TelkomPlus Standard Terms & Conditions
1. The provision of TelkomPlus is subject to Telkom SA SOC Limited’s (“Telkom”) Standard Terms and Conditions. Refer to the link below:
2. These terms and conditions shall govern your use of the TelkomPlus website and any content service on TelkomPlus.
3. By accessing any page on the TelkomPlus website or making use of any content service on TelkomPlus, you agree fully to the following terms and conditions:
4. In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”), these terms and conditions are binding and enforceable against all persons that access the TelkomPlus website or any part thereof or make use of any services offered by Telkom or the service provider, Akinga Vertical Service Provider (Pty) Ltd ( “VSP”).
5. Telkom, in partnership with VSP shall offer the content services to Telkom Mobile Prepaid, Post-paid and Hybrid customers.
6. The content services are compatible with Android and iPhone devices.
7. Whilst every effort has been made by Telkom, VSP and their suppliers of content information to ensure proper performance of the content services, the accuracy of the content, information, images and the reliability of the binary data on the content services, Telkom and VSP, their affiliated companies, suppliers, or any of their employees do not, to the full extent permitted the law, guarantee the availability or accuracy of the services, content, information and/ or images offered on the content services.
8. Telkom and VSP:
a. make no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the content services and the content services are used at your own risk;
b. do not warrant that the content services will meet your requirements, be uninterrupted, complete, timely, secure or error free;
c. shall not be liable to your or any third party, in manner whatsoever, and you indemnify Telkom and VSP accordingly, for any damage, loss, liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the content services or your use of the content services, other than in respect of losses caused by Telkom or VSP’s gross negligence or intentional misconduct.
d. shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Telkom network, acts of God, government control or regulations, restrictions or prohibitions or other government acts or omission, whether local or national, act of default by any content partner, supplier, agent or subcontractor, industrial disputes or any other cause beyond Telkom or VSP’s reasonable control.
9. A daily or weekly subscription fee of R3 or R5 is chargeable for the content services, depending on the specific content service and network fees may apply, as described in the description of each content service.
10. If the full subscription fee cannot be collected, then partial billing will apply. In cases where partial billing is applied, your subscription will be renewed through the collection of an amount less than the original subscription fee for a given day. For example, if a renewal transaction for R3.00 is unsuccessful due to insufficient airtime, a partial collection of 25% may be attempted, i.e. R0.75.
11. All amounts stated in these terms and conditions or on the content services are inclusive of VAT.
12. Telkom and VSP reserve the right to change the subscription fees from time to time.
13. The TelkomPlus content services shall be accessible through the following channels:
a. USSD by dialing *180# or *180*4#;
b. Telkom APP – register and login with a username and password; or
c. Portal – register and login with a username and password.
14. Should you subscribe to any TelkomPlus content service, for example gaming, you are also required to comply with the content rules as set out by the respective content service provider.
15. You will be able to unsubscribe or opt out to a content service by:
a. sending the STOP keyword (found in the welcome SMS) to 179; or
b. via the USSD menu *179#.
c. Alternatively contact Telkom Customer Support on 180.
16. Should you choose to opt out or unsubscribe, you will not be entitled to any refund.
17. Telkom or VSP may suspend your account or cancel your account at any time in its sole discretion.
18. Where Telkom or VSP elects to cancel your fully paid up services and you have not breached these terms and conditions, you will receive a refund of a pro rata amount of your payment, calculated by using any reasonable methodology.
19. Telkom may, from time to time vary the benefits associated with a subscription by posting a new subscription on TelkomPlus.
20. Where in Telkom’s reasonable discretion, the variation results in substantial loss of value or functionality, you shall have the right to cancel your subscription and will be eligible for a refund.
21. You agree and confirm that you are over the age of 18 years and are authorised to access, make purchases or payments, and/or make changes to any account, personal information and associated profile settings on any of the content services available to you.
22. In the event that you are not the account holder and/or are not authorised to make use of the relevant content services, you declare that you have obtained the necessary consent for access to and/or to make changes to the relevant accounts, personal information, profile settings, as well as make purchases and payments.
23. It may be required of you to update your personal details to continue using certain functions of the content services. You agree and confirm that you are the authorised person to use the details that you are registering/logging-on with and the information provided to Telkom is accurate and your own personal details.
24. If the personal information provided to Telkom is not your information or is incorrect, Telkom will not be held liable in any way.
25. If Telkom establishes that the intention of using incorrect and/or false personal information is to conduct fraud or malicious activities on this portal, you will be criminally prosecuted as per current legislation.
26. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the content services for lawful and legal purposes.
27. You warrant that you shall not:
a. use the content services for commercial and non-private purposes; or
b. use the content services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights
c. send spam or promote the sending of spam; or
d. create, store or disseminate any illegal content.
28. Telkom and VSP have the right to take down any content (hosted as part of a content service) that it considers illegal or for which they have received a take-down notice from WASPA.
29. The caching of the content services shall only be allowed if:
a. the purpose of the caching is to make the onward transmission of the content from the content services more efficient;
b. the cached content is not modified in any manner whatsoever;
c. the cached content is updated at least every 12 (twelve) hours; and
d. the cached content is removed or updated when so required by Telkom.
30. If you use content from the content services in breach of these terms and conditions:
a. Telkom and VSP reserves the right to claim damages from you;
b. Telkom and VSP reserves the right to institute criminal proceedings against you; and
c. Telkom and VSP shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
31. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by Telkom at any time without prior notice or reason.
32. You agree that you will be responsible for the safekeeping of your password/PIN for access to all content services and you accept all liability in the event that the password/PIN is disclosed to a third party, whether intentional or unintentional. You agree that the disclosure of your password/PIN is done at your own risk.
33. Furthermore, you acknowledge that you are responsible for ensuring that no unauthorised access to the content services is obtained using your password/PIN, and that you will be liable for all such activities conducted pursuant to such use, whether authorised or not.
34. You agree that if you disclose your password/PIN to a third party, the third party may have access to your personal, account and billing information and agree that Telkom shall not be liable in this regard.
35. Telkom shall take all reasonable steps to protect the personal information of users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013. 8.2. As and when necessary, Telkom may electronically collect, store, disclose and/or use the following of your personal information:
a. name and surname;
b. contact numbers;
c. non-personal browsing habits and click patterns;
d. e-mail address;
e. IP address;
f. geographical location;
g. account details; and/or
h. username and password (required for access to personal information pages).
36. Telkom collects stores and uses the abovementioned information in order for Telkom to:
a. communicate requested information to you;
b. respond to queries, responses or complaints submitted by you;
c. process orders or applications for Telkom products and/or services;
d. create products or services that may meet your future requirements;
e. provide you with access to restricted pages on the Telkom web site and portal; and
f. compile non-personal statistical information about browsing habits, click-patterns and access to the content services.
38. Telkom may further collect non-personal information, for example, your IP address, the date and time of your visits to the Telkom website, and browser history, to recognise you during any subsequent visits to the Telkom website and/or use of the content services. Telkom may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
39. Telkom owns and retains all rights to non-personal statistical information collected and compiled by Telkom.
40. As and when necessary, Telkom may use and/or disclose your personal information collected:
a. in order to comply with legal and regulatory requirements and applicable laws;
b. to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
c. to attorneys and/or debt collection agencies if you breach any agreements with Telkom;
d. to Telkom’s agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Telkom products, services and the content services to you;
e. to consumer research companies for the purposes of conducting research on improving Telkom products, services and the content services;
f. for the purposes of us publishing a directory containing the name, address, details and the applicable cellphone number of Telkom subscribers; and
g. for the purposes of Telkom informing or sending information to you about any new services or products offered by Telkom and/or by any of Telkom’s agents and/or consultants and/or trade partners which we consider may be of interest to you. Telkom will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
41. By using the content services and the Telkom website you understand that Telkom may, where necessary and where permitted by law, monitor your calls, e-mails or SMS’s for business purposes, including for purposes of quality control, training, marketing and improving the content services. Telkom agrees that it will not disclose any personal information that could be used to identify you.
42. Telkom reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
43. In the event that the content services contain hyperlinks to third party sites not controlled by Telkom (“target sites”), Telkom is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Telkom of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Telkom recommends that you check the policy of the target sites if you have any concerns or questions.
44. Telkom shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Telkom website and/or content services without Telkom’s prior written consent shall do so at their own risk and indemnify Telkom against any loss, liability or damage that may result from the use of content from the Telkom website and content services, if such content was accessed through a hyperlink not directed at the home page of the Telkom website and/or content services. Telkom’s nonliability for deep linking is based on the fact that deep links bypass these terms and conditions.
45. The Customer Support can be contacted on 180 or you can email firstname.lastname@example.org.
46. If you have a billing query or dispute, a query or dispute can be logged via email to email@example.com or by calling Telkom Customer Support on 180.
47. If it is found that there was a billing error for whatever reason in respect of the content services, Telkom and VSP will investigate and refund the amount to your bank account, if due and payable.
48. Telkom and VSP are both members of WASPA and are bound by the WASPA Code of Conduct.
49. You have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure.
50. Telkom and VSP may be required to share information relating to a service or to you with WASPA for the purpose of resolving a complaint. WASPA’s web site is www.waspa.org.za.
51. If you breach these terms and conditions in any way, Telkom and VSP reserve the rights to temporarily or permanently suspend your access to the content services.
52. Telkom and VSP reserve the right to revise these terms and conditions from time to time.