Spot Mobile Platform Terms & Conditions

These Subscriber T’s and C’s govern your use of our Services and are binding on you as a Customer. By subscribing to our Network, you acknowledge that you have read, understood, and agreed to these Subscriber T’s and C’s and that you will, at all times when using our Services, comply with these Subscriber T’s and C’s and all applicable laws. We reserve our right to modify these Subscriber T’s and C’s, without prior notice to you, where reasonably required, and you are then bound to any modified terms and conditions. By making use of our products and Services, you are deemed to have accepted these Subscriber T’s and C’s and shall be bound to them. 

1. DEFINITIONS

1.1. “Business Days” means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;

1.2. “Business Hours” means Monday to Friday, 07:00 – 19:00, and Saturday, 08:00 – 13:00;

1.3. “Customer/Subscriber” means the person who applies for and receives our Services, also referred to as “you” or “your”; 

1.4. “Customer Services” means our Customer Services department which you can contact on mobile@spotmoney.com; 

1.5. “Me and You” means Me and You Mobile (Pty) Limited, registration number 2014/125548/07, and their agents, employees or affiliates; 

1.6. “Network Operator” means any South African electronic communications network, including but not limited to: 

1.6.1. Vodacom Group Limited; 

1.6.2. Mobile Telephone Networks Proprietary Limited; 

1.6.3. Cell C Limited; and/or

1.6.4. Telkom SA SOC Limited.

1.7. “Network” means our electronic communications network provided by Me and You in South Africa under the name Spot Mobile;  

1.8. “OTP” means the One Time Pin that is automatically generated and sent to you for the purpose of completing a single transaction;

1.9. “Personal Information” means any information as defined in the Protection of Personal Information Act No. 4 of 2013, including but not limited to: 

1.9.1. name and surname; 

1.9.2. identification number; 

1.9.3. physical address; and 

1.9.4. contact details. 

1.10. “Plan” means the selected Spot Mobile Products and Subscription Pricing;

1.11. “Platforms” means our Website, campaign sites, web-applications, mobile applications or channels of communication;

1.12. “Port-in” means the act of transferring your phone number from another Network Operator to us;

1.13. “Port-out” means the act of transferring your phone number from us to another Network Operator; 

1.14. “Rewards” means the benefits derived by you from the Rewards Program, which may include free airtime, data, WhatsApp data, discounts, coupons, and other exclusive benefits; 

1.15. “Rewards Partners” means our affiliates which we collaborate with to facilitate the Rewards Program as per clause 12;

1.16. “Rewards Program” means our structured benefits initiative based on the agreements between us and our Rewards Partners, which allows our Rewards Partners to issue complimentary Rewards to you, subject to their applicable terms and conditions; 

1.17. “RICA” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2000, as amended;

1.18. “Schedule” means any schedule of Spot Mobile Products, Plans, Subscription Pricing, other charges and ancillary information available on the Platforms;

1.19. “Services” means:

1.19.1. the facilitation of digital electronic communications services, internet access services and other electronic communications services;

1.19.2. the provision of Spot Mobile Products; 

1.19.3. the provision, access to and activation of your SIM; and

1.19.4. other products or value-added services provided by us on our Network from time to time.

1.20. “SIM” means the Subscriber Identity Module card containing your phone number, and which is programmed to allow you access to our Services over the Network;

1.21. “Spot Mobile” collectively refers to the Spot Mobile Products available on the Network, managed and brought to you by Spot Money and powered by Me and You Mobile (referred to as “we”, “us” or “our”; 

1.22. “Spot Mobile Product/s” means cellular airtime, voice or SMS bundles, data bundles and value-added services;

1.23. “Spot Money” means Spot Money SA (Pty) Ltd, registration number 2005/016196/07, and its agents, employees, or affiliates; 

1.24. “Subscription Pricing” means the pricing pertaining to the specific Spot Mobile Products; 

1.25. “Subscriber T’s and C’s” means these terms and conditions as read with the Schedule, as amended from time to time. In these Subscriber T’s and C’s, a singular word can include the plural; 

1.26. “Third-Party Supplier/s” means the third parties who we engage to supply us with certain services, to assist us in providing you our Services, including but not limited to: 

1.26.1. Me and You; 

1.26.2. secure payment facilitator/s; and

1.26.3. delivery/logistic partners. 

1.27. “Website” means https://mobile.spotmoney.com.

2. ACCEPTANCE OF OUR SUBSCRIBER T’S AND C’S

2.1 By agreeing to proceed with the transaction, you accept these Subscriber T’s and C’s and consent to receiving communication from us via telephone, email, SMS, WhatsApp and other electronic communication channels, pertaining to our Spot Mobile Products and Services.

2.2 If you do not accept these Subscriber T’s and C’s then you cannot receive our Services. 

2.3 Once you have accepted these Subscriber T’s and C’s, they will remain in full force and effect until terminated in terms of clause 9 below. 

2.4 If there is any information contained in these Subscriber T’s and C’s which you have difficulty understanding, please contact us at (mobile@spotmoney.com) during Business Hours and we will assist you. If you elect not to do this, we will assume that you fully understand these Subscriber T’s and C’s and therefore wilfully and freely consent to be bound by and comply with these Subscriber T’s and C’s. 

3. DELIVERY OF THE SIM

3.1 A Third Party Supplier will deliver the SIM to you at your nominated South African address.

3.2 You will be liable for the cost of delivering the SIM to your nominated address. 

3.3 Delivery of the SIM will be completed when it reaches your nominated address. 

3.4 Third party acceptance of the SIM is permitted.

3.5 For more information on the delivery of your SIM, please refer to the delivery terms and conditions   of the Third Party Supplier.  

3.6 Any SIM that we provide to you is our property and must be returned on demand. If your SIM is lost, stolen or damaged, you must immediately contact Customer Services to block your SIM and request a replacement SIM. 

3.7 You will be liable for all charges incurred on the use of your lost or stolen SIM until such time that you notify us that you have lost the SIM or that it has been stolen.

3.8 If you request a replacement SIM as a result of it being lost, stolen or damaged, we reserve the right to charge a SIM replacement fee. 

3.9 We will replace any defective SIMs free of charge for as long as you remain a Customer, save for delivery charges. Please contact Customer Services if your SIM is defective. 

4. RICA

4.1 To enjoy the use of our Services, it is a requirement that you acknowledge and accept that you will have to register with us in terms of RICA.

4.2 We will only activate your SIM once we have received and verified your RICA information, including: 

4.2.1 a copy of your identity document; and

4.2.2 proof of your current billing address. 

4.3 You confirm that the information provided by you for RICA purposes is accurate and true. 

5. OUR SERVICES

5.1 Once your SIM is activated, your account is created and you are allocated a unique cell phone number. 

5.2 You may purchase Spot Mobile Products on our Platforms. 

5.3 Once purchased, the Spot Mobile Product is loaded onto your SIM for use within a specific duration, however, any unused Spot Mobile Products will expire within 30 (thirty) days from date of purchase (i.e. there is no rollover of allocated Spot Mobile Products).

5.4 Your SIM may only be used within South Africa in a device that can make and receive calls. 

5.5 Your SIM may not be used for international roaming, however, you may make and receive international calls and messages which will be charged separately, as per clause 7.1.

5.6 We will take all reasonable steps within our control to provide you our Services in terms of these Subscriber T’s and C’s. 

5.7 We cannot always guarantee fault-free Services. The quality and availability can be affected by factors outside of our control, including, amongst other things, the weather, local physical obstructions, other causes of radio interference, weak signal, features and functionality of your device, extraordinary use of the Network by other Customers, and faults in infrastructure provided to us.

5.8 Upgrading, maintenance, or other work from time to time on the Network may result in interruptions or unavailability of our Services. Where possible, we will advise you of this in advance. 

5.9 You will not be entitled to any compensation because you cannot use any part of the Services or because of a failure, suspension or withdrawal of all or part of the Services due to circumstances beyond our control. 

6. USE OF SERVICES

You may only use our Services for personal, lawful purposes, which do not harm our reputation. You therefore warrant that you shall not use our Services: 

6.1 to commit any act that: 

6.1.1 is criminal, illegal, unlawful or fraudulent; 

6.1.2 intentionally interferes with our ability to provide Services, degrades our Network quality or places unreasonable constraint on our Network; 

6.1.3 intentionally interferes with our rights or the rights of Third Parties; 

6.1.4 amounts to a breach of any agreement we may have entered into or any regulation we are required to comply with; and

6.1.5 causes reputational damage to us or any Third Party or brings our brand into disrepute.

6.2 to receive or transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful;

6.3 for the transmission of ‘junk mail’, ‘spam’, ‘chain letters’, or unsolicited mass distribution of SMS; or

6.4 for public, business and commercial purposes, to store on your computer, or print copies of extracts from our Platforms, ‘mirror’ or cache information provided via our Platforms on your own server, or copy, adapt, modify or re-use the text or graphics from our Platforms, without prior written permission from us. 

7. CHARGES 

7.1 We will charge you the rates that appear on our Platform for the following: 

7.1.1 telephone calls you make to and receive from any South African numbers; 

7.1.2 SMS and MMS messages you send and receive from South African numbers; 

7.1.3 telephone calls you make, and SMS and MMS messages you send, to any international numbers from your South African mobile number; and

7.1.4 data you access and content you download. 

7.2 You must pay all taxes, including VAT associated with the Services which we provide to you.

7.3 Additionally, we reserve the right to:

7.3.1 charge you for: 

7.3.1.1 connection fees, delivery fees and the other chargeable items through any one of our nominated Platforms; 

7.3.1.2 any calls to premium rated numbers (being to “sharecall” or “short code” numbers which includes but is not limited to calls made to 0860/0861 or calls to five-digit numbers; 

7.3.1.3 calls made and received from international numbers; and

7.3.1.4 any additional charges as contained in our Schedule, which are not originally included in your Plan.

7.3.2 change the Subscription Pricing which you pay for Services at any time, by giving you at least 30 (thirty) days’ notice on our Website. 

7.4 The fixed monthly subscription applicable to your chosen Plan is charged and payable by you every month regardless of whether you utilise the Services. 

8. PAYMENT METHOD

8.1 You may purchase your Plan and any top-up Spot Mobile Product on any of our Platforms. 

8.2 To facilitate your purchase, you will be required to: 

8.2.1 provide us with your South African credit or debit card details; 

8.2.2 authorise recurring monthly debits of your subscription from your bank account on a specific date; and

8.2.3 ensure that the correct amount is available to facilitate your recurring payment. 

8.3 Your purchase will be affected immediately once we receive your payment. If your payment fails, we reserve the right to debit your bank account again after the failed debit. 

8.4 Please note that the payment gateway is provided by a Third Party Supplier, therefore, we do not store your credit or debit card details. While we take all reasonable steps to ensure that your banking account details are securely processed by the Third Party Supplier, you agree that we will not be held responsible for any unauthorised access, use or disclosure of your banking account details. For more information on this, please refer to our Privacy Policy   and the applicable Third Party Supplier terms and conditions.  

8.5 If your credit or debit card details have changed in any way, you can load those new details and remove any unused credit or debit card from your profile on any of our Platforms. 

9. BREACH AND TERMINATION   

9.1 If you breach any clause of these Subscriber T’s and C’s, it will be considered a material breach and we may contact you to give you an opportunity to remedy such breach. However, if you fail to remedy your breach, we reserve the right to, in our sole and absolute discretion and without prejudice to any other rights we may have in law: 

9.1.1 require you to perform all your obligations in terms of these Subscriber T’s and C’s; 

9.1.2 terminate these Subscriber T’s and C’s and disconnect your SIM; and in either case

9.1.3 claim from you any damages which we may suffer; and

9.1.4 pursue any other legal recourse against you. 

9.2 If we are required to launch legal proceedings against you as a result of your breach, you will be liable for all charges including tracing agent fees and legal fees, on an attorney and client scale.

9.3 If we detect no usage on your mobile number for 60 (sixty) consecutive days, we reserve the right to terminate your mobile number and deactivate your SIM, without prior notice to you, unless you contact Customer Services. 

10. PORTING

When you Port-Out, your account with us must first be settled in full or we will not complete your Port-Out. For full details on what is required to Port-In or Port-Out, or if you are uncertain of any amounts due to us, please contact Customer Services. 

11. INFORMATION AND DISCLOSURE

11.1 In providing the Services, we will come into possession of your Personal Information. To fulfil our obligations to you regarding our Services and applicable laws and regulations, we will be required to process your Personal Information and disclose it to Third Party Suppliers. 

11.2 You warrant and guarantee that all information supplied to us by you is true and correct and you consent to us disclosing your Personal Information for the purpose above. 

11.3 Should any Personal Information which you have given to us change, you must inform us of the change immediately. 

11.4 For more information on how we process your Personal Information, the purpose for processing and our control measures in place to ensure that your Personal Information is private and secure, please read the Privacy Policy.  

12. REWARDS OFFERED BY OUR REWARD PARTNERS

12.1 We constantly strive to enhance your experience with us by partnering with Rewards Partners   to offer you Rewards as our Customer. To do so, we may be required to share your Personal Information with these Rewards Partners, in so far as it is permitted by applicable law. 

12.2 By participating in the Rewards Program, you acknowledge and agree that we may share your Personal Information with our Rewards Partners for purposes of enabling the provision of the Rewards to you. 

12.3 If you do not wish to participate in our Rewards Program, please indicate your preference by ‘opting out’ using the provided mechanism or by contacting us at mobile@spotmoney.com.  

12.4 Along with our Rewards Partners, we are committed to safeguarding your Personal Information and will employ appropriate technical and organisational measures to ensure its security and confidentiality. Our Rewards Partners are bound by a strict confidentiality obligation and are prohibited from using your Personal Information for any purpose other than to provide Rewards to you. Our approach to the privacy and security of your Personal Information is more fully contained in our Privacy Policy. 

12.5 If any changes are made to the Personal Information sharing arrangements with our Rewards Partners, we are committed to keeping you informed and up to date. This includes providing you with prior notice of any changes that may affect how your Personal Information is processed by our Rewards Partners. The notice will be conveyed through updates on any of our Platforms. 

12.6 If the proposed changes alter the scope or purposes of processing the Personal Information, we will seek your renewed consent, where necessary, before proceeding with any further processing of your Personal Information with our Rewards Partners.

13. INDEMNITY AND WAIVER

13.1 You indemnify us and our Third Party Suppliers: 

13.1.1 against all claims, actions, damages, costs and expenses which any person (including us) may suffer arising directly or indirectly from or in connection with you breaching your obligations under these Subscriber T’s and C’s; 

13.1.2 for all damages, losses, costs, or expenses, whether direct, indirect or consequential arising from or in connection with any act, omission, neglect or default of a Third Party Supplier, or us where this is a result of the Third Party Supplier’s action or omission, neglect or default; and

13.1.3 for any failure or delay in providing any Services, in correcting any fault in any Services, failure or incorrect operation of any Service, or any other delay or default in performance under these Subscriber T’s and C’s if it is caused by an event reasonably beyond our control, including but not limited to civil insurrection, interruption in electrical supply, accident, act of God, industrial action, a direction of any sort by a regulatory body or court of law, delay, failure or default by any other supplier or Network Operator.

14. DISCLAIMER

Whilst every effort has been made by us and our Third Party Suppliers to ensure the proper performance and provision of our Services, we and the Third Party Suppliers, or any of the employees, do not guarantee the availability of the Services and the accuracy of the content and information offered on our Platforms. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of our Services and/or Network and/or Platforms. 

15. GENERAL

15.1 We reserve the right to change these Subscriber T’s and C’s at any time and at our sole discretion. 

15.2 Any concession or extra time we allow you does not affect our rights under these Subscriber T’s and C’s.

15.3 These Subscriber T’s and C’s will be interpreted and governed according to the laws of the Republic of South Africa.

15.4 You provide a physical address at time of SIM activation or as updated by you through our Customer Services or on your profile in our Platforms, at which address you will accept delivery of all notices and court processes from us.

15.5 Notwithstanding anything to the contrary, a written notice received by you will be adequate written notice.

15.6 You acknowledge that by using our Services and accepting these Subscriber T’s and C’s, you have not relied on any promises, representations or other statements made by us or on our behalf.

15.7 You release us and each of our officers, agents and advisors from all claims, actions, and demands of any kind (including carelessness) arising from our relationship in terms of these Subscriber T’s and C’s and from discussions leading to it.

15.8 If any clause of these Subscriber T’s and C’s is found to be invalid or unenforceable, that clause will be removed and the invalid or unenforceable clause will not affect the validity of the remainder of these Subscriber T’s and C’s, which will remain effective.

15.9 You may not transfer your SIM to anyone else without our consent, nor may you transfer, cede or assign any of your rights and obligations in these Subscriber T’s and C’s. We may transfer, cede or assign any of our rights and obligations at any time without prior notice to you.

16. CONTACT DETAILS AND COMPLAINTS

If you have a complaint about our Services or require information regarding our internal complaints-handling process, you can get in touch with us via our Customer Services department.

Our Customer Services Department Details are as follows: –

Customer Services Email support: (mobile@spotmoney.com) 

IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you, or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By accepting these Subscriber T’s and C’s, you specifically signify that you understand the bold clauses and accept them.