Terms | nakedNews

This is a mobile airtime subscription service and will be billed at R5.00/Day.
If you are 18 years or over by entering the website, you hereby agree to comply with all the Terms and Conditions.

1. ACCEPTANCE OF TERMS AND CONDITIONS

Before you may use NakedNews, hereinafter referred to as the “Site”, in any way or form, including but not limited to browsing the Site; applying and/or registering to access the Site; applying and/or registering for access to use any services on the Site; subscribing to any services on the Site; purchasing any products or services on the Site; interacting with the Site or any platforms or services on the Site; you must carefully read and agree to all of the Terms and Conditions set out below. By using this Site, you expressly agree to these Terms and Conditions and agree to be legally bound by them, as well as any Legal Notices and the terms of any Privacy Policy and any other supplemental terms set out on this Site, all of which are hereby incorporated by reference into these Terms and Conditions and are collectively referred to as the “Agreement”. If you do not agree with or do not wish to be bound by all of the provisions of this Agreement, immediately refrain from using this Site. We reserve the right to amend the Agreement at any time and shall post the amended Agreement on the Site. By your act of using this Site at any time, you agree to be bound by any and all amendments or revisions of the Agreement.

2. ADULTS ONLY
Use and/or interaction with this Site is restricted to persons over the age of eighteen (18) years of age or the age of legal majority in the jurisdiction from which you are accessing the Site. If you are not eighteen (18) years of age and/or have not yet reached the age of legal majority in your jurisdiction, you are prohibited from using and/or interacting with this Site and you should immediately refrain from any further use and/or interaction. The Site does not warrant or make any representations regarding the Content's appropriateness or authorisation for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.

3. DEFINITIONS
"Member" or "Membership," shall mean the subscriber or user of a valid username and password for the Site during the term of the subscription. "Site" shall mean the NakedNews website for which a subscriber is purchasing a username and password in order to access the Site and its materials and obtain the benefits of membership. "Subscriber" shall mean the user of the services of the Site and holder of a valid username and password for the Site. "Access rights," shall mean the combination of unique username and password that is used to access the Site. An access rights is a license to use the Site for a period of time that is specified or for the duration of the subscription period.

4. CONTENT AND RIGHT OF USE
4.1 Username and Password
Access to the Site is through a combination of a unique username and a password. You may not under any circumstances release your access rights to any other person and you are required to keep your access rights strictly confidential. The Site shall not release usernames or passwords for any reason, to anyone other person than the Subscriber, except as may be specifically required by law or court order.
4.2 Personal and non-commercial use
The products and services accessible via this Site, including all Content therein, is intended for the personal, non-commercial use thereof by Subscribers. Commercial use of either the Site or any Content found within the Site is strictly prohibited unless expressly authorised by the Site. No Content within the Site may be transferred to any other person or entity, whether commercial or non-commercial. No Content within the Site may be distributed through peer-to-peer networks or any other file sharing platforms. Content may not be displayed publicly, or used for any rental, sale or display. Copying, downloading or storing of any Content for any purpose other than the personal, non-commercial use thereof by the Subscriber is expressly prohibited. For the avoidance of doubt, including any Content, in whole or in part, on your personal website, when it is accessible by any other person, is not a personal use and is not permitted.
4.3 Single access rights
Each subscription entitles the Subscriber to a sole access right to access the Site and associated services and Content during the subscription period. This single access right shall be granted for the sole use by the registered user. Access is strictly limited for personal use and shall not be used for any commercial purposes or by any other third parties.
4.4 Copyrights
All material published on the Site, including but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips, collectively referred to as the “Content”, are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Site or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Site. The Site and all Content is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions and other applicable copyright laws. Except where indicated otherwise, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, this Site or services in whole or in part.
4.5 Unauthorised access or breach
Unauthorised access to the Site is a breach of this Agreement. Subscribers acknowledge that the owner of the Site may track through the use of special software each Subscriber's entry to the Site. If any breach of security, theft or loss of access rights, or unauthorised disclosure of access rights information occurs, the Subscriber must immediately notify the Site of said security breach. The Subscriber shall remain liable for unauthorised use of the Site until the Site is notified of the security breach by e-mail or telephone. The Site reserves the right to terminate the Subscriber’s access rights at any time if the terms of this Agreement are breached. In the case that the terms are breached, the Subscriber shall be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.

5. FORUMS AND DISCUSSIONS
5.1 Restrictions when using Public Forums
This Site may make available chat rooms, forums, message boards, and/or news groups to its Subscribers, collectively referred to as “Public Forum(s)”. Subscribers shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libellous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Subscribers are required to use their best judgment and be respectful of other individuals using the Public Forums.
5.2 Non-endorsement and waiver
This Site does not endorse the opinions, recommendations, and/or advice placed on these Public Forums. The Subscriber shall remain solely responsible for the content of their Submissions. By accessing the Public Forums, you understand and are hereby made aware that you may be exposed to Submissions from a variety of sources. You hereby acknowledge that the Site shall not be responsible for the accuracy, safety, usefulness, or intellectual property rights of any Submissions. You further acknowledge that you may be exposed to Submissions that are inaccurate, unsafe, offensive, and/or objectionable, and you do hereby waive any legal or equitable rights or remedies you may have against the Site with respect thereto.
5.3 Non-commercial use
The Public Forums shall be used by you only in a non-commercial manner. You shall not use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or any online services.
5.4 Right to delete, move or edit Submissions
While the Site does not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, the Site reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms and Conditions, or are abusive, defamatory, obscene or otherwise unacceptable.

6. SUBMISSIONS
6.1 Non-confidential and non-proprietary basis
You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums or the like that you provide to us in connection with this Site or any of our products or services, hereinafter referred to as “Submissions”, shall be deemed to be provided to us on a non-confidential and non-proprietary basis and shall become and remain the property of the Site.
6.2 Right to use Submissions
The Site shall have no restrictions or obligations towards Subscribers of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You furthermore agree that the Site shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all rights you may have in any materials uploaded or sent to us by you.

7. SUBSCRIPTION FEE AND PAYMENTS
Upon registration to this Site the subscription fee shall immediately be charged to the Subscriber’s credit card or cheque card according to the information provided by the Subscriber on the registration form. The subscription fee shall thereafter be deducted automatically at or after the end of the original term selected, for a similar period of time and for a similar amount, unless notice of cancellation is received from the Subscriber. Unless and until this Agreement is cancelled in accordance with the terms hereof, the Subscriber hereby authorises the Site to charge the Subscriber the subscription fee according to the payment method selected to pay for the ongoing subscription cost for access to the Site, services, products and all Content. The Subscriber hereby further authorises the Site to charge the Subscribers chosen payment method for any and all additional purchases of materials provided on the Site.

8. BILLING
Billing information relating to the subscription to this Site or subscription to access any of the products or services on this Site may appear on the Subscriber’s credit card, cheque card or bank statement for all applicable charges. The Site may include other information on the Subscriber’s statement based on the Subscriber’s credit card association requirements, bank rules or regulations or any other applicable or mandated rules and regulations. All chargebacks are thoroughly investigated and the Site may prevent future purchases with the Site depending on the circumstances. Fraud claims may result in the Site contacting the Subscriber’s bank to protect the Subscriber and prevent future fraudulent charges to the Subscriber’s account.

9. CANCELLATION OF SUBSCRIPTION
To unsubscribe dial *135*997# from your Vodacom handset or sms stop to 36628 for all other networks

10. TERMINATION OF ACCESS/SUBSCRIPTION
The Site may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site or any product of service for any reason, including, without limitation, breach of the Agreement or a single or repeated infringement of copyrights owned by the Site or any associated third parties. The Site, including, without limitation, its authorised agents and employees may terminate your use of any of this Site without notice in the event that you breach any obligation in these Terms and Conditions, including but not limited to, attempting to alter or improperly access any feature or function of this Site or any of its products or services. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of this Site or any NakedNews employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate an NakedNews employee or other individual.

11. REFUNDS
Refunds for subscription fees, purchases or recurring charges may be requested by contacting our Customer Support Department via email. Refunds or credits will not be issued for partially used subscriptions. The Site reserves the right to grant a refund or a credit applicable to purchases to the Site at its sole discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by the Site for any reason, it will be credited solely to the payment method used in the original transaction. The Site shall not issue refunds by cash, check, or to another payment mechanism.

12. LIMITATION OF LIABILITY
Neither the Site nor any other party involved in creating, producing or delivering the Site or the products or services shall be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of, or inability to use, the Site, the services thereon, or any of the materials provided by the Site or third parties through this Site or the services thereon, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service, regardless of the claim as to the nature of the cause of action, even if the Site has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

13. SYSTEM INTEGRITY

13.1 Restrictions
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction conducted on this Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your username and password with any third parties or use your username and password for any unauthorised service.
13.2 Guarantees and warranties
Subscribers use the Site is at their own risk. The Subscriber acknowledges that the Site cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The Content is provided "as is" and without guarantees or warranties of any kind, either expressed or implied. The Site does not warrant that the functions or Content contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

14. NOTICES
Notices by the Site to Subscribers may be given by means of telephone, SMS, email, by a general posting on the Site, or by conventional mail in accordance with the information provided by the Subscriber upon registration. Notices by Subscribers may be given by email. All questions, complaints, or notices regarding the site must be directed to NakedNews: info@smartcalltech.co.za

15. SEVERABILITY
If any of the provisions of this Agreement are determined to be invalid or unenforceable for any reason, then each invalid or enforceable provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

16. ASSIGNMENT
NakedNews may assign these Terms and Conditions (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of NakedNews or (iii) in connection with the sale of this Site or the business unit associated with the Site.

17. ENTIRE UNDERSTANDING
These Terms and Conditions, Legal Notices, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between you and NakedNews with respect to your access and use of the Site and products or services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and NakedNews with respect to the Site and products or services.

18. GENERAL

You confirm that you are allowed to provide the authorizations mentioned above. Network charges may also apply. Errors will be billed.

By entering into this 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.
You are free to cancel your subscription at any time by following the instructions below:

Smartcall Technology Solutions (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. Smartcall Technology Solutions (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.
This service must 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.

Smartcall Technology Solutions (Pty) Ltd has 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.
Smartcall Technology Solutions (Pty) Ltd has the right to take down any content that it considers illegal or for which it has received a take-down notice.
Customer support contact details:
011 5074779
info@smartcalltech.co.za

STS is a private company incorporated and registered in accordance with the laws in force in the Republic of South Africa.