Terms and Conditions

Terms and Conditions

FUNDAFLIX Subscription Service Terms and Conditions 

These terms and conditions govern the use of the FUNDAFLIX subscription service and related features (“the Subscription Service”).

The terms of this agreement (“Terms and Conditions”) govern the relationship between you, the billing service provider (MTN SA (Pty) Ltd and their respective affiliates) (“the Billing Partner”) and Broadsmart (Pty) Ltd (“Broadsmart”) (and its respective affiliates) (collectively hereinafter “FUNDAFLIX” or “Us” or “We”) regarding your use of the Subscription Service.

Broadsmart (Pty) Ltd (“Content Provider”) provides the Subscription Service offering defined in clause 1. Below.

1.       Description of the Subscription Service

1. Subscribers will be provided with access to the following: 

1. A catalogue of educational content that can be accessed via a web reader on smartphone, tablet or PC. 

2. Text-based reference and study guide content for Grades 8 to 12. 

3. Multimedia lessons for Grades 8 to 12 in Mathematics, Physical Sciences, English, Mathematical Literacy, Accounting, Life Sciences, Afrikaans, Geography, History, Economics, Computer Application Technology, Technology. 

4. Live classes streamed weekly 

2. A subscription fee of R4.00 per day (where the subscriber has selected the daily billing option) or R25.00 per week (where the subscriber has selected the weekly billing option) or R79.00 per month (where the subscriber has selected the monthly billing option) is payable on a recurring basis for this Subscription Service. 

3. The subscriber opts in by visiting https://mtn.fundaflix.co.za or dialling *686*8435# (Daily Subscription) or *686*8436# (Weekly Subscription) or *686*8436# (Monthly Subscription) 

4. The Subscription Service is offered on a promotional basis and may be withdrawn from the market or changed at any time and at the Billing Partner/ Broadsmart’s discretion. 

5. The subscriber may cancel this service at any time without contractual penalty. If the subscriber does not cancel the service, it will endure on a daily, weekly or monthly basis until cancellation is received by the Billing Partner / Broadsmart. 

2.       FUNDAFLIX Free Trial

1. From time to time, FUNDAFLIX may offer a trial without payment or at a reduced rate (a “Free Trial”). The Free Trial offer and trial period will be specifically stated on sign up and the trial period will commence from the moment that the trial period is activated. After the trial period, regular pricing for the subscription will be charged – see clause 6. Payment and Terms. 

2. By activating the Free Trial, you agree that we may automatically begin charging you for the paid subscription on the first day following the end of the trial period on a recurring basis. 

3. Should a subscriber not want to become a paying user of the Subscription Service upon the lapse of the Free Trial period, they will have to terminate the subscription before the end of the Free Trial period. Instructions for this can be found under clause 7. How to Stop the Recurring Subscription. 

4. FUNDAFLIX reserves the right to remove or cancel the Free Trial offer at any time. 

5. FUNDAFLIX reserves the right to change the features of the Free Trial offer at any time. 

3.       FUNDAFLIX Content

1. Content is provided by Broadsmart (Pty) Ltd. The content and publications made available may be amended from time to time. 

2. A working internet connection is required in order to consume content via the web reader. The subscriber should ensure they have sufficient data to read online. 

4.       Duration and Termination

1. The Subscription Service will endure on a day-to-day basis from the start date, 22^nd February 2022 until the Billing Partner / Broadsmart in its sole and absolute discretion elects to discontinue the promotion. The subscriber may cancel at any time during this term, without penalty. The subscriber is responsible for ensuring that cancellation of the service is actioned in accordance with clause 6. below. 

2. Should the subscriber incorrectly complete the cancellation process, the Billing Partner and Broadsmart will not be liable for any additional costs or compensation due to the error. 

3. The subscriber acknowledges that the Billing Partner / Broadsmart may terminate this agreement by written notice, including email or sms, and without liability in the event of the termination of its agreement with a Content Provider or an upstream licensee relevant to the provision of any connectivity service. 

5.       Payment and Terms

1. Where the subscriber has selected the daily billing option, a subscription fee of R4.00 per day will be deducted in full of the subscriber’s airtime balance on a daily basis from the date that the subscriber subscribes to the Subscription Service. 

2. Where the subscriber has selected the weekly billing option, a subscription fee of R25.00 per week will be deducted in full of the subscriber’s airtime balance on a weekly basis from the date that the subscriber subscribes to the Subscription Service. 

3. Where the subscriber has selected the weekly billing option, a subscription fee of R49.00 per week will be deducted in full of the subscriber’s airtime balance on a weekly basis from the date that the subscriber subscribes to the Subscription Service. 

6.       How to Stop the Recurring Subscription

1. To cancel the service the subscriber should: dial *123#, reply 1 to Manage Subscriptions then reply 1 to View or cancel subscriptions, then follow the prompts on screen to select and cancel the FUNDAFLIX subscription. The subscriber will receive an SMS notification confirming that the subscription has been successfully cancelled, or 

2. Login to the subscriber’s existing FUNDAFLIX account at https://mtn.fundaflix.co.za and use the menu links to navigate to the My Account page. Click the Unsubscribe button to cancel. 

7.       Customer Support

1. For MTN billing queries, dial 135 (free from your MTN SIM). 

2. For any other queries related to the Subscription Service, dial 135 (free from your MTN SIM) or email support@fundaflix.co.za 

8.       Disclaimer and Limitation of Liability

1. Broadsmart 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. Broadsmart may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA website: www.waspa.org.za 

2. FUNDAFLIX is a subscription service charged at R4.00 per day, R25.00 per week or R49.00 per month. By using the service, you agree that you are 18 years or older and have the bill payers’ permission. Compatible handsets only. To unsubscribe dial *123# (see clause 7. above). For help call 135 (see clause 8. above). By using the service, you agree to receive SMS alerts and promotional material relating to this and similar services. To opt out, visit the My Account page and update your communication preferences. 

3. Service provided by Billing Partner and Broadsmart, 17 Glenhove Road, Melrose, 2196, South Africa 

4. This service 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. 

5. We have 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, and we have 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. 

6. Broadsmart and Billing Partner accept no liability for any loss or damage to the property or equipment of the subscriber arising out of the provision of the product. 

7. Application for, use of and subscription of the product are at the sole risk of the subscriber or applicant. 

8. The subscriber is solely responsible for all actions authenticated by credentials associated with their account(s). 

9. Broadsmart and Billing Partner accept no liability for any loss or damage suffered by subscribers as a result of unauthorised use of the subscriber’s credentials. 

9.       Protection of Personal Information and Direct Marketing

1. MTN and Broadsmart are committed to protecting the subscriber’s privacy and ensuring that their personal information is protected in accordance with data protection legislation and regulation in South Africa, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA). Without limiting the generality of this commitment, these parties will: 

1. Only collect personal information as is necessary to provide the FUNDAFLIX Subscription Service, including offering other products and services that may be of interest. 

2. Only process collected personal information for this purpose. 

3. Only transfer personal information where required for the provision of the Service and only then where an agreement is in place with the transferee to ensure continued compliance with POPIA. 

4. Take industry standard measures to secure personal information in their possession. 

5. Delete personal information where it is no longer required. 

6. Otherwise only release personal information where under a legal obligation to do so. 

2. The subscriber consents to the processing of his or her personal information as outlined above. 

3. We respect your privacy and you voluntarily agree to abide by our privacy policy, the subscriber shall familiarise himself or herself with the Customer Privacy and Notice available on the MTN Website on www.mtn.co.za .