Terms and Conditions
Wezwa’s Terms and Conditions and Wezwa’s Privacy Policy can be viewed below:

Note: To access all of Wezwa’s legal documentation, which includes our Terms and Conditions, Privacy Policy, Copyright Notice, and Wezwa’s Measures for Child Protection, follow this link: wezwa.com/info/legal
By registering for Wezwa and/ or its services you accept the following Terms and Conditions of Use and the Privacy Policy below:

Wezwa Terms and Conditions of Use
[last updated 15/08/2012]

Wezwa is an internet site that allows Users to interact and make social connections through conversations about media content, as well as have access to exclusive content from media properties.

Please read these Terms and Conditions carefully before making use of the Wezwa Site or any of our Services. You will be subjected to the Terms and Conditions in force at the time that you use the Wezwa Site. For the avoidance of doubt, the Terms and Conditions available on the Wezwa Site each time you use the Wezwa Site or any of our Services shall govern the relevant session.

By using the Wezwa Site, by registering as a User or creating a Profile on the Wezwa Site, by participating in any of the conversations on the Wezwa Site and/or Services, by accessing and using any of the Services, and/or by submitting personal information to Wezwa, you agree to, and are bound by, these Terms and Conditions and Wezwa’s Privacy Policy. If you do not agree with these Terms and Conditions or with the Privacy Policy, you may not use the Wezwa Site, nor may you create a Profile or participate in any of the conversations.


1. Definitions
In these Terms and Conditions, the following definitions shall apply:

1.1 “Advertisers” means all advertisers permitted by Wezwa or by its business partners, in writing, to publish advertisements on the Wezwa Site;

1.2 “Content” means various forms of material supported by the Wezwa Site from time to time, including but not limited to, text-based content, rich media content and digital content such as images, sound clips and video clips;

1.3 “Intellectual Property” means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including, without limitation, patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

1.4 “My List Contacts” means the people you have added to your list of personal contacts;

1.5 “Password” means your personal identification word that serves as your password to access the Wezwa Site and the Services;

1.6 “personal information” means that information which relates to an identifiable person and which is collected and processed when you use the Wezwa Site and/or Services, including:

  1.6.1 your name, email address, region and/or province of residence, street address (if provided), postal code (if provided), cellular telephone number, age, gender, language preferences, user names and passwords, consents, preferences and feedback;

  1.6.2 your Internet Protocol (IP) address; and

  1.6.3 your history of using the Wezwa Site and/or Services, including your access times, the website you linked from, pages you visit, the links you use, the content you viewed, and other such information provided to Wezwa by your browser;

1.7 “post” means the electronic transfer of information or data by you to the Wezwa Site or the Services;

1.8 “Profile” means the account you create with Wezwa to enable you to use the Wezwa Site and the Services;

1.9 “Privacy Policy” means the Wezwa Privacy Policy which must be read as forming part of these Terms and Conditions;

1.10 “Services” means the services provided by Wezwa from time to time, via the Wezwa Site, which includes but is in no way limited to conversation forums, text-based messages from Wezwa Clients within conversation forums; adding and removing of other Users onto and off of your My List Contacts, the creation and updating of your Profile, the ability to communicate directly with other Users that you have added and that have added you via direct messages, the ability to participate in exclusive polls and/or competitions, the ability to access exclusive digital content provided by Wezwa Clients and Show Guide updates such as teasers and character Profiles, and the ability to access exclusive information about Wezwa Clients’ entertainment line-up, offerings, fixtures, or content updates;

1.11 “Terms and Conditions” means these terms and conditions of use, which regulate your use of the Wezwa Site and the Services;

1.12 “Users” means all users of the Wezwa Site and the Services;

1.13 “User Name” means the name by which you shall be known when using the Wezwa Site;

1.14 “Wezwa” means Wezwa (Pty) Ltd (Registration No. 2011/144699/07), the controller of your personal information;

1.15 “Wezwa Clients” means business partners of Wezwa, and includes third party content providers who have contracted with, and supply Content to, Wezwa; and

1.16 “Wezwa Site” means any of Wezwa’s internet sites and/or applications and widgets, regardless of the type of device used to access a Wezwa Site. The Wezwa Site includes but is not limited to wezwa.mobi, wezwa.com, wezwa.co.za, and wezwa.tv.

2. Application

2.1 Your use of the Wezwa Site and/or Services must at all times be in compliance with these Terms and Conditions.

2.2 These Terms and Conditions are subject to change at any time with or without notice, unless the Terms and Conditions are changed in a material, adverse way, in which case Wezwa will post a notice advising of such change at the beginning of these Terms and Conditions and on the Wezwa Site’s home page for a period of 30 days.

2.3 You accept that any changes to the Terms and Conditions will be binding on you, and that your use of the Wezwa Site and/or Services will at all times be subject to the Terms and Conditions that are in force at the time that you use the Wezwa Site and/or Services. For the avoidance of doubt, the Terms and Conditions available on the Wezwa Site each time you use the Wezwa Site or any of our Services shall govern the relevant session. Your continued use of the Wezwa Site and/or Service after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions.

2.4 It is your responsibility to re-visit these Terms and Conditions from time to time to learn of any such changes to the terms and conditions of use. The latest version of the Terms and Conditions is available at www.wezwa.com/haveyouheard/legal/terms-conditions/

2.5 A certificate signed by an administrator in the employ of Wezwa shall be prima facie proof of the date of publication and contents of any version of any applicable terms.

2.6 It is hereby recorded that section 44 of Electronic Communications and Transactions Act 25 of 2002 does not apply to the Services.

3. Who may use the Wezwa Site and/or Services?

3.1 Unless otherwise specified, the Wezwa Site and/or Services are intended for your personal, non-commercial and lawful use only.

3.2 The Wezwa Site and/or Services are not intended for persons under the age of 18, and Wezwa does not knowingly collect personally identifiable information from Users under the age of 18 without the consent of their parents or guardians.

3.3 If you are younger than 18 years of age, you agree to inform your parents or guardians that you have registered for and are using the Wezwa Site and/or Services and to obtain their consent to such registration and use, and, upon request from Wezwa, shall provide reasonable proof that you have complied with this prerequisite for access to the Wezwa Site and/or the Services.

3.4 Wezwa reserves the right to place an age restriction on the Wezwa Site and/or the Services at any time.

3.5 Corporate entities, including organisations, companies, business and other entities with legal personality, may not use the Wezwa Site and/or the Services without the prior written consent of Wezwa or Wezwa Clients.

4. Use of the Wezwa Site and/or Services

4.1 To participate in the Services, you will have to register online via the Wezwa Site. By registering via the Wezwa Site, you automatically register for the use of any of our Services, and for any services managed by Wezwa Clients.

4.2 By registering, you understand that you are entering into an electronic transaction, you warrant that you have the legal capacity to enter into such transaction, or you have obtained the necessary legal consent to enter into such transaction, and you consent to the Terms and Conditions.

4.3 When you register on the Wezwa Site, you will be required to create a User Name by which you would like to login and be known on the Wezwa Site, and you will also be required to create a Password for access to your Profile.

4.4 You undertake that any and all personal information you submit to Wezwa to create your Profile is true, correct and accurate. You further confirm that you are the legitimate owner of all the personal information submitted to Wezwa including, but not limited to, your full name, your cell phone number, your other contact details and your date of birth.

4.5 Wezwa accepts that you may wish to create an anonymous User Name for your Profile which ensures that other Users will not be able to access your real name. While you may create such an anonymous User Name, the personal details that you provide to Wezwa when creating a Profile, including your real name, must be accurate. Wezwa will take all reasonable steps to ensure the privacy of your real name in these circumstances.

4.6 You understand and accept that some of your personal information, including but not limited to your User Name, the number of people that you have added, the number of people who have added you, a self-created short description of yourself, your gender, your region or province of residence, your favourite shows, your favourite characters or talent, and your latest activity on Wezwa will be publicly accessible to other Users on the Wezwa Site, unless you have opted to hide your Profile from other Users by clicking the Privacy Setting option located on your Edit Profile page. By selecting this Privacy Setting you will hide your profile from other Users, and will be prevented from adding others and participating in conversations. You will still be able to observe conversations and access content provided by Wezwa, Wezwa Clients and/or Advertisers.

4.7 You undertake to provide Wezwa with written notification to support@wezwa.com should any of your personal information, required during the registration process, change. Alternatively you may modify your Profile by accessing the Edit Profile page.

4.8 You understand that it is your responsibility to ensure the secrecy of your login details, including your User Name and Password. You also agree that you are responsible for ensuring the security of your mobile device, or any other device used to access the Wezwa Site and the Services.

4.9 Any activity on the Wezwa Site or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally. You agree to notify Wezwa immediately, in writing, at support@wezwa.com when you become aware of any unauthorised use of your Profile or other breach of security or attempted breach of security.

4.10 Once registered, you may access Content, take part in conversations and make use of the broader social functions of the Wezwa Site and/or the Services. You undertake to ensure that you are the legitimate owner of, or that you have obtained the necessary licence or permission in respect of, any Content that you post onto the Wezwa Site and/or Services.

4.11 You agree that you may receive marketing communications and advertisements from Wezwa and from Wezwa Clients, including third party advertisers, via the Wezwa Site or other Services, by sms, or to your email address, at the discretion of Wezwa only where it is deemed that the use of your personal information for that purpose is likely to provide a real benefit to you. In no way whatsoever will Wezwa allow third parties to use your information for spam purposes. You may opt-out of receiving such communications by clicking the “opt out” option located on your Edit Profile page. After having selected this option you will still have access to all services provided by Wezwa and/or Wezwa Clients.

4.12 You agree that Wezwa may communicate with you and/or send you informational messages via the Wezwa Site or other Services, by sms or to your email address from time to time. You may opt-out of receiving such communications by clicking the “opt out” Privacy Setting option located on your Edit Profile page. If you do so, you will still have access to all services provided by Wezwa and/or Wezwa Clients.

4.13 You are hereby notified that, if you have provided Wezwa with any incorrect or fraudulent information regarding your age or date of birth, you may receive inappropriate or adult advertising and/or content. You agree to accept full responsibility for your actions in this regard and indemnify Wezwa against any claims and/or damages Wezwa may incur as a result.

4.14 If you have not logged in to your Profile for a period of 6 months, Wezwa may suspend and delete your Profile without prior notice.

4.15 In the event that you no longer wish to use the Wezwa Site and the Services, you may request Wezwa to archive your Profile upon providing acceptable proof of your ownership of the Profile in question, which will effectively deactivate your Profile and make it inaccessible.

5. Content

5.1 You may participate in conversations and post messages to a conversation forum via a share button available on the Wezwa Site. You agree that any Content posted by you on the Wezwa Site and/or any of the Services remains your sole responsibility.

5.2 Unless otherwise agreed in writing, by posting any Content to the Wezwa Site, you grant Wezwa and its affiliated companies a non-exclusive, royalty free, worldwide and perpetual licence to publish, use, sub-licence, distribute, amend, update and store the Content.

5.3 Wezwa has the right and the obligation, where required by law, to moderate the Services and to monitor postings to conversations and also has the right, but not the obligation, to exercise editorial control over any material available in the conversations, except where Services are managed by or on behalf of a Wezwa Client, in which case such Client has the right, but not the obligation, to exercise editorial control over any material available in the relevant conversations. In particular (but without detracting from the generality of Wezwa’s rights in this regard), to the extent that the Services constitute a “child-oriented service” for the purposes of section 24C of the Films and Publications Act 65 of 1996, Wezwa will moderate the Services and take reasonable steps to ensure that the Services are not used by any person for the purpose of committing of any offence against a child. Wezwa will report any behaviour which is indicative of the commission of an offence by any person against any child to the South African Police Service. For further information regarding the measures taken by Wezwa in compliance with section 24C of the Films and Publications Act 65 of 1996 to prevent the Services from being used by any person for the purpose of committing an offence against children, click on this link: adsrv.wezwa.com/info/legal/wezwas-measures-for-child-protection/

5.4 Wezwa has the right, but not the obligation, to appoint a moderator to manage any conversation and such person may withdraw permission given to you to participate in any conversation.

5.5 Wezwa reserves the right to remove, edit or amend any Content that was posted by you to a conversation which Wezwa, in its sole and absolute discretion, deems inappropriate or illegal, which contravenes these Terms and Conditions, or which is the subject of a complaint, without notice to you.

5.6 You may not use the Wezwa Site or Services to publish Content that:

 5.6.1 contains a visual presentation or a description of explicit sexual conduct, bestiality, incest, rape or extreme violence which constitutes incitement to cause harm;

 5.6.2 contains pornographic images;

 5.6.3 results in any unreasonable invasion of privacy;

 5.6.4 threatens, harasses, intimidates, defames or embarrasses any person;

 5.6.5 encourages or incites any person to engage in dangerous practices or to use harmful substances;

 5.6.6 induces or promotes racial disharmony;

 5.6.7 causes grave or widespread offence;

 5.6.8 is otherwise unacceptable, as determined in Wezwa’s sole and absolute discretion; or

 5.6.9 in any other way contravenes these Terms and Conditions, the Privacy Policy, or the Content Policy, accessible at adsrv.wezwa.com/info/legal/content-policy/

5.7 Any information or material placed online, including comments, statements and opinions, are the views and responsibility of those who post such Content and do not necessarily represent the views of Wezwa.

5.8 Due to the interactive nature of the Wezwa Site and the Services, you agree that Wezwa has no control over any Content or communication you receive from any of your My Lists Contacts or from any other User. You accordingly accept the risk that you may be exposed to unwanted, undesirable or offensive Content that contravenes these Terms and Conditions. You have the option to report any such Content, as well as any suspicious behaviour by any person in a conversation, to Wezwa as soon as possible after it is posted or noticed so that Wezwa can take appropriate action. There are two mechanisms available for reporting such conversation or suspicious behaviour. You can access the help section of Wezwa’s informational blog at www.wezwa.com/haveyouheard/help directly, or via a “help” link at the bottom of the Wezwa Home Page. There you can select an option to Report Another User. Instructions are then given on how to report a user, and you do so by leaving a comment on that page (anonymously if you wish). Your reporting of another user will remain hidden from the public. Alternatively you can at any time send an email (anonymously if you wish) to report@wezwa.com to report users of any suspicious behaviour. Reporting of suspicious behaviour via email to Wezwa will also be hidden from the public.

6. Unauthorised Conduct

6.1 You expressly agree not to use the Wezwa Site and/or Services to operate any commercial activities or to promote any products or services or to send or post unsolicited commercial communications, other than as expressly authorised by Wezwa in writing.

6.2 You may not use brand names or trademarks as your User Name. Wezwa reserves the right, using its reasonable discretion and only when deemed absolutely necessary, to take over any Wezwa User Names at any time, without any compensation, should it require such User Name for any reasons whatsoever, including if Wezwa was requested to do so by the owner of the brand name or trade market. In such event, Wezwa will notify you if it requires the User Name in question and will move your Profile to a mutually agreed replacement User Name.

6.3 You may not monitor, intercept or modify any private communication that is not addressed to you or to your Profile nor may you access or modify any personal information belonging to a third party.

6.4 You may not impersonate any other User or any other person, and you may not use another person’s User Name or Password to access or use his or her Profile. Similarly, you may not give your Wezwa login credentials to anyone else to log on to your Profile or to access the Services using your Profile.

6.5 You may not use or distribute the images taken by and/or belonging to any other person via the Wezwa Site in any manner without such person’s consent, nor may you resell any Content, which you accessed on the Wezwa Site, to any third party.

6.6 You may not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the Wezwa Site or Services.

6.7 Other than as authorised by Wezwa in writing or through the use of bona fide search engines, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including but not limited to any web spiders, crawlers or similar technologies.

6.8 It is a criminal offence to gain unauthorised access to any restricted area of the Wezwa Site or to otherwise interfere with the proper functioning of the Wezwa Site.

7. Privacy

As the privacy of your personal information is of great importance to Wezwa, we have drafted a separate Privacy Policy to address all your privacy concerns. The Privacy Policy must be read as forming part of these Terms and Conditions.

8. Intellectual Property

8.1 The Wezwa Site consists of software and content (including images, text, animation, photographs, videos, graphics, music, sound and voice) that is the intellectual property of Wezwa.

8.2 All other intellectual property and content not owned by Wezwa that appears on the Wezwa Site and/or Services is the property of the respective third party clients and/or owners. All intellectual property rights specifically related to and owned by Wezwa’s clients, save for source codes and or any proven copyright that may vest with Wezwa, shall vest with the client or its successors-in-title for the life of the Intellectual Property and any extensions or renewals thereof for all media now known and hereinafter devised or invented, throughout the universe. Copyright in content developed by Wezwa’s clients at their own cost for exploitation through the Sites shall vest with client.

8.3 The software and content may not be used in violation of the intellectual property rights of Wezwa and/or such third parties.

8.4 The trade marks “Wezwa” and the Wezwa logo are registered trademarks of Wezwa and may not be used in any manner without Wezwa’s prior written permission.

8.5 Without limitation on the prohibitions placed on Users, you expressly agree not to:

8.5.1 commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Content obtained from the Wezwa Site and/or Services without the prior written approval of Wezwa, or in the case of third party content, the owner of that content;

8.5.2 claim or convey ownership of any Content on the Wezwa Site and/or Services either in its entirety or otherwise;

8.5.3 modify the Content on the Wezwa Site and/or Services for the purposes of reposting to other websites;

8.5.4 alter or remove any trademark or copyright from the Wezwa Site and/or Services;

8.5.5 copy or otherwise incorporate Content available on the Wezwa Site and/or Services into, or store in, other websites, electronic retrieval systems, publications or other works in any form; or

8.5.6 frame the Wezwa Site and/or Services or any part of the Wezwa Site and/or Services.

9. Availability of Services and Disclaimers

9.1 You understand, acknowledge and agree that your use of the Wezwa Site and Services is entirely at your own risk.

9.2 Wezwa does not warrant that you will always be able to communicate with your My List Contacts or participate in conversations or otherwise have access to the Services and the Content, including if you or your My List Contact’s mobile device does not have reception or if a telecommunications provider on whom you, your My List Contact or Wezwa rely to get the Services, is unavailable.

9.3 While Wezwa will make all reasonable attempts to ensure that the Wezwa Site and Services are always available and accessible and that your Content is uploaded, Wezwa does not provide any warranties or make any representations as to the speed of access that can be expected or that updates or posts will be uploaded or delivered. Wezwa further takes no responsibility for, and will not be liable for, the Wezwa Site being temporarily unavailable or inaccessible for reasons beyond the control of Wezwa.

9.4 You understand and accept that you cannot rely on the Wezwa Site and Services to send any emergency communications.

9.5 You understand that it is your responsibility to acquire and maintain the hardware and internet connectivity necessary to access the Wezwa Site and the Services and you are responsible for paying all fees that are due in respect of the hardware, mobile and Internet connectivity, and bandwidth consumed while accessing the Wezwa Site and Services.

9.6 Not all mobile devices will ensure access to the Wezwa Site and Services, and the capabilities of your mobile device may limit the availability of the Wezwa Site and Services on your mobile device.

9.7 Wezwa may suspend the Wezwa Site or Services for any reason, including repairs or upgrades to any of Wezwa’s systems. Wezwa, in its discretion, also reserves the right at any time to change or discontinue any features or other technical aspects of the Wezwa Site or the Services including, but not limited to: Content, hours of availability and equipment needed for access or use of the Wezwa Site.

9.8 Wezwa may suspend your Profile pending any investigation into a possible breach by you of the Terms and Conditions or of the Privacy Policy.

9.9 While Wezwa will endeavour to ensure that the information provided by it on the Wezwa Site is accurate and complete, Wezwa makes no warranty about the accuracy, reliability, completeness or timeliness of such information provided to you.

9.10 Where Wezwa provides third party Content, publishes advertisements or provides links to third party websites on the Internet as part of your use of the Wezwa Site or the Service, Wezwa does not:

9.10.1 warrant or represent that the third party Content or advertisements are suitable, accurate, correct, complete, reliable, appropriate or lawful; or

9.10.2 endorse the third party Content or advertisements.

9.11 Your correspondence or dealings with, or participation in promotions and/or competitions of advertisers through the Wezwa Site and/or Services, and any other such terms, conditions, warranties or representations, arise between you and the relevant advertisers. You agree that Wezwa shall not be liable for any loss or damage of any nature incurred as a result of any interactions between you and the advertisers, or as a result of the presence of such advertisers on the Wezwa Site and the Services.

9.12 WEZWA IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR SERVICES AVAILABLE FROM OR THROUGH THE WEZWA SITE OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATNG TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM: (I) THE ACCESS TO, USE OF, OR BROWSING OF THE WEZWA SITE; (II) DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEZWA SITE; AND/OR (III) VIRUSES, BUGS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

9.13 YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD WEZWA, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES RESULTING OUT OF YOUR USE OF THE WEZWA SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION:

  9.13.1 ANY HARM OR LOSS SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE WEZWA SITE AND/OR THE SERVICES;

  9.13.2 ANY VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY BY YOU; AND

  9.13.3 ANY CONTENT POSTED BY YOU.

10. Breach of the Terms and Conditions


10.1 If you are found or are believed to violate any of your obligations as described in these Terms and Conditions, as determined by Wezwa in its absolute and sole discretion, Wezwa may, without limiting or without prejudice to any other right, warranty or indemnity that may be granted to it under these Terms and Conditions, cancel any right, privilege or entitlement you may have hereunder immediately and without prior notice to you, suspend your access to the Service, remove any Content posted by you, and/or ban you for such period as Wezwa may deem appropriate from using the Services, and/or take such other steps as Wezwa may, in its sole and absolute discretion, deem reasonable under the circumstances.

10.2 If Wezwa terminates your Profile as provided for in these Terms and Conditions, you must immediately stop using the Wezwa Site and Services.

10.3 Unauthorised use of the Wezwa Site or the Services may give rise to Wezwa instituting a claim for damages against you and/or you may be found guilty of a statutory or criminal offence or you may be liable for civil damages.

11. Jurisdiction and Enforceability

11.1 The Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa.

11.2 In the event of any legal dispute or action being brought in connection with these Terms and Conditions, the parties agree that the High Court of South Africa, South Gauteng Division, shall have jurisdiction to hear any such disputes and each party hereby consents to such jurisdiction of the courts.

11.3 Without any restriction on your rights to pursue legal recourse in the forum of your choice, you agree that any dispute regarding these Terms and Conditions that cannot be resolved amicably shall, with your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court, and such arbitration shall be conducted in English in Johannesburg.

11.4 Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.

11.5 You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, that Wezwa may send such notices to your cellular telephone number or to your email address, as provided to Wezwa during your registration on the Wezwa Site.

11.6 Wezwa will accept legal service of documents at:

24 Ditton Avenue
Auckland Park
Johannesburg
South Africa, 2092


11.7 Wezwa’s website address is wezwa.com, wezwa.mobi, wezwa.tv, or wezwa.co.za and its informational blog is adsrv.wezwa.com/info Wezwa can be emailed at info@wezwa.com

12. General

12.1 You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without the prior written approval of Wezwa.

12.2 Wezwa shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of the agreement without your prior consent and without giving notice to you.

12.3 All rights not expressly granted to you in these Terms and Conditions shall remain in favour of Wezwa.

12.4 These Terms and Conditions, read together with the Privacy Policy and the Content Policy, constitute the whole agreement between you and Wezwa and, except to the extent otherwise provided in these Terms and Conditions, the Privacy Policy and the Content Policy, no undertaking, representation, term or condition relating to any subject matter covered in these Terms and Conditions, the Privacy Policy and the Content Policy, which is not expressly incorporated in these Terms and Conditions, the Privacy Policy and the Content Policy, shall be binding on any of the parties.

WEZWA PRIVACY POLICY: [last updated 15/08/2012]

Wezwa is committed to protecting your privacy and to complying with any applicable information protection legislation in South Africa. This Privacy Policy sets out how Wezwa processes your personal information.

By registering as a User on the Wezwa Site, by creating a Profile, by participating in any of the conversations on the Wezwa Site and/or Services, by accessing and using any of the Services, and/or by submitting personal information to Wezwa, you agree to the processing of your personal information as explained in this Privacy Policy. If you do not agree with this Privacy Policy or with Wezwa processing your personal information in the manner described in the Privacy Policy, please do not use the Wezwa Site and/or Services and please do not provide Wezwa with any of your personal information.

1. Definitions

The following definitions will apply to this Privacy Policy:

1.1 “Advertisers” means all advertisers permitted by Wezwa or by its business partners, in writing, to publish advertisements on the Wezwa Site;

1.2 “Content” means various forms of material supported by the Wezwa Site from time to time, including but not limited to, text-based content, rich media content and digital content such as images, sound clips and video clips, as well as advertisements and promotional competitions posted on the Wezwa Site by Wezwa Clients and/or Advertisers;

1.3 “My List Contacts” means the people you have added to your list of personal contacts;

1.4 “personal information” means information which relates to an identifiable person and which is collected and processed when you use the Wezwa Site and/or Services, including:

  1.4.1 your name, email address, region and/or province of residence, street address (if provided), postal code (if provided), cellular telephone number, age, gender, language preferences, user names and passwords, consents, preferences and feedback;

  1.4.2 your Internet Protocol (IP) address; and

  1.4.3 your history of using the Wezwa Site and/or Services, including your access times, the website you linked from, pages you visit, the links you use, the content you viewed, and other such information provided to Wezwa by your browser;

1.5 “Profile” means the account you create with Wezwa to enable you to use the Wezwa Site and the Services;

1.6 “Services” means the services provided by Wezwa from time to time, via the Wezwa Site, which includes but is in no way limited to conversation forums, text-based messages from Wezwa Clients within conversation forums; adding and removing of other Users onto and off of your My List Contacts, the creation and updating of your Profile, the ability to communicate directly with other Users that you have added and that have added you via direct messages, the ability to participate in exclusive polls and/or competitions, the ability to access exclusive digital content provided by Wezwa Clients and Show Guide updates such as teasers and character Profiles, and the ability to access exclusive information about Wezwa Clients’ entertainment line-up, offerings, fixtures, or content updates;

1.7 “Users” means all users of the Wezwa Site and/or Services;

1.8 “User Name” means the name by which you shall be known when using the Wezwa Site;

1.9 “Wezwa” means Wezwa (Pty) Ltd (Registration No. 2011/144699/07), the controller of your personal information;

1.10 “Wezwa Clients” means business partners of Wezwa, and includes third party content providers who have contracted with, and supply Content to, Wezwa; and

1.11 “Wezwa Site” means any of Wezwa’s internet sites and/or applications and widgets, regardless of the type of device used to access a Wezwa Site. The Wezwa Site includes but is not limited to wezwa.mobi, wezwa.com, wezwa.co.za, and wezwa.tv.

2. General Privacy Policy in respect of Users

2.1 Wezwa may process your personal information for the following purposes:

2.1.1 to provide you with access to the Wezwa Site and/or Services;

2.1.2 to communicate information to you including critical alerts and other notices relating to the Wezwa Site and/or Services, and to contact you for consumer-care related purposes;

2.1.3 to compile non-personally identifiable and/or aggregated statistics about use of the Wezwa Site and/or Services;

2.1.4 to develop and improve the Wezwa Site and/or Services, by, for example, comparing the personal information that Wezwa holds about you against the personal information collected by Wezwa in connection with your use of the Wezwa Site and/or Services; and

2.1.5 to personalise any marketing directed at you, including displaying Wezwa’s and/or Wezwa Clients’ content, and to, for example, make recommendations and display customised content and advertising on the Wezwa Site or via the Services.

2.2 The Wezwa Site and Services are typically intended for use by general audiences and are not intended for persons under the age of 18. Wezwa does not knowingly collect personally identifiable information from Users under the age of 18 without the consent of their parents or guardians. If you are under 18 years of age and you register for Wezwa, you undertake to inform your parents or guardians that you have registered for and are using Wezwa and / or its Services, and upon request will provide reasonable proof that you have informed your parents or guardians and that they have consented to such registration and use.

2.3 Privacy and security are key considerations in the creation and delivery of the Wezwa Site and Services, and Wezwa will take all reasonable steps to ensure that your personal information is stored securely.

2.4 Wezwa takes reasonable steps to ensure that the personal information that it processes is accurate and shall delete incorrect or unnecessary personal information. You agree to provide Wezwa with accurate personal information and to keep such information updated.

2.5 As the Wezwa Site allows you to manage your Profile, Wezwa encourages all Users to update their personal information from time to time to ensure that it is correct. Upon reasonable request, Wezwa will allow you to have access to the personal information stored by it that is not accessible on your Profile, and will allow you to update such information. It is your responsibility to ensure that the personal information that you have provided to Wezwa is up to date and correct.

2.6 Wezwa accepts that you may wish to create an anonymous User Name for your Profile which ensures that other Users will not be able to access your real name. While you may create such an anonymous User Name, the personal details that you provide to Wezwa when creating a Profile, including your real name, must be accurate. Wezwa will take all reasonable steps to ensure the privacy of your real name in these circumstances.

2.7 Should you request Wezwa to delete or to stop processing your personal information, Wezwa will not be able to continue to provide you with access to the Wezwa Site and/or Services. This request is broader than the opt-out option for marketing or promotional communications, which is discussed in clauses 3.5 and 3.6 below. Please note that Wezwa may need to identify you and ask for additional information in order to fulfil your request.

3. Disclosure of Personal Information

3.1 Wezwa will not sell, lease, rent or otherwise disclose your personal information to third parties unless otherwise stated below.

3.2 You are accordingly informed and, by accessing and using the Wezwa Site and/or Services, you agree to Wezwa monitoring and/or intercepting any communication that you have sent or received through your use of the Wezwa Site and/or Services.

3.3 You understand that Wezwa may not notify you in the event that Wezwa is required by law to monitor and/or intercept your communications and that, if required by law, Wezwa will disclose such communications together with your personal information to the relevant law enforcing authority.

3.4 Wezwa reserves the right to disclose aggregated information regarding its Users and usage of the Wezwa Site and/or Services (such as member demographics and traffic patterns) to, amongst others, Wezwa Clients and Advertisers, and you hereby expressly consent to such disclosure.

3.5 You agree and expressly consent to Wezwa using your information to contact you about promotions and competitions either via the Wezwa Site and/or Services, or by utilising any of your other contact details provided to Wezwa. However, you are entitled, at any stage, to opt out of this service by clicking the “opt out” option located on your Edit Profile page. This will prevent you from receiving marketing communications or information about promotional competitions. You will still have access to all services provided by Wezwa and/or Wezwa Clients.

3.6 You agree and expressly consent to Wezwa having the option of sharing your personal information with third parties, including Wezwa Clients and Advertisers, for marketing and promotional activities either via the Wezwa Site and/or Services, or by utilising any of your other contact details provided to Wezwa, but Wezwa will exercise its discretion to do so only if it believes that this is likely to provide a real benefit to you. In no way whatsoever will Wezwa allow third parties to use your information for spam purposes. You may unsubscribe from marketing and promotional messages and may request that Wezwa stops processing your personal information for direct marketing or market research purposes by clicking the “opt out” option located on your Edit Profile page. After having selected this option you will still have access to all services provided by Wezwa and/or Wezwa Clients.

3.7 To the extent that you choose to opt-out of receiving marketing and other communications from Wezwa, Wezwa Clients and/or Advertisers, you understand and accept that Wezwa may still send you critical alerts pertaining to the Wezwa Site and/or Services or contact you for these purposes.

3.8 Wezwa will only make your personal information available to third parties, including Wezwa Clients and Advertisers, in cases where a confidentiality agreement prohibits such third parties from disclosing the personal information.

3.9 Due to the nature of Internet connectivity, your communications may be transmitted through countries other than the country where you are located. As such, you understand and accept that Wezwa may transfer your personal information to countries other than the one in which you reside if it is deemed necessary or beneficial by Wezwa in the rendering of the Wezwa Site and/or Services. If such transfer is performed, Wezwa will only do so where a confidentiality agreement prohibits the disclosure of the personal information.

3.10 You agree that, unless communication over the Internet has been encrypted, it is not secure. Wezwa does not encrypt your communication and you agree that Wezwa is not responsible for any unauthorised access to your communications by way of interception or monitoring.

3.11 You understand and accept that some of your personal information, including but not limited to your User Name, the number of people that you have added, the number of people who have added you, a self-created short description of yourself, your gender, your region or province of residence, your favourite shows, your favourite characters or talent, and your latest activity on Wezwa will be publicly accessible to other Users on the Wezwa Site, unless you have opted to hide your Profile from others by clicking the Privacy Setting option located on your Edit Profile page. By selecting this Privacy Setting you will hide your profile from other users, and will be prevented from adding others and participating in conversations. You will still be able to observe conversations and access content provided by Wezwa, Wezwa Clients and/or Advertisers.

3.12 You agree not to disclose personal information such as your telephone number, street address, last name, e-mail address or other contact details so that it is publicly accessible to other Users or third parties. Wezwa is not responsible for any harm you may suffer resulting from your failure to comply with this undertaking.

4. The Use of Cookies

4.1 The Wezwa Site may make use of “cookies”. Cookies are small text files that are stored by your Internet browser on your internet-enabled device. Cookies are used to provide Wezwa with information about your preferences on the Wezwa Site so that Wezwa can provide you with better and more customised content and services when you return to the Wezwa Site.

4.2 The only personal information a cookie can contain is information you supply yourself and it cannot read information on your hard drive or information that is stored on your device. You can set your Internet browser to notify you when you are going to be sent a cookie, giving you the opportunity to decide whether or not to accept it.

5. Undertakings by Wezwa Clients, Advertisers and Users

5.1 All Wezwa Clients, Advertisers and Users are required to ensure compliance with this Privacy Policy at all times and, in particular, to the extent that the Wezwa Site and/or Services are used to access or use the personal information of any User in any way.

5.2 All Wezwa Clients, Advertisers and Users further undertake not to violate or infringe the privacy of any User in any manner through the Wezwa Site and/or Services or otherwise, and to comply with all applicable laws in this regard.

6. Indemnity

6.1 The Wezwa Site may contain links to Wezwa Clients’ or Advertisers’ websites and services that may have adopted their own privacy policies. Wezwa advises that you read the privacy policies of any such other websites or services. Wezwa is not responsible for any of the privacy practices of Wezwa Clients or Advertisers.

6.2 THE USER HEREBY INDEMNIFIES WEZWA FROM ANY AND ALL LIABILITY ARISING OUT OF WEZWA CLIENTS’, ADVERTISERS’ AND/OR USERS’ FAILURE TO ADHERE TO THE TERMS OF THIS PRIVACY POLICY, AS AMENDED FROM TIME TO TIME.

7. The Controller of the Personal Information

In matters connected with this Privacy Policy, you may contact Wezwa at:
support@wezwa.com
or via post at
P.O. Box 35288
Northcliff, 2115,
Johannesburg,
South Africa.

Alternatively you can reach us via Wezwa’s informational blog at adsrv.wezwa.com/info

8. Changes to this Privacy Policy

8.1 This Privacy Policy is subject to change at any time and Wezwa may change, modify or withdraw access to the Wezwa Site and/or Services at any time with or without notice, unless the Privacy Policy is changed in a material, adverse way, in which case Wezwa will post a notice advising of such change at the beginning of this Privacy Policy and on the Wezwa Site’s home page for 30 days.

8.2 You accept that any changes to the Privacy Policy will be binding on you, and that your use of the Wezwa Site and/or Services will at all times be subject to the Privacy Policy that is in force at the time that you use the Wezwa Site and/or Services. For the avoidance of doubt, the Privacy Policy available on the Wezwa Site each time you use the Wezwa Site or any of our Services shall govern the relevant session. Your continued use of the Wezwa Site and/or Service after the effective date of a change will amount to acceptance by you of the changed policy.

8.3 Wezwa recommends that you re-visit this Privacy Policy from time to time to learn of any such changes.
The latest version of the Privacy Policy is available at adsrv.wezwa.com/info/legal/privacy-policy/
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