• 1. Important terms for the Use of Subscription Services
  • 1.1. By accessing any page on the website or making use of any content service, you agree fully to the following terms and conditions:
  • 1.2. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these terms and conditions are binding and enforceable against all persons that access this website or any part thereof or make use of any services offered by us.
  • 1.3. If you (“the customer” or “you”) do not agree with these terms and conditions, you must leave this website and discontinue your use of the content service without delay, as further use will mean that you have accepted these terms and conditions.
  • 1.4. The services are provided to you, the customer, by Hyve Mobile (Pty) Ltd (“Hyve Mobile” or “we” or “us”), a private company registered in the Republic of South Africa.
  • 1.5. 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
  • 1.6. You can contact Hyve Mobile’s customer care team by telephone on 0800 060 105 between 8am and 5pm, Monday to Friday or contact us by email at support@hyvemobile.co.za.
  • 1.7. You can unsubscribe from our services at any time using any one of the options below, depending on your mobile network provider:
    • 1.7.1. MTN: Dial *155# and follow the prompts
    • 1.7.2. When you subscribe to any of our services, you will receive a confirmation message 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.
  • 1.8. Our services are designed to work with most widely used mobile devices today, but some services may have specific device requirements in order for you to access all the functionality provided. Any specific devices requirements will be communicated to you prior to your acceptance of the service subscription. Please make sure you understand these requirements before subscribing to any service.
  • 1.9. Standard network rates for calls, SMS, USSD and data apply when accessing any of our services. For more information on these rates, contact your network provider for the charges applicable to your tariff plan.
  • 1.10. A daily or weekly subscription fee of R3 or R5 is chargeable for the content services, depending on the specific content service and network fees may apply, as described in the description of each content service.
  • 1.11. All amounts stated in these terms and conditions or on the content services are inclusive of VAT.
  • 1.12. We reserve the right to change the subscription fee amounts from time to time.
  • 1.13. Errors will be billed for.
  • 1.14. You agree and confirm that you are over the age of 18 years and are authorised to access, make purchases or payments, and/or make changes to any account, personal information and associated profile settings on any of the content services available to you.
  • 1.15. In the event that you are not the account holder and/or are not authorised to make use of the relevant content services, you declare that you have obtained the necessary consent for access to and/or to make changes to the relevant accounts, personal information, profile settings, as well as make purchases and payments.
  • 1.16. It may be required of you to update your personal details to continue using certain functions of the content services. You agree and confirm that you are the authorised person to use the details that you are registering/logging-on with and the information provided to us is accurate and your own personal details.
  • 1.17. If the personal information provided to us is not your information or is incorrect, we will not be held liable in any way.
  • 1.18. If we establish that the intention of using incorrect and/or false personal information is to conduct fraud or malicious activities on this portal, you will be criminally prosecuted as per current legislation.
  • 1.19. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the content services for lawful and legal purposes.
  • 1.20. You may not use the service to:
    • 1.20.1. intentionally engage in illegal conduct;
    • 1.20.2. knowingly create, store or disseminate any illegal content;
    • 1.20.3. knowingly infringe copyright or any intellectual property rights or
    • 1.20.4. to send spam or promote the sending of spam or any kind of unsolicited communication.
    • 1.21. Hyve Mobile reserves the right to suspend or terminate the services of any customer who does not comply with these terms or any other related contractual obligations or with the WASPA Code of Conduct.
    • 1.22. Hyve Mobile reserves the right to take down any content hosted as part of the service that it considers illegal or for which it has received a valid take-down notice from any authority.
• 2. Effect of this Agreement
  • 2.1. By consenting to this agreement and/or by continuing to use the Service you are bound by the entirety of this Agreement and as such terms may be amended by us from time to time. In the case of any inconsistency between any specific rules and this Agreement, this Agreement shall prevail.
  • 2.2. We reserve the right to make any amendments to this Agreement, as we deem necessary, in our sole discretion. By continuing to use the Service you are accepting any changes to this Agreement.
• 3. Your Representations
  • 3.1. In accepting this agreement you hereby represent and warrant to us that you:
    • 3.1.1. are located in South Africa;
    • 3.1.2. are aged 18 years or over or have the consent of your parent or guardian to use the service if you are a minor;
    • 3.1.3. are of sound mind and capable of taking responsibility for your own actions;
    • 3.1.4. can enter into a legally binding agreement and you are the person who has registered with us;
    • 3.1.5. understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply and
    • 3.1.6. are the authorized owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.
• 4. Registration and Use of the Services
  • 4.1. Some of our services may require you to complete a registration process on the Website in order to make full use of the service.
  • 4.2. 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 your registration. If upon our request you fail to provide the requested information, this will result in the suspension of your registration and/or the Service.
  • 4.3. We reserve the right to monitor the use of the Service and we may elect, in our sole discretion to suspend and/or terminate the registration 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.
  • 4.4. 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.
• 5. Communications and Privacy
  • 5.1. By entering into this Agreement, you consent to receive future marketing communications from us. 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.
  • 5.2. We shall take all reasonable steps to protect your personal information and respect your right to privacy.
  • 5.3. For more information on how we handle your personal information, please refer to our privacy policy on our website at //hyvemobile.com/
• 6. Our Liability
  • 6.1. The following provisions set out the entire financial liability of the Company (including any liability for acts or omissions of its parent company, subsidiaries, associated companies, or suppliers (including Hyve Mobile), and their respective employees, agents and sub-contractors) to you in respect of: a) any breach of this Agreement, including any deliberate personal repudiatory breach or any deliberate breach of these conditions by a party, or its employees, agents or subcontractors; and b) any representation, statement and/or tortuous act or omission including negligence arising under or in connection with the Service.
  • 6.2. Nothing in these terms and conditions excludes or limits our liability: a) for death or personal injury caused by the Company’s negligence; or b) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability for; or c) for fraud or fraudulent misrepresentation.
  • 6.3. We are not liable for any loss or damage that you may suffer because of any act of God, 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.
  • 6.4 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 the same. You agree to indemnify us in respect of any liability, damages, costs or claims (save to the extent the same arise out of or in connection with the Company’s breach of contract or its 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.
  • 6.5 Subject to Clause 6.2, a) our liability to you in contract, delict (including 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; b) we shall not be liable to you for any direct, indirect or consequential loss (including without limitation, loss of profit, loss of goodwill, loss of amenity and loss of contract) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Services whether or not we have been made aware of it; c) 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 Website, the Content or the Service or its content, 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.
  • 6.6. 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 Website (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 hyper-linked to its 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 the Website of a link to another website does not constitute any authorization to access materials, nor any accreditation of any such materials held at that location.
  • 6.7. We make no representation or warranty about the information or any other items able to be accessed either directly or indirectly via the Website and/or Service (save to the extent expressly provided on the Website or Service) and we reserve the right to make changes and corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Website.
  • 6.8. We are not liable for any failure to perform by a third party to this Agreement.
• 7. Intellectual Property
  • 7.1. The copyright, database rights and other intellectual property rights (“IPR”) in material displayed on or via the Service (the “Materials”, which expression includes text, data, graphics, photographs, videos, animation, images and audio visual content, are owned by or licensed to us or are the ownership of third party websites). The IPR are protected by the laws 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 Materials and/or IPR.
  • 7.2. Any downloading, use or copying of the Materials is strictly prohibited and, in particular, you agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purposes.
  • 7.3. The following activities are prohibited without our express prior written permission: a) the deployment within the Website of any spider, robot, web crawler or other automated query program; and b) the re-use and/or aggregation of any of the Materials in the provision of a commercial service.
  • 7.4. The copying and use of third party Materials accessed via the Website is governed by the terms of use applicable to the third party website accessed by you.
  • 7.5. Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.
• 8. General
  • 8.1. 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 Website, Content and the Service.
  • 8.2. 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.
  • 8.3. 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.
• 9. Governing Law and Disputes
  This Agreement shall be governed by and construed in accordance with the laws of South Africa. 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. 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.
  Last Updated: 7 May 2021

In order to promote the Gomoji service Hyve Mobile Pty (Ltd) (“Hyve”) (the “Promoters”) are running the Gomoji v2.0 Giveaway Promotion (“the Competition”) All participants agree to be bound by the following Terms and Conditions for the duration of the Competition:

• 1. The Competition is only open for MTN subscribers residing in South Africa.
• 2. The promotional period will run from 00:00 on 01 September 2023 until 23:59 on 31 December 2023 (“end date.”).
• 3. One hundred (100) lucky entrants stand a chance to win one (1) MTN 30 day 1GB anytime data bundle to the value of R85.00 (eighty five Rand only).
• 4. To qualify as a potential winner, entrants have to subscribe to the Gomoji service during the competition period as stipulated above and be one of the first 100 users to create one sticker or picture edit using the new functionality on Gomoji.
• 5. Subscription to Gomoji costs R5.00 per day or R15.00 per week.
• 6. Users can subscribe to Gomoji in one of the following ways:
  • 6.1. Respond to the automated voice call promoting the service sent to the customers mobile number.
  • 6.2. Click on one of the promotional banners on the MTN “No Funds” webpage or MTN Play portal as advertised.
  • 6.3. Dial the Gomoji USSD string as advertised and follow the prompts.
  • 6.4. Select the Gomoji service from the *123# MTN Play USSD menu.
  • 6.5. Respond to the OnePIN advertisement sent to selected customers phones during the promotion.
• 7. The winners will be selected after the end date of the competition from a list of entries that have fulfilled the requirements as stated in clause 4.
• 8. Winners will be notified and announced within 3 (three) weeks after the end date of the competition.
• 9. Only entries received during the promotional period as stipulated in clause 2 above will qualify as potential winners.
• 10. Subscribers to this service, as well as winners of the competition have to be at least 16 years old.
• 11. There are no additional charges for participating in the Competition, but any applicable standard data costs as per user’s service provider apply.
• 12. A WAP/internet enabled handset is required to access the Gomoji service.
• 13. Any participant under the age of 18 shall present their parent / guardian’s written consent to enter the competition, at Hyve Mobile’s request.
• 14. Mobile numbers used to enter the competition or subscribed to the service must be active on the MTN network at the end of the competition.
• 15. In the event that the user of the mobile phone (i.e. the participant in the competition) is not the person that is responsible for payment of the participating mobile phone account, then the prize will be awarded to the person that is responsible for payment of the participating mobile phone account.
• 16. Hyve will use reasonable efforts to contact the winner telephonically on the contact details used by the participant to participate in the competition.
• 17. Winners will be contacted during working hours, between 8 (eight) in the morning and 5 (five) in the afternoon.
• 18. Hyve shall attempt to contact the winner for a period of 2 (two) working days after his or her name has been drawn and verified as a winner.
• 19. Should a participant not be available on the contact number provided during the timeframe stipulated above or rejects, forfeits or declines acceptance of the prize, that person's right to the prize will be deemed to have been waived and the prize will be forfeited. Hyve reserves the right to then award the prize to the next randomly drawn participant.
• 20. Each winner must be able to identify himself or herself in a manner determined by Hyve as the entrant of the Competition and has to comply with the required validation procedure in order to claim the prize .
• 21. Participants must be in possession of a valid South African identity document or permanent residence permit or temporary residence permit valid for a period exceeding 12 (twelve) months for the Republic of South Africa and valid at the end date.
• 22. Hyve may request the winner’s consent in writing to their image and/or likeness being used and published by Hyve in connection with the competition for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their image and/or likeness by Hyve.
• 23. The prizes are not transferable or exchangeable.
• 24. Prizes will only be awarded by Electronic Funds Transfer into the qualifying winner’s nominated bank account at a registered financial institution in South Africa. Hyve may require that the winner produce documentation as proof of ownership of the nominated bank account.
• 25. The Promoters shall not be liable for any costs incurred by the winner in claiming the prize.
• 26. All risks and ownership of the prize shall pass to the winner on transfer/delivery thereof and hence all of the Promoters’ obligations in regard to the Competition as well as in regard to the prize shall terminate.
• 27. Nothwithstanding the fact that the prizes vest on the winners immediately upon the determination of the results, any prizes that remain unclaimed/undeliverable after three (3) months of the end date or no reasonable effort is made on the part of the winners to claim the prizes despite having been advised of the results of the competition will be forfeited.
• 28. The duration of the Competition may be extended or curtailed at the discretion of Hyve.
• 29. In the event of a dispute in regard to any aspect of the Competition and/or the Terms and Conditions, Hyve’s decision will be final and binding and no correspondence may be entered into.
• 30. Hyve may refuse to award the prizes if entry procedures or these Terms and Conditions have not been adhered to or if it detects any irregularities or fraudulent practices. Hyve is entitled in its entire discretion to reject any participant for any reason and will not be obliged to notify participants that they are rejected.
• 31. The Promoters are not liable for any technical failures affecting participation and/or prize redemption process of the Competition.
• 32. The Promoters assume no liability whatsoever for any entry that has been omitted from participation in the Competition for any reason whatsoever.
• 33. The Promoters have no control over the interception or loss of your personal information over the internet and assume no liability for any such interception or loss.
• 34. User data collected via the competition will not be used for any other purpose than for the competition and the provision of the services promoted.
• 35. Employees, directors, agents, contractors and consultants of the Promoters and all other participating companies and their immediate families, life partners, associates, or business partners do not qualify to participate or win in the competition.
• 36. Neither the Promoters nor any other person or party associated with the competition, their associated companies, agents, contractors and sponsors and any of its personnel involved in the competition, shall be liable whatsoever for any loss or damage incurred or suffered (including but not limited to direct or indirect or consequential loss), death or personal injury suffered or sustained arising from either participation in the Competition or from claiming the prize.
• 37. The Promoters further reserve the right to alter, cancel or terminate the Competition immediately and without notice in the event that the Competition is held to be or becomes unlawful. In such event all participants hereby waive any rights which they may have against Hyve and acknowledge that they will have no recourse or claim of any nature whatsoever against Hyve.
• 38. All information relating to the Competition and published on any promotional material will form part of these Terms and Conditions.
• 39. Gomoji standard terms and conditions for the use of its mobile content services apply when subscribing to or accessing any of the services promoted during the competition.