or making use of the Service you agree to be bound by the terms and conditions contained herein. The provision of the Service and any subscription thereto is governed by the applicable legislation.

  4. Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. 

  5. Please read these Terms and Conditions carefully before using the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions. 

Costs and Billing

  1. The Service is provided to you at a fixed recurring fee (in the case of subscription services) or at a once-off access fee. 

  2. The pricing information is displayed on the opt-in webpage for the Service, for example, R5.00/day subscription.

  3. It is your responsibility to ensure that you understand these fees and the duration of the subscription term you are selecting when opting-in to receive access to the Service and/or when making use of the Service. 

  4. Depending on the Service chosen, you will be billed a daily, weekly or monthly subscription fee. 

  5. Subscriptions are renewed automatically at the end of each subscription term (i.e. daily as an example) for the same duration as the initial term. 

  6. This renewal cycle will continue until you cancel your subscription. 

  7. PLEASE SEE “HOW TO UNSUBSCRIBE” BELOW TO CANCEL A SUBSCRIPTION.

  8. If your subscription renewal fails due to you having insufficient airtime available, partial billing will apply. In cases where partial billing is applied, your subscription will be renewed through the collection of an amount less than the original service fee for a given term. For example, if a renewal transaction for R1.00 is unsuccessful due to insufficient airtime, a partial collection of R0.50 (or less) may be attempted.

  9. In the event that your subscription renewal fails due to you having insufficient airtime available to pay the subscription fee, you will remain liable for the subscription fee while the Service remains active, and the subscription fee will be recovered at a later date. A maximum of 3 (three) days’ missed billing may be recovered. This means that you may be charged more than once in a single day for a daily subscription, with the first successful charge being for the current day and the subsequent successful charge for the prior day/s where charging for the amount due, failed. 

  10. Prior to being granted access to the Service, you will be required to confirm your acceptance of the associated fees by completing a double opt-in process. No billing will take place against your account and you will not receive any Service until this opt-in process is completed.

  11. Unless otherwise stated, all fees exclude data, SMS, MMS and associated delivery and access charges. Standard data, SMS and MMS charges apply.

How to Unsubscribe

 

  1. You may cancel your subscription for the Service at any time by:

    1. Unsubscribing via the content portal. 

    2. When you subscribe to the Service, you will receive a confirmation SMS which will also include additional options for you to unsubscribe from the Service. These instructions will contain either an SMS shortcode to which you can send a ‘STOP’ command in order to cancel the subscription or will contain a web link which you can click on to manage your subscriptions online. These instructions will be provided to you upon activation of any of our services and will be sent to you once every 30 days as a reminder while your subscription remains active.

Customer Support

 

  1. You can contact Hyve Mobile’s customer care team by telephone on 021 418 4004 between 8am and 5pm, Monday to Friday or contact us by email at support@hyvemobile.co.za

  2. Hyve Mobile 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. Hyve Mobile may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za 

Licence and Terms of Use

 

  1. Any and all copyright and other intellectual property rights associated with the Service remains the property of Hyve Mobile, or of the original owner in the case of licensed content.

  2. The Service is provided to you for personal use only. You are expressly prohibited from forwarding, duplicating, replicating, reverse-engineering or otherwise manipulating the Service for use in any way.

  3. If your SIM Card and/or devices are lost or stolen then you must immediately inform Cell C so that we can protect your interests and blacklist your devices from further use and/or block the use of your SIM Card. 

  4. You will remain liable for all charges incurred for the Service until you have asked Cell C to block further use of your SIM Card and/or devices. You will not be liable for any charges incurred in respect of the Service by any unauthorised person after you have requested us to block your SIM Card and/or devices.

General

 

17. Hyve Mobile may amend, modify or otherwise change these terms and conditions, in its sole and absolute discretion, and the amended version will be displayed in the same media as these terms and conditions. Hyve Mobile will notify you before we amend or otherwise change the terms and conditions.

18. Each time you access the Service or respond to a promotional message distributing the Service you agree to be bound by the terms and conditions, as may be modified from time to time.

19. Hyve Mobile reserves the right to immediately suspend the Service should any fraudulent activity be suspected, and if the outcome of an investigation proves that fraudulent activity did occur, Hyve Mobile shall be entitled to terminate access to the Service immediately.

20. Hyve Mobile and any of its agents, directors, affiliates, members or employees shall not be responsible in any way for claims, loss or damages (either direct, indirect, consequential or otherwise), arising from your use of the Service. 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.

21. Whilst every effort has been made by Hyve Mobile and its service providers, to ensure the proper performance of the Service, the accuracy of the information/images and the reliability of the binary data on the Service, Hyve Mobile, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the Service  and/or information offered therein. 

22. We do 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. 

23. We therefore make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of the Service and the  Service is used at your own risk. 

24. Hyve Mobile reserves the right to discontinue the Service and/or change the Service on offer to you. The affected Service subscribers will be notified of any sequence changes.

22. Any words, views or opinions expressed anywhere in the Service does not in any way reflect the views and opinions of Hyve Mobile.

23. By agreeing to be bound by these terms and conditions of use, you give Hyve Mobile the necessary consent to send you targeted direct marketing messages based on historical subscription data. You are entitled to opt out of these direct marketing messages with the applicable “stop” command provided to you in such messages.

24. We do not warrant that the Service will be compatible with your mobile device.

25. Network fees may apply when accessing the Service. The Service may only be used with the permission of the bill-payer, or parent/guardian for children services. 

27. The use of the Service may not be used:

(i) to intentionally engage in illegal conduct,

(ii) to knowingly create, store or disseminate any illegal content,

(iii) to knowingly infringe copyright,

(iv) to knowingly infringe any intellectual property rights, or

(v) to send spam or promote the sending of spam.

28. Hyve Mobile has the right to suspend or terminate any user’s access to the Service who does not comply with these terms and conditions or any other related contractual obligations and has 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.

 

Privacy and Data Protection 

 

29. We can get your personal information when you use the 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 

• statistical tracking, redundancy and audit purposes. 

30. 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. 

31. 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 or services. 

32. 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. 

33. We may share information about you with: 

(i) Companies in the DNI Group; 

(ii) Partners or agents involved in delivering the Service; 

(iii) Companies who are engaged to deliver the Service to you;

(iv) here applicable, credit reference, fraud prevention or business scoring agencies, or other credit scoring agencies; 

(v) Where applicable, 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) 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;

(viii) If we are reorganised or sold to another organisation, we may transfer any personal information we hold about you to that organisation.

34. Hyve Mobile cannot accept responsibility for any unauthorised access or loss of personal information that's beyond our control. 

35. This Agreement shall be governed by and construed in accordance with the laws of South Africa. 

36 You irrevocably agree that the courts 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 South Africa shall govern any such dispute or claim. 

37. 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.