TERMS AND CONDITIONS OF SERVICE

1. Legal Notice

Mobile Software Digital Services (hereinafter, the “Company”), as owner of https://cloudplay.mtn.co.za/ (hereinafter the “Website” or the “Portal”), hereby provides the following information:

Company name: Mobile Software Digital Services S.L.

TIN: B87765194

Registration: RM Madrid T:35743 F:85 S:8 P:M 642331

Registered office: Calle Ulises, 16 - planta 8, 28043, Madrid, España

Contact email: support@cloudplay.co.za

2. Intellectual and industrial property

The Portal, its source code and design, the Services provided by the Company, all digital contents, images and videos, and all distinctive signs, as well as any other content that may be subject to protection are fully protected by intellectual and industrial property rights owned by the Company or third parties. It is, therefore, prohibited, without limitation, to disseminate, copy, reproduce, communicate, disclose, distribute, market, or use any of the foregoing, in their entirety or in part, for marketing purposes, unless the prior, express consent of the Company has been obtained.

For any notices or information regarding intellectual or industrial property issues, please contact the Company at: legal@cloudplay.co.za

3. Access to the Service

The Company offers a digital entertainment content delivery service for users with compatible devices under a subscription and pay-as-you-go model.

MTN CloudPlay ZA. A complete service aimed for the South African cloud gamer (hereinafter, the “Service/s”).

Once the subscription process to the Service is completed, the user is granted unlimited access through the Portal to all the digital content offered by the Company which may be updated periodically at the discretion of said Company.

The subscription amount will be reflected on the bill from the mobile operator if the subscriber has a postpaid contract.

Access to the Service requires an internet connection and subscribers may incur an additional cost depending on their agreed rates with their mobile operator. In addition, subscribers need a compatible device and the latest software version to log on to the Service. Information on compatibility is provided under Point 7.

The user can download the terms of this contract in a durable medium in digital or printed format. In any case, the terms are public and permanently accessible on the Portal.

4. User and Subscriber Status

The user is the person accessing, browsing or using the Portal or accessing the Service with the subscriber’s consent. The user may or may not be the same person as the subscriber.

The Service subscriber is the owner of the telephone line and number with a valid postpaid or prepaid contract with a mobile operator. The subscriber may or may not be the same person as the user.

5. Tariffs

The Service tariffs, including VAT:

R79 per month

6. Special terms for mobile operators

MTN CloudPlay ZA is a subscription with automatic renewal. Once the user has subscribed, they have unlimited access to all content on the Portal.

According to the content, the Subscriber can enjoy it by downloading the content to their device or by streaming.

Users who access the Portal via a mobile network (3G, 4G, 5G) connection from their mobile: https://cloudplay.mtn.co.za/

Users who access the Portal via WIFI connection from their mobile or PC, can log in with their credentials sent via SMS.

MTN: R79/Monthly

MTN PLAY USERS:

How does the Service & Promotion work?

The customer may also make use of the MTN Play Mobile site or app https://mtnapp.mtn.co.za/webaxn?67024025 to unsubscribe to the service.

Unsubscribe request process:

To unsubscribe, follow the instructions on https://mtnapp.mtn.co.za/webaxn?67024025

OR use the USSD code, to unsubscribe dial:

Already subscribed users can login at any time at https://www.cloudplay.co.za/ to get access to all contents.

This service must only be used with the permission of the bill-payer and must only be used with the permission of a parent or a guardian, if underaged.

You agree that we may use your mobile telephone number to provide promotional messages in the future, marketing and publicity material to you or any other person using your mobile telephone number through mobile services. You acknowledge the promotional messages may include offers to purchase services for a fee, including services that may be charged at premium rates.

Please, make sure you keep your credentials SMS, as this message contains relevant information in order to give you access to our service.

When you subscribe to a bundle offer, you will have access to both services promoted for the price of the service. Once the subscription ends, no access to either service will be available.

MTN CloudPlay ZA must not be used:

  1. to intentionally engage in illegal conduct
  2. to knowingly create, store or disseminate any illegal content
  3. to knowingly infringe copyright
  4. to knowingly infringe any intellectual property rights, or
  5. to send spam or promote the sending of spam

Mobile Software Digital Services has the right to suspend or terminate the services of any customer who does not comply with these terms and conditions or any other related contractual obligations.

Mobile Software Digital Services has the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.

7. Compatibility of Services

Check below to see whether the offered content is compatible with your PC or device.

Games:

Compatible with Mac, PC, tablets and smartphones that use one of the following browsers: Chrome, Firefox, Safari.

We highly recommend using Chrome browser, and avoid VPN networks and firewalls, for getting the best experience.

Important! Some digital content from this Service is not compatible with Windows Phone, Internet Explorer, iPhone versions before iPhone 5 and Android versions earlier than 4.4.

8. Notification services

The Portal has a free communications utility that consists of notifications being sent to the devices.

This utility can be cancelled at any time via the “Website settings” link available in the notification message itself, or via the settings menu that appears in the device’s configuration.

9. Refund policy

Customer Services Department will study each specific case, addressing the circumstances that form the subject of the complaint. In these cases, the user and/or subscriber will also be informed of any relevant valid refund policy implemented by the mobile operator.

10. Responsibility of Users and/or Subscribers

Users and/or Subscribers may not make use of the Service for commercial or other purposes not related to those defined in this contract.

Intellectual, industrial and/or analogous rights of third parties

In relation to all Services, Users and/or Subscribers generally agree to respect and comply with the regulations governing the use of the Services. Specifically, Users and/or Subscribers agree to respect all intellectual and industrial property rights, including the trademarks and other distinctive signs of third parties, as well as the image rights of third parties.

Users and/or Subscribers agree to solely use contents that they own, unless they have been authorized to use contents owned by third parties. In other words, Users and/or Subscribers agree not to use contents, such as photos, videos, and the like that they have not created themselves or that contain images they have not been specifically authorized to use. Users and/or Subscribers also agree not to use content whose rights belong to another person, if they have not been expressly authorized to use them, which authorization may have to be produced to the Company at any time upon request.

Use of Artificial Intelligence tools

In relation to the delivery of the Services, the Company has developed different AI tools using third-party software, and assigns the use of said tools to the User and/or Subscriber. Users and/or Subscribers are responsible for the use and utilization of the Services and the generation of any content.

Subscribers guarantee that the use of the Service will not violate any third-party rights and particularly agree to protect the right to honor, to personal and family privacy, and to one’s own image, any activity or the dissemination of contents violating such third-party rights being expressly prohibited.

Moreover, it is expressly prohibited to generate and disseminate information and contents that are discriminatory on the grounds of birth, race, sex, religion, opinion, or any other social condition; to disseminate inappropriate content, such as images or videos with sexual or violent content, inappropriate language, trends promoting negative values that may compromise health or lead to bad habits, or false, inaccurate, slanderous, or abusive information, particularly in relation to minors.

In this sense, Users and/or Subscribers are advised by the Company of the multiple negative effects that a minor may experience when accessing inappropriate content, according to studies carried out by the Supervisory Authorities, including, without limitation, the following:

Users and/or Subscribers are the sole party responsible for the consequences of any unlawful, unauthorized, or inappropriate use made of the digital contents.

In relation to the Service, Users and/or Subscribers expressly authorize the Company to provide the administrative authorities, law enforcement agencies and/or the courts with as much information and documentation as they may require.

Age requirements

Subscribers must be of age to purchase the Services. The owner of the telephone line through which the subscription is made agrees to assume any and all payments associated with the Service. In addition, Subscribers will ensure that minors using the Service have expressly received the Subscriber’s consent to use the Service.

11. Suspension of User and/or Subscriber accounts

The Company may temporarily suspend the account of a User and/or Subscriber who is in violation of these terms and conditions. The Company further reserves the right to terminate the contractual relationship as a result of any failure by the User to comply with these terms and conditions.

12. Liability of the Company

The company is responsible for providing the Services as established above. Any liability arising from acts of God and/or force majeure is excluded.

The company shall not be held liable for any losses or damages suffered by the User and/or Subscriber arising, either directly or indirectly, from any failure by the User to comply with the obligations under this contract.

Under the applicable laws, the company’s liability for damages shall be limited to the amount paid by the Subscriber for the contracted Services.

13. Contact. Customer Services Complaints

To get in touch with us, you can use the following email address support@cloudplay.co.za, or our customer services telephone number 135. You can also contact us by post at our postal address: Calle Ulises, 16 - planta 8, 28043, Madrid, España.

14. Jurisdiction and applicable legislation

The Company, with registered office at Calle Ulises, 16 - planta 8, 28043, Madrid, España, submits to the Courts and Tribunals of the Capital city of Madrid, without prejudice to the Jurisdiction that may have legal competence in each case. Disagreements, disputes or claims shall be governed by and interpreted in accordance with Spanish Legislation.

Mobile Software Digital Services 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. Mobile Software Digital Services 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: http://www.waspa.org.za.