CELL C “WINC” PRODUCT TERMS AND CONDITIONS
© 2009 ALL RIGHTS RESERVED


    IN TERMS OF SECTION 11 OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT [NO. 25 OF 2002] (“THE ECT ACT”) THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SERVICES OR ANY PART THEREOF.
    THE USER AGREES THAT IN ACCESSING THE CELL C “WINC” WEBSITE OR WAPSITE PORTALS, EITHER DIRECTLY OR INDIRECTLY, IT WILL BE BOUND BY THESE TERMS AND CONDITIONS
    AGREEMENT AND ACCEPTANCE

    These Terms and Conditions (“T&Cs”) for Women Incorporated (“WINC” )  shall be effective at the time and date when the user registers, accesses the WINC Website and/ or Wapsite (together referred to as “Services”), either directly or indirectly, and each and every time the User makes use of the  Services thereafter.

    These T&Cs apply in addition to airtime or electronic communications service contract held with Cell C.

    Third party terms

    Third parties may supply components of the Services. The use of the Services and content provided by Third Parties and accessed via the Services is solely at the User’s risk and subject to all applicable third party terms and conditions.

    The User warrants that it has read and agreed to Third Party terms and conditions and warrants to be bound by same.

    1. In the event that the User fails to comply with the provisions of this clause 2, amongst the other rights available to Cell C in law, Cell C reserves the right to terminate the User’s account with immediate effect. 

    Services

    Various content offered as part of the Services is available for purchase by Cell C WINC Subscribers only.

    To view or browse the Services on the WAPsite and/or website the user is required to register and log on thereafter.

    To purchase any of the content, the user must:

    when using the WAPsite login  with his/her WINC cellphone number where the system does not recognise the user’s device.

    when using the website,  log in every time  using his/her WINC cellphone number.

     In the event that the User does not access his/her account for a period of time determined by Cell C, Cell C may in its sole and absolute discretion deem the account inactive and close it.

    The user warrants that:

    the Device used to access the service is owned or used by it.

    it shall not  use the Service:

    for criminal, unlawful and/or  fraudulent activity;

    in a way which may violate the rights of third parties in any manner whatsoever;

    in breach of intellectual property rights of others; and

    for any commercial or promotional purposes.

    Cell C reserves the right, without notice, to:

    withdraw or suspend the whole or any part of the Services; terminate the Service if the User is found to be in breach of any provision contained in these T&Cs.

    Access to certain information

    In certain instances the User’s access to certain pages within the WAPsite and/or website shall be limited to certain subscribers or members of that tariff plan.  Users that are not subscribers of that tariff plan or members shall not be entitled to access those pages within the WAPsite and/or website or make use of that service.   

    Intellectual property rights

    Cell C owns or has a license for all rights in the Services. All intellectual property forming part of the Services and/or made available by means of the Portals are the property of Cell C and as such, are protected from infringement by relevant legislation and treaties. Any unauthorised use of Cell C intellectual property right is prohibited.

    Limitation of liability & indemnity

    Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Cell C (including its owners, employees, service providers, partners, affiliates, agents, content providers and licensors) shall not be liable for any damage (direct, indirect, special or consequential), loss or liability of any nature incurred by the User of any third party from the use of the Service.

    The User hereby indemnifies Cell C (including its wholly owned subsidiaries, owners, employees, service providers, partners, affiliates, agents, content providers and licensors) against any claims or legal action which may be  brought against Cell C by any third party due to any breach of the provisions of these T&Cs by the User.

    General

    All prices include Value Added Tax (VAT).

    No refunds or refund credits will be made to the User in respect of the Services under any circumstances.

    Certain Content and/or Service may be subject to age restrictions and if the User is under the specified age, the user is prohibited from accessing such Services.

    South African law enforced by the South African courts governs the interpretation and enforceability of these T&Cs, the use or inability to use the WINC wapsite and website, its contents and services.

    Cell C reserves the right to use personal information supplied by you to Cell C for promotional or marketing purposes by Cell C or its appointed third party. In this regard, all promotional or marketing communications shall contain an “opt out” option in terms of section 45 of the ECT Act.  

    Cell C reserves the right, in its sole and absolute discretion and without notice to the User, to change these terms and conditions, and change the Devices, Medium, software and hardware required to access and use the Services. 

    These T&Cs constitute the entire agreement between Cell C and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Cell C from the User.

    Any failure by Cell C to exercise or enforce any right or provision shall in no way constitute a waiver of such a right or provision.

    In the event that provisions contained in the T&Cs are found unenforceable or invalid for any reason, such provisions shall be severable from the remaining T&Cs. The remaining terms and conditions shall remain enforceable and applicable.

    Subject to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), the User agrees to Cell C’s right to intercept, block, filter, read, direct, disclose and use all communications sent or posted by the User to the Cell C website, the Cell C wapsite, any other Cell C content portals which maybe in effect from time to time, its staff and employees. RICA may downloaded from: http://www.info.gov.za/gazette/acts/2002/a70-02.pdf

    Cell C shall take all reasonable steps to protect the personal information of Users as defined  in the Promotion of Access to Information Act 2 of 2000 (PAIA).  http://www.info.gov.za/gazette/acts/2000/a2-00.pdf

    © ALL RIGHTS RESERVED

Daily horoscopes

Aquarius

There is an emotional issue that you’re mulling over in your head. Try to balance your rational thought with an emotional evaluation, without the former dominating the latter. Write that letter.

Aries

The moon is in your sign today. Ignore those close to you who accuse you of being selfish and do something just for yourself. It’s a great day to get in touch with some of your neglected needs.

Cancer

Your sensitivity to what others think of you at work could get out of hand today. As you probably know about yourself, you are inclined to take things too personally. You could be over-reacting to a small thing.

Capricorn

Now that work seems to be on a firm and solid course, you can afford to pay more attention to domestic matters. The comfort of your home is under the spotlight today, so determine what improvements are needed.

Gemini

Take the initiative in a friendship, especially if it is a budding new friendship. You have nothing to lose by reaching out and making the first contact. In fact, being bold may give you some self-confidence.

Leo

You’re in a mood to ponder your future today. So much of what happens to us is as a result of the way we think. Make it your mission to focus on positive thinking, especially about yourself.

Libra

Your partner might not usually be a moody person, but today he/she seems to be rather touchy about everything. One of your talents is to smooth things over, so reach out and offer re-assurance.

Pisces

Your sense of self-worth may be slightly obscured today. Keep in mind that spending money on yourself may be a temporary way of alleviating painful feelings. It’s much better to address the feelings directly.

Sagittarius

You’re feeling quite creative today and it would be a pity if your inspiration gets wasted on non-productive projects. Try not to see your creativity as something separate to yourself, but as an integrated part.

Scorpio

If you have a health concern, have it checked out instead of hoping it may go away. At best, it is nothing and it may inspire you to live more healthily for a while. Give the body/mind connection some thought.

Taurus

You’d prefer to have a low-key day today, so do what you can to stay out of harm’s way. If you’re feeling a little down, try to pinpoint the cause of it instead of blotting it out with your favourite means of escapism.

Virgo

Chew over that joint money matter before you speak about it today. Chances are that it’s the same issue that you’re concerned about that is also the cause of some emotional tension between the two of you.