Terms and Conditions
These Terms and Conditions are effective 01 NOV 2023
A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited ("MTN") and Smartcall Technology Solutions SA (Proprietary) Limited (“Smartcall”) together referred to as the ("Promoters") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoters may also have claims and other rights against you.
B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
C. Please read these Terms and Conditions carefully. Participation in this offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offer.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE CLAUSES 2,3,4 AND 5
1. Introduction
“WIN HTML GAMES” service is a kind of gaming service, where the user will get to play different categories of games. And he will experience the best graphics and artificial intelligence.Subscribed users can play the game for unlimited times for a subscription of R3-Daily/R10-Wekly/20Monthly.
2. Duration
The Service is available from 01 NOV 2023 until such a time as the Promoters in their sole and absolute discretion elect to discontinue the Service.
3. Who is Eligible?
3.1 Service is available to all MTN mobile customers (MTN Customers) with a valid MTN mobile number.
3.2 Players below the age of 10 years using this service, must do so with the permission of a parent or guardian (Player/s)
3.3 Charges will be applied to your mobile operator bill or be deducted from your prepaid balance until you cancel the service. You must verify that your mobile handset has messaging and mobile internet and is compatible with the HTML5 games. However, the user can play the game on a computer with a compatible browser and internet connectivity.
4. How does the Service work?
4.1 After successful subscription, subscriber will be redirected to the games portal, or they can access the games portal via a URL they receive in the welcome SMS. Subscriber can start playing the games, which is available on the portal. Every game has a game leader board. And a leader board, which will have information about the highest scorers of the games of that entire game portal. That will be the end of that game session and user will be redirected to the leaderboard screen where they will see their score and position on the leaderboard.
4.2 Subscriber can choose to play again as many times as they wish to, and the highest/best score achieved in a single game session will be displayed on the leaderboard.
5. Subscribing
5.1 Users may subscribe via the landing page:
http://za.winhtmlgames.com/
5.2 The subscription is valid for :
• One day at a rate of R3.00/ Day (Five Rand).
• One Week at a rate of R10.00 /Week (Ten Rand).
• One Month at a rate of R20.00/Month (twenty Rand).
6. Unsubscribing
6.1 Users may opt out of the Service STOP to 36628.
6.2 Customers will receive an SMS confirming that they have been unsubscribed from the service.
7. General
7.1 The Promoters are not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.
7.2 Charges will be applied to your mobile operator bill or be deducted from your prepaid balance until you cancel the service. You must verify that your mobile handset has messaging and mobile internet capability and is compatible with the HTML5 games. However, the user can play the game on a computer with a compatible browser and internet connectivity.
7.3 The Service begins immediately after the User signs up the subscription to the Service and will continue until the User requests to stop the Service. If the service is not cancelled the User will be charged for it. The service is without obligation and can be stopped at any time.
7.4 The Promoters, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries, and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or because of a person's participation in the Service and/or the terms and conditions of this Competition. Furthermore, you will be solely responsible for all products and services used by you. Accordingly, the Promoters takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons using the Service hereby expressly indemnify the Promoters in this regard and shall hold it harmless from all and any claims arising from or because of the above reasons.
7.5 The Promoters reserves the right, at any time, to change these Terms and Conditions and any rules relating to their products and the Service, and to modify the Services at their discretion.
7.6 The Promoters reserves the right at any time to modify, suspend or discontinue the Service, without notice, without liability to you or any third party. The Promoters will under no circumstance be liable to you for any error, delay, failure, or non-availability of the Service, and you indemnify the Promoter against any damage or loss you may sustain because of possession and/or use of the SIM card, MTN network services, or any error, delay, failure, or non-availability of the service.
7.7 The Promoters reserves the right from time to time to vary the charges of the Service as may be deemed necessary in its discretion.
7.8 The Promoters shall be entitled to terminate the Service of any Customer, if such Customer is involved in any fraudulent activity or suspected fraudulent activity.
8. Our Details
8.1 Smartcall Technology Solutions 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. Smartcall Technology Solutions may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za
8.2 Smartcall Technology Solutions is a subscription services charged at R3/day, R10/Week &R20/Month. By using the service you agree that you have the bill payer’s permission. Compatible handsets only. To unsubscribe dial *123#. For help call 135. By using the service, you agree to receive promotional material relating to this and similar services.
8.3 Game Neeti Technology Private Limited has a unique understanding of the digital games space and has developed a strong portfolio of over 500+ high-quality mobile games. The company develops, publishes and distributes highly engaging games to the world. We work on variety of technologies ranging from the latest HTML5 to JAVA, ANDROID, WINDOWS, iPHONE. We are a team of experienced, qualified, skilled and most importantly dedicated professionals, all with thorough knowledge and deep understanding of their technical expertise.
The company has the ability to develop and communicate a compelling picture of the future that inspires and motivates others to take action. In this way, we will work to achieve our vision, “Future Comes Alive...
9. How to contact us
Your feedback matters to us. Should you have any queries, contact the helpline as supplied in the confirmation message sent to you upon successful subscription, by dialing 135 and follow the prompts. Please ensure that all queries are directed to the indicated helpline number and/or channel as updated from time to time. No emails, messages or texts sent to any other contact number/s of either of the Promoters shall be open for queries. Accordingly, no queries shall be responded to unless directed to the indicated helpline numbers.