VodaMedia Terms and Conditions.

The following words shall bear the meanings assigned to them below:

 

“Advertising Campaign” means the advertising message to be sent to subscribers or platform users by means of mobile or digital marketing inventory including the copy (writing), images and/or functionality (for example, but without limitation, a link to a web page), whether covered by trademarks, service marks, or trade names, that are used as part of or as the whole advertising message from you.

 

“Package” means pre-designed media plans that give you the best value for money across all our channels.

 

“Your account” means the profile under which you book advertising which is password protected.

 

“Ad Review Process” means the operational steps and tasks that needs to be undertaken to activate your campaign or advert.

 

“Prohibited Content” means materials which encourage violence, criminal behaviour, or dangerous behaviour (e.g., creating weapons, taking, or making drugs and carrying out fraudulent or terrorist acts); highly graphic sexual acts that would be likely to offend a 'reasonable adult'.  

 

“Restricted Content” means any content (except user generated content) or terms that: (a) promote or constitute illegal activities (illegal drugs, phishing, terrorism, criminal activities, contests, pyramid schemes or chain letters, for instance); (b) promote illegal sales of alcohol, tobacco or weapons or illegal activity.

 

“Channels” means the mobile marketing and advertising inventory available through VodaMedia and includes SMS, Please Call Me, the Vodacom display network, and partner display.

 

“Advertiser” means a person (including juristic persons) for whom the mobile inventory is purchased for the purpose of carrying advertising on the VodaMedia channels.

 

“Order form” means the document entitled “Mobile Advertising or VodaMedia Insertion Order” that is downloadable after you have set up your campaign before payment is made.

If you are interested in becoming a reseller of VodaMedia advertising, you will be required to apply and agree to our sales agent’s terms and conditions after you have qualified. You will be required to create an account and specify a password to use certain services or features from VodaMedia. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself and company. If your information changes at any time, please update your account to reflect those changes.

 

You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify us on Vodamedia@vodacom.co.za

Before ads show up on the VodaMedia Display Network, they are reviewed by Vodacom to make sure that they meet our Advertising Policies. Typically, most ads are reviewed within 72 hours, although in some cases it may take longer.

 

What We Consider:

During the ad review process, we will check your ad's images, text, targeting, and positioning, in addition to the content on your ad's landing page. Your ad may not be approved if the landing page content is not fully functional, does not match the product/service promoted in your ad or does not fully comply with our Advertising Policies.

 

Our operations team will not be obliged to place any advertisement(s) that does not satisfy the technical specifications provided in the designated portal regarding dimensions, file type and file sizes.

 

If you wish to change the start date of any advert package you will need to cancel the booking via the designated portal and re-submit your campaign.

 

VodaMedia will provide you with regular reports on your advert package booked based on your requested periods.

 

VodaMedia is not responsible for the design, maintenance, or content of your advertisement. All costs in regard thereto are for your own account.

 

Adverts will appear on the relevant Channels until the agreed number of impressions has been achieved or the campaign end date has been achieved.

 

Any call to action re-directing users where further terms and conditions may be applicable must be clearly displayed before the consumer purchases any goods or services.

If your ad is rejected for not fully complying with our policies, you can edit it and resubmit it for review.

To edit your ad:

1. Check the email address associated with your advertising account. If your ad does not get approved, we will send you an email with details that explain why.
2. Using the information in your email, you can edit your ad and create a compliant one.
3. Save your edited changes. Once you save your changes, your ad will be resubmitted for review.
4. If your ad is still not approved, you can appeal the decision by sending an email to VodaMedia@vodacom.co.za

 

If you cannot edit your ad or feel it was a mistake that it was not approved, you can request a review of the decision via email to VodaMedia@vodacom.co.za

All VodaMedia inventory is represented excluding VAT on the card.

For VodaMedia to maintain and improve on the service an additional fee may be included from time to time depending on the inventory which will allow us to:

 

1.  ensure optimised advertising delivery,

2. operational review and approval processes

3. Campaign management and reporting access

4. Integration between VodaMedia and our partners via an API

 

Please note that we reserve the right to change the service fee percentages from time to time as may be required from business.  It is your responsibility to keep yourself informed of these charges which is available on all packages before making your purchase and will be indicated on the invoice as a separate line item.

1. Illegal Products or Services

Adverts must not constitute, facilitate, or promote illegal products, services, or activities.

2. Discriminatory Practices

Adverts must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.

3. Tobacco and Related Products

Adverts must not promote the sale or use of tobacco products and related paraphernalia. Advertisements must not promote electronic cigarettes, vaporizers, or any other products that simulate smoking.

4. Drugs and Drug-Related Products

Adverts must not promote the sale or use of illegal, prescription, or recreational drugs.

5. Unsafe Supplements

Adverts must not promote the sale or use of unsafe supplements, as determined by Vodacom and Facebook in their own discretion.

6. Weapons, Ammunition, or Explosives

Adverts must not promote the sale or use of weapons, ammunition, or explosives. This includes adverts for weapon modification accessories.

7. Adult Products or Services

Adverts must not promote the sale or use of adult products or services, except for adverts for family planning and contraception. Adverts for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older.

8. Adult Content

Adverts must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.

Adverts that assert or imply the ability to meet someone, connect with them or view content created by them must not be positioned in a sexual way or with an intent to sexualise the person featured in the ad.

9. Third-Party Infringement

Adverts must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please contact us via email with VodaMedia@vodacom.co.za

10. Sensational Content

Adverts must not contain shocking, sensational, inflammatory, or excessively violent content.

11. Personal Attributes

Adverts must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, voting status, membership in a trade union, criminal record, or name.

12. Misinformation

Vodacom and Facebook prohibit adverts that include claims debunked by third-party fact checkers or, in certain circumstances, claims debunked by organizations with particular expertise. Advertisers that repeatedly post information deemed to be false may have restrictions placed on their ability to advertise on Facebook.

13. Controversial Content

Adverts must not contain content that exploits crises or controversial political or social issues for commercial purposes.

14. Non-Functional Landing Page

Adverts must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.

15. Cheating and Deceitful Practices

Adverts may not promote products or services that are designed to enable a user to engage in cheating or deceitful practices.

16. Grammar and Profanity

Adverts must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly without the intention of circumventing our advert review process or other enforcement systems.

17. Non-existent Functionality

Adverts must not contain images that portray non-existent functionality. This includes imagery that replicates play buttons, notifications, or checkboxes, as well as adverts containing features that do not work, such as multiple-choice options in the ad creative itself.

18. Personal Health

Adverts must not contain "before-and-after" images or images that contain unexpected or unlikely results. Ad content must not imply or attempt to generate negative self-perception to promote diet, weight loss, or other health related products.

19. Payday loans, paycheck advances, and bail bonds

Adverts may not promote payday loans, paycheck advances, bail bonds, or any short-term loans intended to cover someone's expenses until their next payday. Short term loan refers to a loan of 90 days or less.

20. Multilevel Marketing

Adverts promoting income opportunities must fully describe the associated product or business model and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.

21. Penny Auctions

Adverts may not promote penny auctions, bidding fee auctions, or other similar business models.

22. Misleading Claims

Adverts must not contain deceptive, false, or misleading claims like those relating to the effectiveness or characteristics of a product or service or claims setting unrealistic expectations for users such as misleading health, employment, or weight-loss claims.

23. Low Quality or Disruptive Content

Adverts must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading advert positioning, such as overly sensationalized headlines or prompts for users to inauthentically interact with the advert, and leading people to landing pages that contain minimal original content and a majority of unrelated or low-quality ad content.

24. Spyware or Malware

Adverts must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.

25. Automatic Animation

Adverts must not contain audio or flash animation that plays automatically without a person's interaction or expands within Facebook after someone clicks on the advert.

26. Unacceptable Business Practices

Adverts must not promote products, services, schemes, or offers using deceptive or misleading practices, including those meant to scam people out of money or personal information.

28. Circumventing Systems

Adverts must not use tactics intended to circumvent our ad review process or other enforcement systems. This includes techniques that attempt to disguise the ad's content or destination page.

27. Prohibited Financial Products and Services

Adverts must not promote financial products and services that are frequently associated with misleading or deceptive promotional practices.

38. Sale of Body Parts

Adverts must not promote the sale of human body parts or fluids.

1. Alcohol

Adverts that promote or reference alcohol must comply with all applicable local laws, required or established industry codes, guidelines, licenses, and approvals, and include age and country targeting criteria consistent with VodaMedia targeting guidelines and applicable local laws. Note that Adverts promoting or referencing alcohol are prohibited in some countries, including but not limited to Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Lithuania, Norway, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates and Yemen.

2. Dating

Adverts for online dating services are only allowed with prior written permission. These must adhere to the dating targeting requirements and our dating quality guidelines

3. Real Money Gambling

Adverts that promote or facilitate online real money gambling, real money games of skill or real money lotteries, including online real money casino, sports books, bingo, or poker, are only allowed with prior written permission. Authorized gambling, games of skill or lottery Adverts must target people 18 years or older who are in jurisdictions for which permission has been granted.

4.  Lotteries

Lotteries run by government entities may advertise on Facebook, provided the Adverts are targeted in accordance with applicable law in the jurisdiction in which the Adverts will be served and only target people in the jurisdiction in which the lottery is available.

5. Online Pharmacies

Adverts must not promote the sale of prescription pharmaceuticals. Adverts for online and offline pharmacies are only permitted with prior written permission.

6. Promotion of Over-The-Counter Drugs

Adverts that promote over-the-counter medicines must comply with all applicable local laws, required or established industry codes, guidelines, licenses, and approvals, and include age and country targeting criteria consistent with applicable local laws.

7. Subscription Services

Adverts for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to our subscription services requirements.

8. Financial and Insurance Products and Services

Adverts promoting credit card applications, or financial services with accredited institutions must clearly provide sufficient disclosure regarding associated fees, including APR percentages, transaction fees, interest rates and the physical address of the entity offering the product within the ad's landing page. Adverts promoting credit cards, loans or insurance services must be targeted to people 18 years or above. Adverts promoting credit cards, loans or insurance services must not directly request the input of a person’s financial information, including credit card information.

9. Branded Content

Adverts promoting branded content must tag the featured third-party product, brand or business partner using the branded content tool. Branded content within adverts is defined as a creator or publisher's content that features or is influenced by a business partner for an exchange of value. When promoting branded content integrations, advertisers must use the branded content tool (please learn more here on how to tag the featured third-party product, brand, or business partner).

10.a Adverts About Social Issues, Elections or Politics

Advertisers cannot advert about social issues, elections, or politics, provided the advertiser complies with all applicable laws and the authorization process required.

11. Cryptocurrency Products and Services

Adverts may not promote cryptocurrency trading or related products and services without prior written permission from Vodamedia@vodacom.co.za.

12. Cosmetic Procedures and Weight Loss

Adverts marketing weight loss products and services must be targeted to people at least 18 years or older.

Adverts marketing cosmetic surgeries and procedures must be targeted to people at least 18 years or older.

You must not use targeting options to discriminate against, harass, provoke, or disparage users or to engage in predatory advertising practices.

1. Relevance

All advert components, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the advert.

2. Accuracy

Adverts must clearly represent the company, product, service, or brand that is being advertised.

3. Related Landing Pages

The products and services promoted in an advert's text must match those promoted on the landing page, and the destination site must not offer or link to any prohibited product or service.

VodaMedia provides features that enable you to run an advertising unit allowing your audience to provide their email address or other personal information to you (“Lead Adverts”). By using this feature, you agree to the following:

1.  You are solely responsible for ensuring that each Lead Advert submitted by you complies with these Terms and Conditions and our partners.
2. You will ensure that each Lead Ad includes the following disclosures to our audience: (I) all disclosures and choice mechanisms necessary  are sufficient to comply with applicable laws, rules and regulations, including any necessary offer terms promoted in the Lead Ad (e.g., criteria to qualify, expiration date, or limitations on redemption) (“Offer Terms”); (ii) a clear and prominent disclosure that if a user submits data to you through a Lead Ad, such data will be governed by your privacy policy; and (iii) a link to your privacy policy. You will further ensure that no Lead Ads will be targeted to any minors.
3. “Lead Ad Data” means the information that a targeted audience submits to you through a Lead Ad, which may consist of information such as an email address, contact number, and any additional user information.
4. You may only use the Lead Ad Data in accordance with these Terms and Conditions; the Vodacom and VodaMedia privacy policy, your privacy policy; any offer terms, consents, additional terms, and conditions agreed to by the targeted audience or user when agreeing to provide Lead Ad Data to you through the Lead Ads and applicable laws, rules, and regulations (including all applicable data privacy, advertising, telemarketing, or other laws). If you are receiving Lead Ad Data on behalf of an advertiser, you may only use or share such Lead Ad Data on such advertiser’s behalf and you may not augment, commingle, or supplement such Lead Ad Data with any other data from any other advertiser.
5. You may only sell, or transfer Lead Ad Data as permitted by this section. Lead Ad Data may be sold or transferred if the recipient only uses the Lead Ad Data to fulfil the purpose for which it was collected (as described by a reasonably prominent notice and agreed to by the user at the point of collection). In the event you share or sell Lead Ad Data to a third party, you do so solely at your own risk, and you will ensure that any such third party complies with these terms and all applicable laws, rules, and regulations.
6. You will have in place appropriate technical and organizational measures to protect Lead Ad Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage, and which consider the nature, scope, context, and purposes of the processing as well as the risks. Lead Ad Data may be made available to you through protocols specified by VodaMedia and your use of such protocols must comply with our Platform Policy.
7. VodaMedia may modify, suspend, or terminate access to, or discontinue the availability of, the Lead Ads feature at any time. You may discontinue your use of the Lead Ads feature at any time by requesting the stop or pause via VodaMedia@vodacom.co.za .
8. This section governs your use of Lead Ads only. They do not replace any part of these Terms and Conditions applicable to your purchase of advertising inventory from VodaMedia (including but not limited to the VodaMedia Advertising Policies), and such Terms and Conditions will continue to apply. This Lead Ads is part of VodaMedia, and your use of the Lead Ads is deemed part of your use of, and actions on, “VodaMedia.” In the event of any express conflict between these terms and other clauses of these. VodaMedia reserves the right to monitor or audit your compliance with these Terms and Conditions
9. VodaMedia will send you all leads generated from the SMS campaign via email on an excel sheet that is password protected.
10. Leads generated will only be available for 60 days from the end date of your campaign after which it will be deleted from the VodaMedia database and will no longer be available.
11. You hereby also consent to give VodaMedia employees and operations access to your leads generated for quality assessment and troubleshooting purposes.

 

Advertisers may not capture the following types of information without VodaMedia prior written permission.

 

1. Account Numbers

Adverts must not request account numbers, including frequent flyer numbers, loyalty card numbers, or cable or telephone account numbers without our prior permission.

2. Criminal History

Adverts must not request information regarding criminal or arrest history without our prior permission.

3. Financial Information

Adverts must not request financial information, including bank account numbers, bank routing numbers, credit or debit card numbers, credit scores, income, net worth or how much debt someone has without our prior permission.

4. Government Issued Identifiers

Adverts must not request government-issued identifiers, including Social Security numbers, passport numbers or driver's license numbers without our prior permission.

5. Health Information

Adverts must not request health information, including physical health, mental health, medical treatments, medical conditions, or disabilities without our prior permission.

6. Insurance Information

Adverts must not request insurance information, including current insurance policy numbers, without our prior permission.

7. Political Affiliation

Adverts must not request information regarding political affiliation.

8. Race or Ethnicity

Adverts must not request information regarding race or ethnicity without our prior permission.

9. Religion

Adverts must not request information regarding religion or philosophical beliefs without our prior permission.

10. Sexual Orientation

Adverts must not request information regarding sexual orientation or information about the sexual life of the individual, including what gender(s) the person prefers to date, without our prior permission.

11. Template Questions

Adverts must not request the same or substantially similar information that you could use a Template Question to request.

12. Trade Union Membership

Adverts must not request information regarding trade Union membership status without our prior permission.

13. Usernames or Passwords

Adverts must not request usernames or passwords, including usernames and passwords for existing and new accounts, without our prior permission. If you want to direct people to sign up for an account with your site or service, you should use the Clicks to Website or Website Conversions objective when you run your adverts.

VodaMedia include targeted SMS campaigns to the Vodacom opted-in base, and makes provision for you, as the Advertisers, to provide your own audience base.

Undertaking by Advertisers when Audience Base is supplied by Advertisers
You warrant that:

1. You have obtained customer’s consent for the processing of their personal information in a freely given, specific, informed, and unambiguous way, which is reinforced by a clear affirmative action. In addition, the right to opt out was provided to the customers at the time that the information was collected.
2. You have mechanisms in place to process and maintain your customer’s preference and opt outs.
3. The direct marketing by means of an SMS, MMS or RCS push notification can only relate to your own similar products or services
4. You consent to VodaMedia processing and profiling the supplied data set with the purposes of completing the delivered campaign based on agreed market order.
5. The personal information you provide on your audience base is true and accurate and that Vodacom shall not be held liable for any loss that you may suffer as a result of you providing information that is not true or accurate. You hereby indemnify Vodacom against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this service and/or as a result of the incorrect information that you provided to Vodacom.

All SMS, MMS and RCS campaigns sent via VodaMedia:
The following additional terms and conditions apply to any SMS campaign sent via VodaMedia.

1. The system will apply SMS sending limits per hour and limits per day. The Consumer Protection Act, 2008 for sending SMS campaigns will apply. Therefore, no SMS campaigns will be sent on Sundays, Saturdays before 09:00 and after 13:00, public holidays and between 20:00 and 08:00 on other days.
2. The VodaMedia team must approve all campaigns, message content and test links. A message may be rejected because of content or any other reason as provided.
3. The VodaMedia team responsible for reviewing your campaigns is only available during business hours, and weekdays.
4. A VodaMedia report will be generated for SMS campaigns sent. The report will be deemed sufficient proof of delivery.
5. If changes to SMS campaigns are required, you will need to cancel the campaign and rebook the campaign.
6. All SMS campaigns must include an opt-out message that will be included as part of your campaign as required by law. The opt-out message that will automatically be included after every message is: "OPTOUT? SMS STOP to 30191".

1. You must ensure any advert data collected, received, or derived from VodaMedia is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any VodaMedia advertising data or any other information obtained from us, limit their use of all that information, and keep it confidential and secure.
2. You cannot use VodaMedia advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by VodaMedia and our partners) and only to assess the performance and effectiveness of your VodaMedia advertising campaigns.
3. You cannot use VodaMedia advertising data, including the targeting criteria for your advert, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer, or device.
4. You cannot transfer any VodaMedia advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

1. These Terms and Conditions will apply from the date that you register your account with VodaMedia. Any advertising booked or purchased shall endure until the end date of the campaign.
2. If you wish to terminate the use of VodaMedia, please ensure that your account is paid up in full and logout.  Your account will be deactivated, and you will need to register again if you wish to run campaigns in the future.

1. If you wish to deregister your account, please email our support team via Vodamedia@vodacom.co.za

The booking of your advertising is subject to availability on the Channels. If availability is limited the VodaMedia operations team will extend the campaign period until such time that the full advertising campaign has been served. The VodaMedia operations team and the Channel partners cannot be held responsible for any advertisements not placed as set out on the order form and/or any changes in the placement of advertisements.

There is no guarantee that the times and dates of delivery for the Advertising campaign will be adhered to 100%; or all the intended Subscribers will receive the Advertising Campaign, but VodaMedia will use commercially reasonable endeavours to fulfil the requirements as set out in your campaign ordered.

VodaMedia cannot be held liable nor do we guarantee 100% uptime of all our channels due to upgrades, maintenance or hosting without notice or compensation.

VodaMedia reserves the right to:

 

1. Serve any advertising on any of our Channels available to us, including (without being limited to) advertising relating to competing products and/or services.
2. Change the format, layout and/or look-and-feel of our channels.
3. Include any link in the pages within Channels that we, in our sole discretion, deem appropriate.
4. Reject any advertisements that are, in our sole discretion improper, immoral, unlawful, in contravention of any applicable regulation (including but not limited to regulations passed by any relevant advertising authority), inappropriate for VodaMedia Channel audience, or in conflict with VodaMedia business interests. The advert will be removed once detected and you will be duly informed of such decision and allowed 48 hours to rectify the advertisement, failing which you will remain liable for the cost of total campaign value whilst VodaMedia and its partners will not be liable to serve any advertising on such campaign until the rectified material has been received.

1. The Advertising Policies apply to (1) adverts and commercial content served by or purchased through VodaMedia, on or off the VodaMedia services, including ads purchased under AAAA/IAB Standard Terms and Conditions, (2) adverts appearing within apps, and (3) adverts on any other online channels and may be subject to additional terms or guidelines.
2. You as the advertiser are responsible for understanding and complying with all applicable laws and regulations applicable to your campaign. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.
3. We do not use sensitive personal data for ad targeting. Topics you choose for targeting your ad do not reflect the personal beliefs, characteristics or values of the people who use VodaMedia Channels.
4. For policies that require prior written permission, VodaMedia may grant these permissions.
5. These policies are subject to change at any time without notice.

1. You hereby grant to VodaMedia a worldwide, royalty free license to use the advertisement, your name, trademark, logo, brand name and/or domain name to the extent necessary to give effect to the provisions of this agreement.
2. You hereby warrant that you are, and at all relevant times will be, the lawful owner of the copyright of the advertisement and all the material and content provided by you to VodaMedia for the purposes hereof and hereby irrevocably and unconditionally indemnify VodaMedia and agree to hold VodaMedia and our partners harmless against any claim made by any person, howsoever arising from any infringement of copyright and/or infringement of any other intellectual property rights or other third party rights by the advertisements and/or any other material provided by you to VodaMedia.
3. The parties agree that, except where specifically provided otherwise in these Terms and Conditions, no party shall obtain any rights of whatsoever nature in or to the intellectual property rights of the other party and that any intellectual property rights developed during the term of this agreement by VodaMedia or by the parties acting jointly, shall vest exclusively in VodaMedia.
4. You will not be entitled to use any of VodaMedia products trademarks, logos, brand names, domain names or other marks without VodaMedia or Vodacom’s prior written approval.

1. You acknowledge that VodaMedia and our partners have no knowledge of, nor in any way contributes to, any other content provided to Vodacom via VodaMedia and that certain kinds of advertisements, content and conduct may be offensive, unlawful, in breach of codes of conduct binding on VodaMedia, Vodacom, our partners, violations of legislation, violations of the common law generally or violations of the requirements or rules of any regulatory authority and that certain kinds of advertisements, content and conduct may cause harm to the name, goodwill and reputation of VodaMedia, Vodacom and our partners. You therefore agree that VodaMedia, Vodacom and our partners may, without derogating from any other rights that it may have, terminate this agreement with immediate effect and without notice to you, should VodaMedia, Vodacom, or our partners, in its discretion, believe your advertisement and/or any of the content accessible via link from the advertisement is offensive, unlawful, or harmful.
2. You agree that nothing that VodaMedia does in the exercising of its rights or the performance of its obligations or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by VodaMedia for the advertisement and/or the content accessible via a link from the advertisement and/or the conduct carried on the VodaMedia Channels accessible via a link from the advertisement.
3. You hereby warrant to and in favour of VodaMedia that the performance by VodaMedia of its obligations will not result in the breach of any applicable law or any third-party rights and you hereby irrevocably and unconditionally indemnify VodaMedia and agree to hold VodaMedia harmless from and against any loss, costs, damages and/or claims suffered or incurred by or instituted against VodaMedia because of a breach of this warranty. The VodaMedia advertising campaigns will not breach the rights, including Intellectual Property Rights, of any third party
4.  Nothing herein or that VodaMedia does in performance of its obligations in terms hereof, shall be interpreted to give you any form of entitlement in respect of any VodaMedia Channels, other than as provided for herein.
5. Notwithstanding any other provision under these Terms and Conditions, neither party shall be liable to the other party for any indirect and/or consequential damages directly or indirectly resulting from (relating to) this agreement in any manner whatsoever.

Any VodaMedia Vouchers, discounts, advert coupons or promo codes are a form of ad credit that are used and managed by VodaMedia and/or our partners. 

By activating, depositing, transferring, receiving, using a coupon, voucher, discount, or promo code you agree to be bound by these additional terms and conditions and/or the terms in the email or other notification sent to you with your coupon or discount (together the “Advert Coupon Terms”).

The issuance and use of coupons, voucher, discount, or promo code is also subject to all applicable VodaMedia terms, policies and procedures including eziADS Terms and Conditions, and Advertising Policies.

If you do not agree to any aspect of the Advert Coupon Terms or VodaMedia Terms and Conditions you must not use coupons, voucher, discount, or promo codes.

1. Your account(s) must be in good standing with VodaMedia to use a coupon, voucher, discount, or promo code. VodaMedia is solely responsible for determining whether your account is in good standing, and its decision in this regard is final.
2. Coupons, vouchers, discounts, and promo codes have no cash value. No refund, cash, or any other substitute will be provided if all or some of the coupon, vouchers, discounts, or promo codes amount is not redeemed before the applicable expiration date.
3. A coupon, voucher, discount, or promo code may not be used to fulfil outstanding debts or fees. You cannot sell or transfer a coupon, voucher, discount or promo code or any portion thereof without the written consent of VodaMedia.
4. A coupon, voucher, discount, or promo code will not be replaced if lost, stolen, or otherwise rendered irredeemable.
5. If you suspect that a coupon, voucher, discount, or promo code is being used without your permission or in breach of the Advert Coupon Terms or the VodaMedia Terms and Conditions, you agree to notify us immediately, so that we may take action to prevent financial loss.
6. A coupon, voucher, discount, or promo code may be redeemed only once. Coupon redemptions are final and are subject to review and verification by VodaMedia.
7. A coupon, voucher, discount or promo code cannot be used and is void where: (i) it is not obtained from VodaMedia or a third party expressly authorized by VodaMedia to distribute a coupon, voucher, discount or promo code; (ii) any part of the coupon, voucher, discount or promo code is transferred, resold, counterfeit, altered, defective, tampered with or irregular in any way; (iii) it is obtained through theft, fraud, deception or unlawful means; (iv) it is used by someone other than the intended recipient; or (v) other restrictions render it unusable or invalid.
8. Coupons, vouchers, discount, and promo codes may be subject to and include applicable taxes and levies, including without limitation withholding taxes. You are responsible for bearing and remitting any taxes that apply to the coupons. You will indemnify and hold VodaMedia harmless from and against any claim arising out of your failure to do so.
9. VodaMedia reserves the right to charge you for advertising paid with coupons, vouchers, discounts, or promo codes that do not comply with the Advert Coupon Terms or VodaMedia Terms. If you breach the Advert Coupon Terms or VodaMedia Terms and Conditions, you agree that you will pay for the value or cost of the coupon, voucher, discount, or promo code as well as any attorney fees resulting from your breach. You agree to resolve any disputes related to the use of coupons, vouchers, discounts, or promo codes in accordance with these Terms and Conditions.
10. VodaMedia may amend, suspend, or terminate coupons at any time without prior notice or consent.
11. Any questions or issues relating to coupons, vouchers, discounts, or promo codes will be determined at VodaMedia’ s sole discretion and its decisions in this regard are final and binding.
12. You must not use a coupon, voucher, discount, or promo code in any way that would violate applicable laws, including in a manner that would constitute bribery, an illegal kickback, an illegal campaign contribution, or any other violation of applicable anti-corruption, political activity, or other laws.
13. Coupons, vouchers, discounts, and promo codes cannot be used for adverts that would be classified as “adverts about social issues, elections or politics”. In certain situations, VodaMedia may offer an approval process through which VodaMedia may grant approval for such ads on a case-by-case basis.
14. Coupons, vouchers, discounts, and promo codes cannot be used for any of the SMS channels.
15. If you are a government or political entity or official and you have received VodaMedia’s express permission to use a coupon, voucher, discount, or promo code then you represent and warrant that your receipt and use of coupon, voucher, discount, or promo code follows all rules and regulations applicable to your entity or organization governing the acceptance of things of value. A government entity includes, but is not limited to, government agencies at any level, businesses owned or controlled by a government entity or official, and public international organizations (such as the United Nations or the World Health Organization). A government official includes any officials, employees, and anyone else who acts in an official capacity on behalf of any of the above, as well as their family members. A political entity or official means political parties, campaigns, and candidates, including any officials, employees, and anyone else who acts in an official capacity on their behalf, as well as their family members.
16. VodaMedia may update or amend the coupon, voucher, discount, or promo code Terms at any time without prior notice to you.
17. Use of coupons, vouchers, discounts or promo codes are part of “VodaMedia” under VodaMedia, Vodacom and its partners’ Terms of Service, and your use of these coupons, vouchers, discounts or promo codes is deemed part of your use of, and actions on, the VodaMedia as defined therein. These coupon, voucher, discount, or promo code Terms do not replace any terms applicable to your purchase of advertising inventory from VodaMedia, and such terms will continue to apply to your ad campaigns for which you are using coupon, voucher, discount, or promo codes. In the event of any conflict between such terms, these Ad Coupon, Voucher, Discount or Promo Code Terms or the Terms of Service, these coupon Terms will govern solely with respect to your use of coupon, voucher, discount, or promo code, and solely to the extent of the conflict. VodaMedia and its partners reserves the right to monitor or audit your compliance with applicable terms and to update them from time to time, and your use of a coupon, voucher, discount, or promo code constitutes acceptance of those changes.

These terms and conditions will be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African Courts. Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

Any amended terms and conditions published in any media, or on the VodaMedia website will form part of the terms and conditions of the Service, to which terms you agree to be bound.