Please make sure you read and understand the MMA South Africa community and Benchmark Network's terms and conditions of service.
Benchmark Network Terms and Conditions
In these terms and conditions unless the context otherwise requires, the following words and phrases shall have the following meanings:
- "Benchmark": means the interactive communication service called Benchmark;
- "Venturewrx", or "owner": means Venturewrx or any of its subsidiaries, associated or affiliated companies;
- "Manager", "managers", "us", or "we": means the owner, managers, operators, or service providers of Benchmark Network based on these terms;
- "Service", or "Services": means the interactive information, communication, social, commercial, promotional, advertising and research related services published, communicated, or delivered through any communication channel by Benchmark Network as provided in these terms and conditions;
- "Sponsor", "sponsors", "partner", or "partners": means the sponsor, endorsement, strategic, or service partners associated to services delivered for, with, or through Benchmark Network based on these terms;
- "Client", or "clients": means publishers, organizations, individuals, or advertisers who may be utilizing the Benchmark Network service to promote, or communicate content, initiatives, causes, products, services and the like, as well as, generate user interaction and contributions based on these terms;
- "User", or "users": means the person, or persons using, downloading, uploading to, viewing, receiving, sharing, subscribing to, joining, interacting with, contributing to, submitting information to, or making use of the service in any shape, or form based on these terms;
- "Opt in member", or "opt in members": means the user, or users that have provided their permission to be communicated to by Benchmark Network on behalf of itself, clients, sponsors and partners based on these terms;
- "Community member", or "community members": means a user, or users that have joined the Benchmark Network service and one or more advertisers' community services as a community member to access additional services, functionality and content based on these terms;
- "Subscriber", or "subscribers": means the user, or users that have, are, or may be accessing specific services, content, functions and features made available through the Benchmark Network service in exchange for transactional, or recurring fees of any form based on these terms;
- "Contributor", or "contributors": means the user, users, sponsor, sponsors, client, or clients that have, are, or may submit content for private, or public use, distribution, transmission, presentation, display and sharing through any communication channels related to Benchmark Network based on these terms;
- "You", or "your": means users, opt in members, community members, subscribers, contributors, sponsors, or clients that are using the service based on these terms;
- "Opt in": means the action the user takes to acknowledge that he/she is providing express permission to the service to be communicated to as an opt in member based on these terms;
- "Opt out": means the action the user takes to withdraw their permission partially or completely from the service or specific community services to be communicated to as an opt in member;
- "Join": means the action the user takes to acknowledge that he/she is joining the Benchmark Network service as a community member to access additional services, functionality and content based on these terms;
- "Subscribe": means the action the user takes to acknowledge that he/she will pay a transactional, or recurring fee of any form to access specific services, content, functions and features made available through the Benchmark Network service based on these terms;
- "Contribute": means the action the user, sponsor, or client takes to submit content for private, or public use, distribution, transmission, presentation, display and sharing through any channels related to Benchmark Network based on these terms;
- "Channel", or "medium": means any communication medium through which the service is being presented, communicated or delivered including, but not limited to: websites on the world wide web (fixed internet), mobi sites or WAP sites on the mobile internet, mobile applications, email, SMS, MMS, USSD services, RSS, kiosk or desktop applications;
- "Device", or "devices": shall include, without limitation any mobile, transportable or portable cellular mobile terminal, handset or other apparatus which is capable of connection by radio interface to a cellular network provider, as well as, any other electronic terminal or apparatus which is capable of receiving, storing, sharing or presenting data, content and information obtained through an internet connection, or otherwise;
- "Connection", or "connections": means the communication means by which the user accesses the Benchmark Network services on any channel or medium including, but not limited to a fixed internet connection, mobile internet, or mobile data connection, and any other means where data, content, or information can be transmitted, or transferred by Benchmark Network to users, or from users to Benchmark Network , or from users to other users;
- "Carrier", or "carriers": means the service provider, or service providers that provide the connection, or connections to users to access the service on any respective Benchmark Network channel;
- "Browser", or "browsers": means the software application used by the user on any device to access and interact with the service on any channel utilizing any connection;
- "Domain", or "domains": means the address information that the user utilizes to access specific respective channels through associated connections, browsers and devices to access the service including, but not limited to website URLs, mobi site URLs, short-code numbers and keywords, USSD numbers, call centre numbers and email addresses based on these terms;
- "Content": means any data and information related to the service that was received, displayed, downloaded, contributed, or shared through any channel, or device including without limitation, news, offers, advertising and promotional messages, surveys, images, video, sound, graphics, photographs, text, all and any information, data, documents, intellectual property, materials, products, and software applications;
- "Offer", or "offers": means specific content related to promotions, competitions, incentives, rewards, vouchers, and the like that may be offered to users by Benchmark Network , its clients, contributors, or sponsors as part of the service based on these terms;
- "Personal information": means personal identifying data, information, or content pertaining to users including cellphone numbers ('MSISDNs'), national identification numbers, medical aid numbers, passport numbers, birth names, surnames, physical street addresses, postal addresses, email addresses and service user account usernames and passwords;
- "Profile information": means any non-personal data, information, or content that were, are, or will be willingly submitted by users, sponsors, clients, or contributors during interaction with the service based on these terms;
- "Public information": means any data, information, or content that forms part of the public domain, or is accessible through 3rd party services, or obtainable without any direct submission action by a user, contributor, sponsor, or client by the service;
- "Statistical information": means aggregated public and, or personal and, or profile data, information and content compiled in a format that does not directly disclose any user, contributor, sponsor, or client specific personal information;
- "Service data": means any and all information, content, or data aggregated, or obtained through the course of operations of the service on, from, or through any channel, device, browser, connection or 3rd party service by the service;
- By accessing, or using the service through any associated domains, or any associated channels and on any device using any connection, you agree that you have read, understood and agree to be legally bound by these terms and conditions, as amended from time to time, which shall take effect immediately on your first use of the service.
- The owner and managers of the service may change these terms by posting changes on any of its channels, any time and from time to time without notice to you.
- Any such amendments shall come into effect immediately and automatically.
- It is your responsibility to regularly review the terms prior to use of the services.
- This is an optional multi-channel content aggregation, publication, sharing and distribution service where as a user you may have access, be able to contribute to and receive content and messages focused on commercial brand interaction and related concepts through mediums such as websites, email, mobisites, mobile applications, SMS, MMS, USSD services, RSS feeds, kiosks and desktop applications. You may opt out of the service completely, or partially should you choose to discontinue the service or part of the service without prior notice.
- A complete, or partial opted out status may affect and, or cause the termination of service delivery and access through some, or all of the channels and, or the loss of data, content and information contributed by you.
- The service is delivered, distributed and made accessible to users; opt in members, community members, contributors, subscribers, sponsors and clients through various domains, on various channels, requiring various respective browsers on various respective devices made possible through various connections provided by a variety of carriers to users across the world.
- The owner, managers, sponsors, clients, or contributors of the service will in no way whatsoever be held responsible, or liable for the cost, connection quality and efficiencies of connections provided by carriers to you during the process of your accessing, using, or receiving the service.
- The owner and managers of the service do not provide any warranty that the various channels through which the service is being delivered will be compatible with your specific device, browser, or connection and before using the service it is your responsibility to check for any required compatibility issues.
- We will endeavour to commence the service within 24 hours of your request for the service and maintain the service on an on - going and uninterrupted basis however, the owner, managers, sponsors, clients or contributors does not warrant, or guarantee the delivery as aforesaid and shall have for no reason whatsoever any liability to you for any loss, damage, costs, expenses, or other claims that you may incur as a result of using the service, content contributed, accessed, or received by you related to the service, service delivery errors, any late, or non-delivery of the service, or the entire discontinuation of the service without any prior notice to you;
- If you are having difficulties with using, accessing or receiving the service, you are advised to notify the manager of the service through available means on the various channels, however the owner and managers do not provide any warranties in terms of its assistance, or attempts to correct the problem if at all possible;
- Where the service entails the delivery of messages, or content via email, SMS, MMS or RSS feeds and delivery should fail after the first attempt for whatever reason, we may, at our sole and absolute discretion, attempt to resend the message to you for as many times it takes to correct the problem.
- We will use all reasonable endeavours to ensure the timely delivery of messages and the uninterrupted subsequent access to extended content provided through the various domains on the various channels related to the service, but we will not be liable to you in any manner whatsoever, for any error, or delay, or failure in transmission, or delivery of the messages and subsequent access to the extended content on the various domains and channels;
- You acknowledge that delivery of messages and content is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by carrier performance, connections, browsers, devices and other operational factors beyond our control, including without limitation, congestion, carrier coverage, dropped connections, the performance of your device and the maintenance of secure carrier connections and/or third party physical delivery or postal services. We accept no responsibility if you do not receive the service messages and/or fail to access the content on various channels related to the service for any of these reasons;
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with, or without notice as we deem, in our sole discretion, appropriate, provided that such changes do not substantially change the nature of the service. You agree that neither the owner, nor the managers, sponsors, clients, nor contributors shall be liable to you, or to any third party for any modification, suspension or discontinuation of the service.
- Where the service entails the publication of offers presented by Benchmark Network, or any 3rd party client, sponsor, or advertiser on any channel related to Benchmark Network, Benchmark Network accepts no responsibility and will in no way whatsoever be held liable to you or any 3rd party for any amendments, complete withdrawal or premature deactivation, unsuccessful conclusion, or unsuccessful, or incomplete fulfilment of such offers with, or without any prior notice to you. We may, at our sole and absolute discretion amend the terms, rules, content, timeframes and the like of any offer published or distributed through Benchmark Network with or without any prior notification to you.
- Use of channels related to the service is entirely at your own risk.
- Age restrictions may be applicable to certain content available on channels related to the service.
- You hereby warrant to the owner and managers that you have the required legal capacity to enter into and be bound by these terms and conditions which constitute a legally binding contract and to access the content available on the channels related to the service.
Review of Content
- The content is provided "as-is"; and the owner and managers disclaims any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
- The owner and managers may remove (without notice) any content from the channels related to the service in its sole and absolute discretion, for no reason, or any reason, including content it deems might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any third party. No liability shall be accepted by the owner, or managers for removal of content from the channels related to the service.
- The channels related to the service contains (or you may be sent through messages related to the service) links to third party channels, as well as, third party content contributions. Such third party channels and third party content contributions are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by the owner, or managers. You are therefore urged to access third party channels, and content contributed to the service by 3rd parties with caution and entirely at your own risk.
- Inclusion of, linking to, or permitting the use, or installation of any third party channels, or any third party content does not imply approval or endorsement thereof by us, or the owner.
- The third party channels and third party content contributions will be subject to their own policies, terms and conditions and you are advised to review the applicable policies, terms and conditions, including privacy and data gathering practices, of any third party channels, or contributors.
Price and Payment
- The service will initially be offered by the owner and managers free of charge but the owner and managers reserves the right to charge you for the services, or certain elements thereof, in which event, the managers shall notify you on its various channels, or through messages of the applicable charges and the date of commencement of the said charges.
- Standard data bearer charges for accessing the mobile channels related to the service will be charged at the rate in accordance with the data tariff of your prevailing mobile carrier tariff plan; and standard data bearer charges for accessing the fixed internet based channels related to the service will be charged at the rate in accordance with the data tariff of your prevailing fixed internet carrier tariff plan.
- In instances where the user may choose to interact with the service through Premium Rated Mobile Service Numbers (PRS Short codes), the applicable rate that will be charged to the user accessing the service will be promoted, published, and, or displayed where such interactions are, or have been promoted.
- Access to some parts of the service dependant on the channel, connection and carrier combination may not be in all countries where the service is delivered. Currently Premium Rated and USSD Mobile services are only available for mobile service numbers that are associated to South African Mobile Network Operators.
Intellectual Property Rights
- All intellectual property rights associated to the service (subject to the rights of any third party) belong to the owner (or its licensors).
- The names, images and logos identifying the owner, clients, contributors and the service are subject to copyright, design rights trademarks and other intellectual property rights of the owner and/or its licensors. Subject to the following sub-clause, nothing contained in these terms shall be construed as conferring by implication, or otherwise any license or right to use any trademark, patent, design right, copyright or other intellectual property rights of the owner and/or its licensors ; or clients and contributors of the service .
- The owner hereby grants you a revocable, personal, non-transferable license to use the service on the device to which the service is transmitted to, or used within, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction of the service is expressly prohibited by law, and may result in severe civil and criminal penalties.
- The channels related to the service may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- The owner makes no representations or express warranties about the suitability, reliability, availability, timeliness, and accuracy of the service and/or the channels related to the service for any purpose and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability, or fitness for a particular purpose, to the maximum extent permitted by applicable law.
- The owner does not represent, or warrant that the content will be accurate, complete, reliable, current or error-free, or that the channels related to the service, or its servers, or any platform applications are free of viruses or other harmful components.
You undertake to indemnify and hold harmless the owner, managers and all members, officers, servants, agents and duly authorised representatives of the owner of the service against all liabilities (including damages whether direct, indirect or consequential, expenses, costs and legal fees on an attorney and own client scale) actions, proceedings, claims and demands on all alleged claims and demands howsoever arising. Without limiting the generality of aforegoing , the owner shall not be liable for any loss, cost, damage or injury (whether consequential, contingent or foreseeable) suffered by you as a result of :
- the use of the service, any reliance placed on the content; and
- the redemption or fulfilment of offers presented by Benchmark Network
- unsuccessful delivery, or amendment of offers presented by Benchmark Network
- any failures, defects or delays in the delivery of the service;
- failure to access any channels related to the service.
You hereby agree to indemnify the owner and managers and to hold us harmless from any loss, or damage you may incur by reason of any breach by the owner and managers of any of these terms.
Suspension / Disconnection
- The owner and managers may from time to time and without notice to you, suspend the provision of the service to you, or disconnect any or all of the channels related to the service from your connection, during any technical failure, modification or maintenance of the service; or if you fail to comply with these terms and conditions; or if so directed by the Regulatory Authority;
- Having regard to the circumstances at the time of suspension, disconnection, or reconnection, as the case may be, the owner and managers shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any subsequent reconnection.
- We reserve the right to terminate the service at any time by giving notice to you.
- The service shall also automatically terminate if you fail to comply with these terms and conditions or with the terms and conditions of any other contract pursuant to which we, the owner, or our service providers have made the service available to you.
- The owner and managers shall not be responsible for any breach of warranty, delay or failure in performance under these terms and conditions that results from events beyond its control, including without limitation, such as acts of God, acts of war, epidemics, power outages, fire, earthquakes, and other disasters.
- In the event of any delay or failure in performance by the owner or managers due to any cause arising from or attributable to acts, events, non-happenings, omissions, accidents or acts beyond the control of the owner and managers, the owner and managers shall be under no liability for loss or injury suffered by you as a result thereof.