Need help or have a suggestion? Contact us by email customer@za.help-buongiorno.com or give us a call on (+27) 875512501 (network providers may apply their own charges, please refer to them for rates)
Gamifive:
SUBSCRIPTION SERVICE: R7/DAY
NOTICE:The Gamifive service is provided subject to these terms and conditions which explain how you may access and use the service and the Privacy Policy, http://www.gamifive.co.za/settings-page which explains how we process and use your personal information (The “Agreement”).
IF YOU ARE UNDER 18 OR DO NOT CONSENT TO THIS AGREEMENT OR IF YOU ARE NOT WILLING TO BE BOUND BY IT THEN DO NOT ACCESS THE SERVICE OR PROMPTLY CEASE USING THE SERVICE ON YOUR MOBILE DEVICE.
Gamifive Content and Pricing
Gamifive is a mobile subscription service charged at R3 or R7 per day (exact price depending on the campaign existing at the time of joining) which offers you unlimited access of the content available while you remain subscribed (the “Service”). The daily charge will be recovered directly from your network service provider and you will in turn pay your network service provider. You authorise us to recover the relevant amounts directly from your network service provider who you authorise to pay us. You confirm that you are allowed to provide the authorisations mentioned above.Network charges may also apply.
Gamifive has a vast amount of mobile games content available; plus an extensive amount of new content and categories added on a regular basis (the “Content”). Being a member of Gamifive gives you access to this wide and varied selection of mobile content.
Marketing Communications
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.
Cancellation
You are free to cancel your subscription at any time by following the instructions below:
Selfcare: Visit http://webappsupport.co.za/selfCare/home to unsubscribe at anytime.
1. INTRODUCTION
The Service is operated by Buongiorno South Africa (Pty) Ltd , which is a limited liability company registered in the Republic of South Africa under company number 1990/04637/07, trading here as ‘Gamifive’ (the "Company", “we”, “us”, “our”).
2. EFFECT OF THIS AGREEMENT
2.1 By consenting to this Agreementand/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 By seeking to register with us or by using the Service you hereby represent and warrant to us that at all such times you:
a) are located in South Africa;
b) are aged 18 years or over;
c) are of sound mind and capable of taking responsibility for your own actions;
d) can enter into a legally binding agreement and you are the person who has registered with us;
e) understand that you may be charged for using the Service and that you accept full responsibility for any such charges that may apply;
f) are acting as principal and not on behalf of anyone else;
g) are the authorised owner of the mobile device which you registered to the Service during the registration process or any subsequent mobile device registered on the Service.
3.2 You agree to abide in full with this Agreement.
3.3 You may only access the Content and/or use the Service by accessing: http://www.gamifive.co.za (the “Website”). You are not allowed to access the Service through any other medium.
3.4 You hereby warrant to us that: a) all information provided in your registration to the Service and all personal information provided to us is complete, accurate and not misleading; b) you will only use the Service strictly for legitimate purposes only; and c) you will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the Website, the Service or the Company by any means. Charges and proceedings may be brought against you if you try to manipulate the Service or any of the Content 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.
4. 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 such Services or Content or for any other reason.
5. REGISTRATION
5.1 Before you are able to access any of the Content or use the Service, you will be required to register with us by completing the registration process on the Website.
5.2 Following registration you will be provided with access to the Service, upon being successfully billed by us via the mobile phone number that you registered with. 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 source has accessed your mobile number we accept no liability whatsoever including but not limited to any charges, information lost, stolen or misused. If you believe that your mobile number is in any way being misused by a third party please inform us immediately so that we may suspend the Service.
5.3 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 evidence of proof of age or other requested information this will result in the suspension of your registration and/or the Service.
5.4 Upon completion of the registration we will confirm by SMS to the mobile number which you provided that your registration is now complete.
5.5 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.
5.6 You agree to return in the same condition or forthwith settle to us the cash equivalent (if applicable, and calculated as at the date(s) of the prize(s) being awarded) any and all prizes which may have been awarded to you under the Service, in circumstances where we subsequently discover that you have breached this Agreement (including without limitation where the mobile number used to register to the Service, the use of the Service and/or the registration itself is disputed).
5.7 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 authorised third parties.
6. COMPATIBILITY
6.1You may experience problems or be unable to access certain Content successfully depending on the mobile device used to access certain Content onto. Non-android smart phones (such as iOS devices and Windows devices) and possibly some Android phones will only be able to access limited Content due to the type of Operating systems on the mobile devices. This is an issue with the third party technology used in the provision of the Content which is not available on all handsets and out of the Company’s control. If you have this type of issue that limits your access to some or all of the Content and would like to raise a query or ask for technical assistance, please call our call centre on (+27) 875512501 or email our customer support team at customer@za.help-buongiorno.com You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile device or loss of data resulting from any such incompatibility.
6.2 We make no representation as to the compatibility of your mobile device with the Service and you acknowledge and agree that the Company shall have no liability for the compatibility or non-compatibility of your mobile handset with the Service and/or the Content.
7. SECURITY POLICY
We will not sell your personal detail to third parties. However, we may pass on your details to relevant authorities or regulators if we wish to investigate any suspected or alleged illegal activity, fraud, harassment, or abuse of the Service in any manner or to assist in the investigation of any suspected or illegal activity, fraud or abuse of the Service or if we are required by law to do so.
8. RULES GOVERNING ALL GAMES
8.1 The rules set out in this section govern all games related Content provided on the Service. Additional rules for all game related Content may be found on the Website http://www.gamifive.co.za/settings-page and you agree to be bound by them.
8.2 In order to enter and access any of the games related Content, you must follow the steps and comply with any information shown on your mobile device’s screen.
8.3 You agree not to interrupt or attempt to interrupt the operation of the Service or in any way interfere with the normal accessing of any of the games related Content. Your rights to accessing any of the games related Content will be null and void if we discover or suspect that you have in any way interrupted, deviated, manipulated the outcome, tampered or interfered (including any such unsuccessful attempts by you) with any of the games.
8.4 You agree to be bound by any other rules applicable to specific access as presented to you on your mobile device’s screen and any breach of these rules by you will entitle us to totally disqualify you from participation in the same.
8.5 No refunds or credits will apply for abortive Content and/or Games.
9. REWARDS
9.1 We may offer from time to time Content which is free to access but which will require full registration.
9.2 The rules of access to free Content will be displayed on the Website and may be accessible to non-registered members.
10. COMPLAINTS AND DISPUTES
10.1 Should you wish to make a complaint to us in respect of the Service or other matter, please contact us via telephone on (+27) 875512501 or by emailing: customer@za.help-buongiorno.com or by writing to our address at the bottom of this Agreement. We will endeavour to assist you as soon as reasonably possible.
10.2 The Companyis 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. The Company 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
11. OUR LIABILITY
11.1 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, 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.
11.2 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.
11.3 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.
11.4 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.
11.5 Subject to Clause 11.2, a) our liability to you in contract, tort (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.
11.6 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 authorisation to access materials, nor any accreditation of any such materials held at that location.
11.7 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.
11.8 We are not liable for any failure to perform by a third party to this Agreement.
12. INTELLECTUAL PROPERTY
12.1 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 authorised 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.
12.2 Any accessing, 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.
12.3 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.
12.4 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.
12.5Our names and associated logos are our exclusive trademarks and cannot be used by you without our prior written permission.
13. SUBMISSION OF INFORMATION
Save for personal information (which shall be dealt with in accordance with the Privacy Policy), all information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us or other users through the Service will become our exclusive property and we shall not be subject to any obligation of confidentiality and be free to use such information for any purpose without any restriction or consideration whatsoever.
14. GENERAL
14.1 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.
14.2 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.
14.3 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.
15. 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 Website and 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 Website, the Service, its Contents whether in whole or part.
Customer Service
If you have any questions concerning this Agreement please contact:
Customer Services: Buongiorno South Africa (Pty) Ltd, 5th Floor Atlantic, 4 Rua Vasco Da Gama, Cape Town 8001
Helpline: (+27) 875512501 (local call charge rate)
Email: customer@za.help-buongiorno.com
Selfcare: Visit http://webappsupport.co.za/selfCare/home to unsubscribe at anytime.
Update: August 2015
You can refuse to the collection by us of some of the Personal Information or any other information. However, if you decline to provide all information required this could limit your access to some of the Services.
For each visit to our Services, our systems automatically recognize the mobile number and mobile device type used to communicate with us (where possible). For analytical purposes in order to monitor trends and statistical data, we may also track the following:
· URL/internet protocol address
· mobile device location
· browser type
· pages of Services accessed
· viewed search terms
· Your online service behaviour e.g. subscriptions, product/service purchases, widget/app downloads, social media sharing, comments reviews etc.
Individual users will remain anonymous, unless you tell us who you are.
4. CHILDREN AND MINORS
We do not knowingly collect or solicit Personal Information from children and minors. Anyone under the age of 18 will not be knowingly allowed to register for the Services
If you are under 18, please do not attempt to register for the Services or send any Personal Information to us.
In the event that we become aware or informed that we have collected Personal Information from anyone under the age of 18 without verification of parental consent, we will delete that information.Minors of under the age of 18 years old should make sure that they ask their parents for permission before sending any information.
5. INFORMATION TO THIRD PARTIES
We will not rent, sell or share your Personal Information with other organisations or non-affiliated companies for commercial purposes unless you have expressly consented to this.
However, by law or for regulatory reasons we may be required to disclose any Personal Information to certain third parties if required to investigate or deal with any complaints relating to you or your use of the Service.
Your Personal Information may be disclosed to other businesses within our group of companies and to reputable third parties who will help process your subscription if necessary such as our supply and service agents and data processors.
If all or part of our business is sold, (whether by sale of shares or assets) or integrated with another business, your details and Personal Information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business. Following completion of any such sale or transfer, your Personal Information shall be disclosed to and transferred to such new owner or third party.
We do ask our third parties to confirm that their privacy practices are consistent with ours.
6. YOUR CONSENT
You agree to us collecting, using and processing your Personal Information as set out in this Privacy Policy.
Owing to the global nature of the Internet infrastructure, the Personal Information you provide may be transferred in transit to countries outside the African Economic Area that do not have similar protections in place regarding your data and its use as set out in this Data Protection Privacy Policy. However, we have taken the steps outlined above to try to improve the security of your information. By submitting your information you consent to these transfers.
7. COOKIES
Our Services uses ‘cookies’ to distinguish you from other users of our Services. A cookie is a small amount of data or parcels of text that is sent to your browser from a web server and stored on your mobile device’s hard drive if consented to that. Generally, such a 'cookie' being a file in your web browser will enable the website to recognise your mobile device when you visit the website.
Cookies help us to enhance your experience when you access our Services and also allow us to improve it. We may obtain information about your general internet usage by using such cookie files which are stored on the browser of your mobile device type. Cookies contain information that is transferred to your mobile device type.
They enable us to:
To estimate our audience size and usage pattern. To store information about your preferences, and so allow us to customise our site according to your individual interests.
To speed up your searches.
To recognise you when you return to our site.
Estimate our audience size and usage pattern.
Provide a more convenient browsing experience for you.
You may refuse to accept all cookies, reject all cookies, or modify your browser to alert you of any new cookies by activating these settings on your browser. However, if you select any of these settings you may be unable to access certain parts of the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access our Services. Please note that our affiliates may also use cookies, over which we have no control.
If you wish to reject cookies or alter the access in any way, you can follow the instructions below to do so. Please always check for updated network operator software instruction versions as to how to control cookies.
Android:
1. Turn on your Android
2. Tap on your preferred "Browser."
3. Press the "Menu" button
4. Tap "More" and then "Settings."
5. Select "Privacy Settings" and tap on "Clear All Cookie Data."
6. When it asks you to confirm, click "Yes"
7. You can also discover independent information about cookies by researching the Internet or carrying out online searches.
8. UPDATING YOUR INFORMATION
If you wish to correct your information, please let us know by:
Email: Send us an email at customer@za.help-buongiorno.com
SECURITY STATEMENT:
The security internal procedures are designed to cover the storage, access and disclosure of your Personal Information.
We are committed to online security. We maintain security measures to protect the sensitive data via Services and to prevent unauthorised access of customer information that is transmitted to our databases. We cannot however guarantee the security of any data sent over the internet. Details of our security policy and measures can be found below.
This Security Statement explains how we store and safeguard the information we collect about you, and procedures that we have in place to safeguard your privacy generally.
We always use industry-standard encryption technologies when transferring and receiving customer data exchanged with our Services. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you on our Services.
Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure.
To prevent unauthorised access, maintain accuracy of our records and data to ensure proper use of information, we have put in place appropriate physical, electronic and managerial procedures to protect, secure and safeguard the personal data and information we collect or on through our website. The following provisions and arrangements are in place:
We have a management and corporate commitment to information security within the organisation and provide clear direction, guidance and responsibilities and procedures in this respect.
All employees are briefed on the importance of personal data and security and confidentiality of information obtained. Employees may attend training programmes and are provided with updates or practical guidance.
We control physical security in relation to the information and personal data that is contained at our facilities and restrict access to the site, buildings, computer rooms, office desk, technology areas, equipment and other facilities where unauthorised access by people could compromise our security.
All proprietary or confidential information, including personal data, is contained or stored on computer and any that is contained and stored on manual files are locked up and secure.
We may seek to control access to information and personal data, including existing procedures for authorising and authenticating users as well as software controls for restricting access and techniques for protecting data such as encryption. Encryption is used in connection with our payment facilities for customers.
We monitor and log access so as to assist in detection and investigation of security breaches and any attempted breaches where they occur.
We maintain a business continuity plan as a contingency plan which identifies our business functions and assets (including personal data) which would need to be maintained in the event of disaster and set out the procedures for protecting and restoring them if necessary.
In respect of detection and investigation of breaches where they occur, we have in place relevant controls which should alert us to a breach in security. We endeavour to investigate every notified breach of security.
The personal data and information held by us are currently stored on a relevant technology system, mass email programme data base, individual account contact manager’s systems together with the training booking spreadsheet, invoicing spreadsheet, Excel spreadsheets, paper form.
Our security measures are reviewed from time to time.
Any changes to this policy will be posted on this Website
Privacy Policy: last updated January 2014
Contact Us
Need help or have a suggestion? Contact us by email at customer@za.help-buongiorno.com or give us a call on (+27) 875512501 (some network providers may apply their own charges, please refer to them for rates).
What do we offer?
Gamifive is an exciting games service for iPhone and Android users who want to play the latest HTML5 games on their handset. From Action to Adventure we have a range of great games for your phone!
How much is it to join?
The service costs R 7 per day subscription and you are charged on a daily basis.
How do I unsubscribe?
You can unsubscribe at any time by visiting our selfcare site http://webappsupport.co.za/selfCare/home If you require further assistance please email customer@za.help-buongiorno.com or give us a call on (+27) 875512501 (some network providers may apply their own charges, please refer to them for rates).