Terms and Conditions
Jou Afrikaans Subscription Service

Jou Afrikaans is a subscription service (Hereinafter referred to as the “Service”) charged at either R 5.00 per day, R 15.00 per week or R 25.00 per month (network charges may also apply), depending on the subscription option which You elect to subscribe to, as further detailed hereunder.

Description of Service - The Service is an online media services and content distribution service, providing access through its website video streaming services located at www.jouafrikaans.co.za and related domains, sub domains, mobile and desktop applications and television.

By subscribing to the Service, you agree to be unequivocally bound by these terms and conditions (Hereinafter referred to as the “Agreement”), as amended from time to time by Jou Afrikaans and/or the Ayoba Company Group (Pty) Ltd (Hereinafter collectively referred to as the “Service Promoter”) and/or its duly appointed payment facilitation partner, Worldplay (Pty) Ltd (Hereinafter referred to as “Worldplay”).

This Agreement governs Your use of the Service, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Service.

This Agreement is entered into by you, the user of the Service (Hereinafter referred to as ‘You”) and the Service Promoter (Hereinafter also referred to as “Us” and/or the “Company”,)

The terms “Your”, “Our”, “We” and any analogous terms shall apply as is appropriate under the circumstances herein.

IF YOU DO NOT HAVE THE BILL PAYERS’ PERMISSION TO USE THE SERVICE - THEN DO NOT ACCESS THE SERVICE AND PROMPTLY CEASE USING THE SERVICE.

The Service is a Subscription Service which is charged at three different price points depending on the option You choose when subscribing, namely;

  1. Subscription Service charged at R5/day (1st day free)

  2. Subscription Service charged at R15/week

  3. Subscription Service charged at R25/month

By choosing to subscribe to the Service, You unequivocally and irrevocably agree as follows:

  1. You are 18 years of age or older, alternatively You have the express bill payers consent to subscribe to the Service.

  2. Notwithstanding that the Service Promotor is Jou Afrikaans, Your account will be billed directly by the Service Promotors payment facilitation partner Worldplay.

  3. Network fees may apply to the cost of the Service and it is Your sole responsibility to ensure you are aware thereof.

  4. The cost of the Service is inclusive of Value-Added Tax.

  5. Free minutes and/or SMS bundles do not apply.

  6. By subscribing to the Service, You agree that the Service Promotor and/or its duly appointed payment facilitation partner Worldplay may make use of Your cell phone number for purposes reasonably related to the provision of the content and services to which the Service pertains.

  7. The Service Premotor and/or Worldplay expressly reserve their rights to amend the Agreement from time to time, which amendments will be published on this website www.Jouafrikaans.co.za and which amendments are deemed to have been unequivocally and irrevocably accepted by You when You continue to make use of the Service pursuant to such amendments having been made.

  8. Marketing Communications - By entering into this Agreement, You expressly 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 contained in each message sent to You.

  9. Privacy Policy

    1. Collection of Information - When You use the Service, You may be providing Us personally identifiable information. In addition, We may automatically collect WAP/Web site usage information about You when visiting any of our WAP/Web sites, where appliable.
    2. Use of Information Collected - We may combine the personally identifiable information with other information that is available to Us and may use this information to process, validate and verify information to improve Your experience, to improve and develop new services, to alert You to new services and special offers, to provide marketing with aggregate information about the Service and the users usage patterns and for other purposes, as well as share such information with third parties to help to improve content, provide You with the Service and to help service providers to perform services on Our behalf, to which You expressly agree.
    3. MSISDN: We may automatically collect information through the use of MSISDN forwarding. MSISDN facilitates Your ongoing access to and use of the Service and allows the WAP/Web site (where applicable) to track usage behaviour and compile aggregate data that will allow content improvements and billing.
    4. Security: The personally identifiable information is stored in confidence in limited access servers. Safeguards are maintained to protect the security, integrity, and privacy of these servers and of such personally identifiable information.
    5. Comments, Suggestions and Questions: Any questions, comments or concerns about the Service Promotor’s and/or Worldplay’s Privacy Policy, should be sent to Worldplay (Pty) Ltd at legal@worldplay.co.za.
    6. While We value Your feedback, please be specific in Your comments and do not submit creative ideas, inventions, or suggestions. If, despite Our request, You send creative ideas, inventions, or suggestions, all such submission shall be the property of the Service Promotors in whole or in part. We shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to You or any other third party. No part of the submissions shall be subject to any obligation of confidence and We shall not be liable for any use or disclosure.
    7. Social Networking: You may have the option to access and/or connect to Twitter, Facebook and/or other social networking services through the Service in order to share links and content. You undertake this at Your sole risk, including but not limited to complying with all of the terms and conditions of the social networking services.

  10. Cancellation - You are free to cancel Your subscription at any time by sending an SMS with the word “STOP” to 31009.

  11. You will be unsubscribed from the Service upon the Service Promotors receipt of the unsubscribe SMS referred to above and a confirmation SMS will be sent to the mobile handset You used to subscribe to the Service, however You acknowledge and accept that it may take some time (up to 48 hours) for You to be unsubscribed from the Service and for the confirmation SMS to be sent.

  12. By consenting to the terms and conditions contained in this Agreement and/or by continuing to use the Service, You are bound by the entirety of this Agreement read in conjunction with any of Our other applicable terms and conditions, and as such, terms may be amended by Us from time to time without prior notice to You. In the case of any inconsistency between any specific rules of the Service and this Agreement, this Agreement shall prevail.

  13. The Service may not always be compatible with all types of mobile handsets and it is Your express responsibility to satisfy Yourself that the handset You use is compatible with the Service. If You are unsure in this regard, You may call the Service Promotors Service Support on 0861131009 (Standard call rates apply), however neither the Service Promotor, nor Worldplay, provide any warranties and/or guaranties in this regard, and to the maximum extent permissible in law, all warranties and/or guaranties are expressly reserved.

  14. The Service Promotors’ Service Support number is 0861131009 (Standard call rates apply).

  15. Your Representations - By seeking to subscribe to the Service, or by using the Service, You hereby represent and warrant to Us that at all such times You:

    1. are located in the Republic of South Africa;

    2. are of sound mind and capable of taking responsibility for Your own actions;

    3. understand that You may be charged for using the Service and that You accept full responsibility for any such charges that may apply;

    4. are acting as principal and not on behalf of anyone else;

    5. You are the authorized owner of the mobile device which You used to subscribe to the Service.

    6. You are solely responsible for the information You input or upload to the Service, and warrant and represent You have the right and authorization to register for the Service and post user generated content.

    7. You agree to abide in full by this Agreement.

  16. You hereby warrant to Us that:

    1. all information provided by you when subscribing for the Service, and all personal information (as defined in the Protection of Personal Information Act, 4 of 2013, or otherwise) provided to Us is complete, accurate and not misleading;

    2. You will only use the Service strictly for legitimate and lawful purposes only; and

    3. You will not attempt to hack, make unauthorized alterations to, or introduce any kind of malicious code to the Service by any means whatsoever. Criminal charges and/or civil legal proceedings may be brought against You if You try to manipulate the Service, 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 and hold Us harmless in respect thereof.

    4. You are strictly prohibited from violating or attempting to violate the security of the Service, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Service, overloading, "flooding", "spamming", "mailbombing" or "crashing", (iv) forging any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting, (v) scraping or harvesting data or (vi) the use of robots to manipulate any component of the Service.

    5. You are responsible for maintaining the confidentiality of your information as it relates to the Service, including your username and password, if applicable, and are responsible for all uses of Your username and password whether or not authorized by You. If You wish to have someone else use Your device, it is important You always log out so no other individual will have access to Your content.

  17. 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 the Service or content, or for any other reason. We cannot be held liable for any technical errors and/or other malfunctions, howsoever arising, in or to, the Service and/or the content. We further reserve Our rights to discontinue the Service if We deem it necessary for any reason whatsoever and You hold Us harmless in this regard.

  18. Pursuant to subscribing to the Service and pursuant to having been successfully billed by Us via Your mobile network operator on the mobile device that You subscribed with, You will be provided with access to the Service. 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 person has accessed Your mobile device, We accept no liability whatsoever, including but not limited to, any charges, information (including Personal Information and/or Special Personal Information as defined in the Protection of Personal Information Act), lost, stolen or misused. If You believe that Your mobile device is in any way being misused by a third party, please inform Us immediately so that We may suspend Your access to the Service.

  19. The Service is offered only for video streaming and related materials and is only a conduit for video streaming and related materials. You are solely responsible for deciding whether the Service is suitable for Your own purposes and whether the Service matches Your needs. The Service Promotor grants You a limited, non-exclusive license to access and use the Service for Your own personal and non- commercial purposes, which includes rights to view content on Our website and/or other applications, where applicable.

  20. The Service may allow You to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Service will be indicated on the product detail page for which You may purchase the digital content. Subject to Your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Service Promotor grants You a non-exclusive, non- transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by You. We makes no guarantees as to the resolution and quality of Your digital content when streaming. The quality and speed of Your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

  21. 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 the process of subscribing or at any time thereafter. 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 subscription and/or use of the Service.

  22. We reserve Our rights, in Our sole discretion to decide whether the information You input or upload is appropriate and complies with the terms of this Agreement, any other applicable policies, and any applicable laws and regulations. If You register for the Service, You may be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to- date.

  23. Upon completion of the subscription process, You will receive a Welcome SMS sent to the mobile number which You used to subscribe.

  24. We reserve the right to monitor the use of the Service and We may elect, in Our sole discretion and without providing reasons therefor, to suspend and/or terminate Your use of the Service, 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.

  25. 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.

  26. Insofar as payment facilitation services are rendered by Worldplay, Worldplay is a member of the Wireless Application Providers Association of South Africa (“WASPA”) and is bound by the WASPA Code of Conduct. You have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. We 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

  27. The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time in Our sole discretion. We make no guarantee as to the availability of a specific payment plan. By purchasing a payment plan, You expressly agree that We are authorized to charge your selected payment plan on the payment method You designate. You can update change this information at any time by logging into your video library, and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until You cancel Your subscription or We terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

  28. Our Liability - This Agreement sets out Our entire financial liability (including any liability for acts or omissions of Our parent companies, subsidiaries, associated companies, employees, agents, professional advisors and sub-contractors) to You and/or any other 3rd parties, in respect of, inter alia,:

    1. any breach of this Agreement,; and

    2. any representation, statement and/or delictual act or omission including negligence arising under or in connection with the Service and/or this Agreement.

  29. We are not liable for any loss or damage that You may suffer because of any act of Force Majeure including, inter alia, any act of God, pandemic, 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.

  30. All representations, warranties and terms (whether express or implied) not set out in this Agreement are, to the fullest extent permitted by law, excluded and We shall, to the fullest extent permitted by law, have no liability to You in respect of same. You agree to indemnify Us and hold Us harmless in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with Our breach of this Agreement or Our gross negligence) which We may suffer arising out of or in connection with Your use of the Service 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.

  31. Our liability to You, including for 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;

  32. We shall not be liable to You, or any other 3rd party, for any indirect or consequential loss, or any claims for consequential compensation whatsoever (howsoever caused), which arise out of or in connection with the Service and/or this Agreement, notwithstanding that We may have been made aware thereof;

  33. 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 content or the Service, 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.

  34. 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 Service (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 the Service or any of our various 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 any Websites of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials hosted at that location.

  35. We are not liable for any failure to perform by a third party to this Agreement.

  36. INTELLECTUAL PROPERTY - The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (collectively the 'Materials', which expression includes, inter alia, text, data, graphics, photographs, videos, animation, images and audio-visual content), are owned by, or licensed to, Us. The IPR is protected by the laws of the Republic 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 Material

  37. General

    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 Service.

    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.

    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.

  38. 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 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 Service, whether in whole or part.

  39. Customer Service - If You have any questions concerning this Agreement please contact the Service Promotors’ Service Support on 0861131009 (Standard call rates apply).