GET IN TOUCH

VOOV COVER – COMPETITION RULES

  1. Promoter:

The promoter of the VOOV Cover Show (“Show”) is Tencent Africa Services Pty Ltd (a company incorporated in South Africa with registration number 2015/445517/07 ) (“us”, “we” or “our”).

  1. Rules:

These are the rules that govern the relationship between you and us when you participate in the Show. Note that there are additional terms that apply to your use of the VOOV App and your content that you post on the VOOV App. You can find these terms by tapping on the “VOOV Profile Icon” (bottom right hand corner) then tap on “settings” and “about”. Please follow the links to read those terms (which includes our “acceptable use” and “privacy policy” ) and which applies to all of your dealings with us.

  1. The Show:
    • The Show will start on Saturday, 20 April 2018 and run for an initial one month period until Monday, 28 May 2018 (“Show Period”).
    • The Show will also be broadcast live on Channel 196 on MultiChoice’s DStv platform each Monday during the Show Period, commencing on Monday, 23 April 2018 and ending on Monday, 28 May 2018 (“Live Broadcast Shows”). We’ll announce the time of each Monday’s Live Broadcast Show via the VOOV app and/or our VOOV social media platforms. The Live Broadcast Shows can be viewed on your television or other viewing device if you are a subscriber of any of the MultiChoice DStv packages.

 

  1. Who can participate:
    • All Show participants must be natural persons of at least 16 years of age who reside in the Republic of South Africa, provided that if you are not 18 years of age, you shall only be able to participate in the Show with your parent’s or guardian’s consent.
    • You may NOT participate in the Shows if you are a supplier of goods or services in connection with the Show, or if you are a director, member, partner, employee, agent of, or consultant to us or any other entity directly or indirectly controlling or controlled by us, or if you are any of the aforementioned persons’ spouse, life partner, parent, child, brother, sister or business partner.
    • Any person who is eligible to participate in the Show will be required to download the VOOV App on their mobile device (available on the Android App or Google Play store). No purchase or payment is required in respect of the download or use of the VOOV App.
  2. How to participate:
    • No purchase or payment is required to participate in the Show. Note that your standard telephone, internet, network and data charges will, however, apply.
    • To participate in the Show, you are required to complete each of the following steps:

 

  • open the VOOV app and tap on “VOOV icon” (bottom centre) and tap on “mini video”;
  • record a mini video of yourself singing and/or dancing to your very own new and original song or track (this can take any form of singing (eg acapella, rap, beat box etc) or dancing);
  • save and upload your mini video to the VOOV App always using the hashtag #VOOVCOVER;
  • once you’ve saved and uploaded your mini-video with #VOOVCOVER on the VOOV App, you will automatically stand the chance to win R1000 (one thousand Rand).

 

  • You can upload as many mini videos following the steps in 5.2 above as you like.
  • We’ll select our favourite videos each week which will then be played on the Live Broadcast Shows and from which mini video’s a winner will be selected.
  • It is very important that the song or track that you upload on your mini video as part of the Show is your very own work. Any song or track that you did not create yourself, or that is a recreation, adaption or reproduction in any way of a song and/or track that another person has copyright over, can result in serious liability to us and to you. Should you upload a song or track that is not your own original work, we will take down your mini video and you will automatically be withdrawn from the competition. Accordingly, you promise that (i) you are the only creator, author and owner of the song and/or track that you upload as part of your mini video; (ii) our use of your mini video will not infringe any intellectual property or other rights of any third party (eg trademarks, copyright, privacy rights). This means that if your mini video contain any underlying copyrights such as music, lyrics or other copyright material owned by any other person, you confirm that you have obtained all the necessary consents and approvals in writing; and (iii) your mini video is free from any right or claim by anyone under any contract.

 

  1. Prize:
    • A cash prize of R1000 (one thousand Rand) is up for grabs per Live Broadcast Show.
    • There will only be one winner per Live Broadcast Show selected by the Live Broadcast Show presenter in its sole discretion at the end of each Live Broadcast Show. The presenter’s decision will be final and no correspondence will be entered into with a participant other than the winner.
    • We’ll announce the winners at the end of each Live Show as well as on the VOOV App and/or on the VOOV social media platforms.
    • We’ll notify you if you’re a winner via a direct in-app message within the VOOV App (you can find your direct messages by tapping on the “VOOV Profile Icon” (bottom right hand corner), tap on “messages” – “system messages”.
    • Once we’ve sent the winner a direct in-app message the winner will have 24 hours to respond to the in-app message and provide us with his/her banking details so that we can pay the prize money to the winner via EFT. Should the winner fail to provide us with his/her banking details within 24 hours, the winner will forfeit his/her prize and we reserve to right to choose another winner.
    • We may require the winner(s) to provide us with additional information as we may reasonably require in order to determine the winner and to process and/or facilitate the winner’s acceptance of the prize. Should the winner fail to accept delivery of the prize, the winner will forfeit the prize. Banking details and proof of identity may be required to receive the prize. You may not win the prize if it is unlawful to give such prize to you and if you do win the prize under such circumstances, you will forfeit it.

 

  1. Marketing:

We may publish the name of the winner(s) in our advertising, promotional and/or marketing material relating to the Show (the nature and manner of which is to be determined within our sole discretion) for a period of 5 days following the announcement of the winner(s). The winner(s) may also be asked to participate in marketing activities, including by having his/her photograph taken and published in our marketing material (without any remuneration being due to the winner(s)), but he/she will be entitled to decline to participate in such marketing activities and/or to have his/her photograph published in marketing material.

  1. General:
    • All information relating to the Show which is broadcast on Channel 196, made available via in-app messages in the VOOV App, made available on VOOV social media or which is published in any other media or in any promotional material forms part of the terms and conditions of entry.
    • We, our associated companies, suppliers, contractors and sponsors assume no liability whatsoever for any direct or indirect loss or damage arising from a participant’s participation in the Show or for any loss or damage, howsoever arising, including without limitation, electronic communication errors or failures, technical hardware and software failures, lost, unavailable or delayed network connections or failed or incomplete electronic transmissions which may limit a participant’s ability to participate in the Show or any damage to a participants’ mobile or other device resulting from downloading the VOOV App.
    • You acknowledge and agree that you will not hold us liable if your network connection is slow and your mini video is not timeously uploaded prior to each week’s Live Broadcast Show.
    • We reserve the right, in our sole discretion, to change these rules (with or without notice to you), change the prize, suspend or cancel the Show for any reason. Any such amended rules will be made available voov.co.za.
    • By participating in the Show, you agree to all the Show rules set out above, without exception. A copy of these Show rules is made available at voov.co.za. We may, in our sole discretion, elect to disqualify any participant or winner from participating in the Show, if he or she fails to comply with any provision of the Show rules.

 

 

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VOOV AUCTIONS RULES AND TERMS AND CONDITIONS

  • introduction
    • IMPORTANT: These Auction Rules and Terms and Conditions (“T&Cs“) apply to your use of, and purchases made via, the VOOV Auctions within the VOOV App.  The VOOV App is owned and operated by Tencent Mobility Limited, a Hong Kong corporation with registration number 1711293.  The VOOV Auctions are owned and operated by Tencent Africa Services Proprietary Limited (a company incorporated in South Africa with registration number 2015/445517/07) (“Tencent“, “us” or “we“).  We have appointed Nikolay Karaush to conduct the VOOV Auctions on our behalf (“the Auctioneer“).  The Auctioneer’s physical address and contact details are as follows:  

Tencent Africa Services (Proprietary) Limited, 5th Floor, Pinnacle Building, 2 Burg Street (cnr Strand Street), Cape Town, Tel: 021 200 7260

  • All persons who participate in the VOOV Auctions, including those who make purchases (“you“) are bound by these T&Cs. If you do not agree to these T&Cs, do not continue to participate in the VOOV Auctions or use the VOOV App.  Your continued participation in the VOOV Auctions and use of the VOOV App will constitute acceptance of and be subject to these T&Cs, unmodified by you.
  • These T&Cs together with the VOOV App Terms of Use and Tencent Privacy Policy (you can find these terms within the VOOV App by tapping on the “VOOV Profile Icon” (bottom right) tap on “settings” and “about”) applies to all of your dealings with us constitute the agreement between you and Tencent.
  • By entering any personal information onto the VOOV App in the creation of your account, in registering as a user of the VOOV App and for the purpose of participating in the VOOV Auctions or by purchasing Products in a VOOV Auction, you consent to the processing of your personal information by Tencent in terms of Data Protection Laws.
  • The VOOV Auctions will take place at 18h45 on 23 April 2018, 24 April 2018, 25 April 2018, 26 April 2018, 27 April 2018, 30 April 2018, 1 May 2018, 2 May 2018, 3 May 2018, 4 May 2018, 7 May 2018, 8 May 2018, 9 May 2018, 10 May 2018, 11 May 2018, 14 May 2018, 15 May 2018, 16 May 2018, 17 May 2018, 18 May 2018, 21 May 2018, 22 May 2018, 23 May 2018, 24 May 2018, 25 May 2018, 28 May 2018, 29 May 2018, 30 May 2018, 31 May 2018 and 1 June 2018 via the VOOV App and on the VOOV Channel.
  • Please take note of the Privacy and Disclaimer clauses in particular.
  • Interpretation
    • The following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings:
      • Agreement” means these T&C’s, the VOOV App Terms of Use and the Tencent Privacy Policy;
      • Auction Process” means the auction process as defined in clause 4 (“Auction Process”);
      • Auctioneer” means the person referred to in clause 1 (“Introduction”);
      • Buyer” means a natural person who makes a bid for and who purchases any Products in a VOOV Auction through the VOOV App;
      • CPA” means the Consumer Protection Act 68 of 2008;
      • CPA Regulations” means the Consumer Protection Regulations published under GNR.293 of 1 April 2011 published in Government Gazette No 34180;
      • Data Protection Laws” means any and all applicable laws relating to the protection of data or personal information and shall include any other laws applicable relating to the protection of data or personal information as well as the protection of personal information principles agreed to in this Agreement;
      • ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
      • Intellectual Property” means without limitation, any know-how (not in the public domain), invention (whether patented or not), copyright material, processes, process methodology (whether patented or not) design, trade mark, whether registered or not and all other identical or similar Intellectual Property as may exist anywhere in the world which is not in the public domain and any applications for registration of such Intellectual Property;
      • MultiChoice” means MultiChoice Proprietary Limited, registration number 1994/009083/07, a private company duly incorporated in accordance with the laws of South Africa;
      • Participants” means natural persons who download the VOOV App onto their mobile devices and who register with Tencent in order to participate in the VOOV Auctions;
      • “Products” means the various goods, accessories and/or other items which Tencent makes available from time to time for auction via the VOOV App in accordance with the Auction Process;
      • Seller” means the person who will offer the Products for sale at the VOOV Auction via the VOOV App, it being recorded that the Seller in respect of the VOOV Auction shall be at all times, Tencent;
      • Starting Price” means the minimum bid amount which must be offered in respect of each Product sold via the Auction Process before the Product can be sold to a Buyer. The determination of the Starting Price in respect each Product made available for sale in the VOOV Auctions shall be determined by Tencent, in its sole discretion;
      • Tencent” means Tencent Africa Services Proprietary Limited, registration number 2015/445517/07, a private company duly incorporated in accordance with the laws of South Africa;
      • VAT” means value-added tax at the rate as contemplated in the Value-Added Tax Act, 1991;
      • VOOV App” means the software application referred to in clause 1 (“Introduction”);
      • VOOV Auctions” means the auctions conducted by Tencent via the VOOV App and as more fully described in clauses 5 (“Introduction”), 3 (“Participation in the VOOV Auctions”) and 4 (“Auction Process”); and
      • VOOV Channel” means Channel 196 broadcast on the DStv pay television platform owned and operated by MultiChoice.
    • Unless the context clearly indicates a contrary intention, any word or phrase defined in the body of these T&Cs as opposed to being defined in clause 2 (“Interpretation”) shall have the meaning assigned to it in such definition throughout these T&Cs.
    • Any reference to any statute in these T&Cs shall be a reference to that statute as at the signature date, and as amended or re-enacted from time to time thereafter.
    • When any number of days is prescribed in these T&Cs, such number shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day other than a business day, in which case the last day shall be the next succeeding business day.
    • Any reference to the singular includes the plural and vice versa.
  • Participation in the VOOV Auctions
    • To participate in the VOOV Auctions you must be a natural person of at least 18 years of age and you must reside in the Republic of South Africa.
    • You may NOT participate in the VOOV Auctions, if you’re a juristic person or a supplier of Products or services in connection with the VOOV Auctions, or if you’re a director, member, partner, employee, agent of, or consultant to us or any other entity directly or indirectly controlling or controlled by us, or if you’re any of the aforementioned persons’ spouse, life partner, parent, child, brother, sister or business partner.
    • The Seller, its respective officers, directors, employees, successors, and assigns and the Auctioneer shall not be entitled to bid on behalf of the Seller in respect of any of the VOOV Auctions.
    • Any person who is eligible to participate in the VOOV Auctions will be required to download the VOOV App. Your use of the VOOV App will be subject to the VOOV App Terms of Use located at http://voov.co.za/terms-of-service/ .
    • No purchase or payment is required in respect of the download or use of the VOOV App. The VOOV App is available from the iStore or the Google Play store.
  • AUCTION PROCESS
    • The VOOV Auctions will be broadcast live on the VOOV Channel and streamed live via the VOOV App at the time and on the days specified in clause 5 (“Introduction”). The VOOV Auctions will always start at the time specified in clause 1.5 (“Introduction”) and will not be delayed to enable any person to take part in the VOOV Auctions.
    • The Products to be sold in respect of each of the VOOV Auctions will be shown by the Auctioneer prior to the commencement of bidding and all Participants will be provided with the opportunity to purchase the Products directly from the Seller in accordance with these T&Cs.
    • The terms upon which the VOOV Auctions will takes place are as follows:
      • You will be required to download the VOOV App onto your mobile device and you will be required to register as a Participant by providing us with certain specified personal details. When you register as a Participant, we will provide you with a unique user name and a unique identification number (attached to your VOOV account).
      • You will NOT be able to participate in the VOOV Auctions unless you have downloaded the VOOV App.
      • No fees are associated with your registration as a Participant or with your participation as a bidder in the VOOV Auctions.
      • Each individual VOOV Auction will be conducted live on the VOOV App by way of Participants placing their electronic bids in the ‘comments’ section of the live feed of the VOOV Auction streamed to their mobile devices.
      • Each live VOOV Auction in respect of each of the Products on offer will be open for bidding for a period of 3 minutes (i.e. we will auction 3 Products for 3 minutes each), the time period will be clearly visible to all Participants before and during the VOOV Auctions. At the time of opening the bids, a timer will count down the total time of the bid from its start to end (initial 3 min duration to 0:00:00) after which the VOOV Auction will end and the highest bidder would then have purchased the specific Product on offer (i.e. the Participant with the highest bid, which is communicated via the ‘comments’ section in the live feed and which is read out by the Auctioneer at the end of the 3 minutes will be identified at the end of the live VOOV Auction).
      • Each VOOV Auction linked to each Product will have a Starting Price. If all bids received exceed the Starting Price for a Product, the Participant with the highest bid will be the successful Buyer of the Product and will be liable to make payment to us for such Product.  Should there be two or more Participants with matching bids, the Participant who made the bid first in time in relation to the time of closing of the bid will be the successful Buyer of the Product.  Should bids not meet or exceed the Starting Price, within 3 minutes of the start of the auction in respect of a Product that Product will be removed from the VOOV Auction and we will commence the bidding process in respect the next Product listed for auction.
      • Note that some Products may be auctioned for charity and the highest bid amount will then, upon receipt thereof by Tencent (as per 5 below) be paid directly by Tencent to a charity organisation as determined by Tencent at the start of the VOOV Auction.
    • NOTIFICATION AND PAYMENT
      • At the end of each VOOV Auction, the successful Buyer will be notified of his/her successful purchase and will be contacted by a verified Tencent representative via a direct in app message in the VOOV App. In app messages can be found by tapping on the VOOV profile icon (bottom right) and then tapping on “messages” “system messages”.  A red dot will be present on your VOOV profile icon to indicate that a message is in your inbox.  This message will contain details on how to make payment for the purchased Product and we will also request you to furnish us with your delivery address and to effect payment to us.
Please note that we will never ask you for your banking details.
      • After being contacted by the VOOV representative via an in app message on the VOOV App, the successful Buyer will have 48 hours (from receipt of such in app message) to make payment for the Product as per the instructions given in terms of clause 1 (“Auction Process”). If you fail to provide proof of payment after 48 hours, you will forfeit your right to purchase the Product and the same or next highest bidder will be contacted by us to provide proof of payment within 48 hours, failing which such bidder will also forfeit the right to purchase the Product.
      • Should we not receive payment for Products purchased as per clause 2 from the highest bidder or the next highest bidder within the allocated timeframes, we will have the right to use such Product(s) for another VOOV Auction (ie we will have the right to use unclaimed Products from a previous VOOV Auction within 5 days in another VOOV Auction).
      • Payments are to be made via EFT. We will not release any purchased Product for delivery unless we have received payment in full for such Product.
      • The highest bid amount includes VAT, delivery and other costs so you will not incur any additional costs in connection with your purchase of the Product.
    • RULES
      • The following rules are applicable to the VOOV Auctions:
        • you must not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price;
        • no bids below the stated Starting Price will be accepted;
        • if the highest bid does not reach the Starting Price, then no bid will be regarded as having been successful; and
        • after the close of an auction all bids are final and not retractable by the Buyer and a Buyer shall be deemed to be the successful bidder if the Buyer placed the highest bid as provided for in clauses 3.5 (“Auction Process”) or 4.3.6 (“Auction Process”).
      • Delivery
        • We only deliver to addresses within the borders of South Africa.
        • Upon receipt of your payment for the purchased Product and provided that you have furnished us with your delivery address, we will use reasonable endeavours to deliver the Product to you within 3 to 5 business days.
        • Delivery periods are only regarded as having commenced upon payment confirmation being received by us (and, if certain fraud checks first need to be carried out because the transaction seems unusual, then the delivery period shall only be regarded as having commenced upon completion of such checks).
        • Delivery periods are calculated based on business days only. Saturdays, Sundays and public holidays are not taken into account in calculating delivery periods.
      • Returns and Refunds
        • Late delivery: If a Product you’ve purchased is not delivered within 5 days after having purchased the Product and we still don’t deliver it within 7 days of you notifying us about it, you are entitled to cancel your purchase, and we will refund you.
        • Incorrect delivery: If the incorrect Product is delivered to you (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact us so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
        • Defective: If you find that the Product is defective, or unsuitable for its purpose (as indicated or otherwise generally intended), or not legal, or not reasonably durable (based on circumstances and product type) (hereinafter referred to as being “Defective“) and you return such Product to us in the manner set out in clause 6 below (Return Process clause) (being the ONLY manner in which returns will be accepted) and the Product is subsequently found to indeed be Defective, you are entitled to either (a) have the Product replaced at our expense, or (b) be fully refunded. You will not be entitled to any refund or free replacement as set out in this clause 8.3 (Defective clause) (and may in addition become liable for the costs incurred in having the Product collected from and returned back to you) if the Product is found to NOT be Defective, or if you only returned the Product after 6 months of having initially received it (whether it is found to be Defective or not).
        • Non-defective: Save for certain exceptions (as listed in clauses 4.1 to 8.4.5 below (Non-Defective clause)), you’re entitled to cancel your purchase of any Product within the 7 day period following your receipt of that Product.  Note that although you will obtain a purchase price refund, you may be charged by us for the return of the Product.  Also note that the aforesaid ability to cancel purchases of non-defective Products will NOT apply in respect of the following product type EXCEPTIONS:
          • books, magazines, newspapers and periodicals;
          • audio or video recordings (i.e. CD’s or DVD’s) or computer software (i.e. computer games) which have been opened/un-sealed;
          • foodstuffs, beverages or other goods intended for everyday consumption;
          • flowers and other products which are likely to deteriorate or expire rapidly; and
          • products which by reason of their nature cannot be returned (which include eBooks, electronic vouchers, and for hygiene reasons, iPods, underwear, swimwear, and earrings for pierced ears).
        • Note that although you’re entitled to ‘cool off’ and cancel your purchase as aforesaid, the Product must be returned in the condition you received it and by following the procedure set out in clause 6 (Return Process clause) below. So, if you wish to return any non-defective Product as aforesaid, please do not remove the Product from its original packaging and/or use or wear the Product. Remember that we may hold you liable for any damage you cause to the Product (including its packaging) while in your possession.
        • Return process: If you want to return a Product you have purchased for any reason permitted under this clause 8 (Returns and Refunds clause), you must first notify us to inform us of the reason for your return by contacting us via email at: support@voov.co.za. Once you’ve successfully logged your return as aforesaid, we will issue you with a returns authorisation reference number (“RA Number”) and arrange for the collection of the Product from you.  You must ensure that the Product to be collected by the courier is packed so as to ensure that (a) it is properly protected; (b) save where being returned due to it being Defective, it is still in its original packaging and in perfect condition for the purposes of resale (i.e. the Product must not be damaged); and (c) the aforesaid RA Number is accurately reflected in/on the parcel.  We won’t be able to accept the return of any Products which have not gone through the aforesaid process and/or are not accompanied by a valid RA Number.  Products returned without a valid RA Number will not have been validly returned and may be sent back to you at your expense.  Please treat Products and packaging with reasonable care while in your possession.  Nothing herein detracts from any right we may have to hold you liable for any damage you cause to a Product (including its packaging) while in your possession.
        • Refund Process: Should you be entitled to a refund for any reason, such refund shall be effected back into your banking account. You’ll be contacted by a verified Tencent representative to arrange such refund into your bank account.
      • Personal information and privacy
        • We respect your privacy and will not disclose your personal information to third parties for marketing purposes if you’ve requested us not to do so. The manner in which we use your personal information is regulated in more detail as described in this clause 9.  Throughout this clause the term “personal information” means information that can be associated with a specific person and can be used to identify that person, NOT information that has been made anonymous so that it does not identify a specific user.
        • What information is collected and why:
          • Personal and Contact Details: During the purchase process, we collect your full name, identity number or passport number (“Personal Details“), as well as your e-mail address, physical address and mobile number (“Contact Details“) and where applicable your VOOV account unique user name and a unique identification number (“VOOV Account Details“).  You enter your Personal Details, Contact Details and VOOV Account Details into the VOOV App.  We can deduce your gender and birth date from your identity number.  We use your Personal Details, Contact Details and VOOV Account Details to manage and administer your participation in the VOOV Auctions and to fulfil our contractual obligations, including to make proper delivery of the Products to you, verify your identity, and to inform you of facts relating to your participation in the VOOV Auctions.  We may also use your Contact Details to inform you of competitions, promotions and special offers from us and/or our partners and/or affiliates, but only if you have given your prior consent to receiving such communications.
          • Transaction Details: We automatically collect information relating to your transactional activity in respect of the VOOV Auctions (“Transaction Details“) via the VOOV App. We use your Transaction Details to keep our own transaction records and to comply with our other obligations and enforce our rights as per the T&Cs. We may also use these details to, on an aggregated anonymous basis, track sales, conduct market research and in so doing improve our product selection and services generally.
        • Sharing information with others: We may share your information with the following persons:
          • business divisions, or other companies within the group of companies to which we belong, so as to provide joint content and services like registration, transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about products, services and communications. Members of our corporate family will only use this information to send you marketing communications if you have requested their services;
          • law enforcement, government officials, fraud detection agencies or other third parties when (a) we are compelled to do so by a subpoena, court order or similar legal procedure; or (b) we need to do so to comply with any law; or (c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our T&Cs; and
          • our service providers under contract who help with parts of our business operations, including but not limited to our delivery service providers, fraud prevention, marketing, and technology services. However, our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
        • How you can change your information: If you would like to review or change the details that you have supplied to us please contact us at support@voov.co.za.
        • Non-personal information: Notwithstanding anything contained in this clause 9 (Personal Information and Privacy clause), the following information is not regarded as personal information for purposes of these T&Cs:
          • permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit;
          • non-personal statistical information collected and compiled by us. We own and retain all rights in such information; and
          • information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this clause 9 (Personal Information and Privacy clause). Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments.
        • Protection information: We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorise access to personal information only for those employees who require it to fulfil their job responsibilities.
      • DISCLAIMER
        • Save for us being liable to you under the CPA in relation to any Products we sell to you via the VOOV Auctions; and under sections 43(5) and 43(6) of the ECT Act in relation to our payment systems not being sufficiently secure, neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from your participation in the VOOV Auctions or from the use or inability to participate in the VOOV Auctions via the VOOV App. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the operation of the VOOV App will be free from errors or omissions or that your use of the VOOV App to participate in the VOOV Auctions will be 100% uninterrupted and error free. 
        • We, our associated companies, suppliers, contractors and sponsors assume no liability whatsoever for any direct or indirect loss or damage arising from electronic communications errors or failures, technical hardware and software failures, lost, unavailable or delayed network connections or failed or incomplete electronic transmissions which may limit a Participant’s ability to participate in the VOOV Auctions or any damage to a Participant’s mobile or other device resulting from downloading the VOOV App.
        • You further acknowledge and agree that you will not hold us liable if your network connection is slow and your bid in respect of a product offered at a VOOV Auction is not timeously registered on our system.
        • Although the Products sold via the VOOV Auctions may be under warranty, the VOOV App itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through the VOOV App will meet your individual requirements and be compatible with your hardware and/or software.
      • General:
        • Governing Law and Jurisdiction: The VOOV Auctions are conducted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&Cs, you submit to the non-exclusive jurisdiction of the South African courts.
        • Disputes: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between us on any matter provided for in, or arising out of these T&Cs, and not resolved through our Customer Relations Department, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
        • Address for Notices: We choose as our address for all purposes under these T&Cs, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 5th Floor, Pinnacle Building, 2 Burg Street (cnr Strand Street), Cape Town for attention: Customer Relations and Legal, with a copy to legal@tencentafrica.co.za (the delivery of which copy shall be required in order for notice to be validly given).
        • Electronic Communications: When you participate in the VOOV Auctions, download the VOOV App or communicate electronically with us, you consent to receiving communications from us electronically and agree that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
        • Changes to T&Cs: We may, in our sole discretion, change these T&Cs or any part thereof at any time.  It is your responsibility to ensure that you are satisfied with the amendments.  Should you not be satisfied with the amendments, you must refrain from participating in the VOOV Auctions, or from using in any way, the VOOV App in respect of your participation in the VOOV Auctions.
        • Term and Termination: These T&Cs shall commence from the date on which they are published on the VOOV App and continue indefinitely, as amended by use from time to time (as described above), for so long as the VOOV Auctions are conducted and are operational, us being entitled to terminate these T&C and/or terminate our operation of the VOOV Auctions at any time (subject to still processing and delivering any purchases then already placed and accepted by us).
        • Copyright and other Intellectual Property Rights: Any and all copyright subsisting in the VOOV Auctions, the VOOV App, including these T&C, vests in us and/or our licensors and all rights not expressly granted are reserved.  You may only download, view and print content from the VOOV Auctions via the VOOV App for private and non-commercial purposes.  All the content, trademarks and data in respect of the VOOV Auctions and the VOOV App, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to us and as such are protected from infringement by local and international legislation and treaties.  Any unauthorised use, reproduction, modification and/or distribution of any of the material streamed via or contained in the VOOV App is strictly prohibited and constitutes an unlawful infringement of our rights, including but not limited to our Intellectual Property rights.
        • Severability: All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect.  You and Tencent declare that it is your intention that this Agreement would be executed without such unenforceable provision if you and Tencent were aware of such unenforceability at the time of execution hereof.
        • CPA and CPA Regulations: These T&Cs comply with section 45 of the CPA and the CPA Regulations. Your attention is specifically drawn to the provisions of section 45(2) of the CPA Regulations which reads as follows: “When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.” A bidders’ record as required in terms of regulation 26 of the CPA Regulations and which will record the identities of all Participants in respect of each VOOV Auction will be made available on the VOOV App and on our website located at voov.co.za.  A vendor’s record which will record all the details of each VOOV Auction as prescribed in terms of regulation 28 of the CPA Regulations will be made available on our website situate at www.voov.co.za.
        • Records: We are required to retain certain prescribed records in respect of the VOOV Auctions in terms of regulation 31 of the CPA Regulations for a period of 3 years after the conducting of each VOOV Auction. These records will include your personal information.
        • Contacting Us: If you have any questions about the VOOV Auctions, the VOOV App or these T&Cs or your dealings with us, you can contact us on support@voov.co.za or DM us on Facebook.