Terms and Conditions

CONTENTS:

1.	DISCLAIMER
2.	TERMS
3.	CONTENT
4.	EVOLUTION AND THE NEED FOR FLEXIBILITY
5.	ACCESS TO SexyMobile AND REGISTRATION
6.	YOUR OBLIGATIONS
7.	PRIVACY POLICY
8.	COPYRIGHT POLICY
9.	GENERAL SUBSCRIPTION TERMS & CONDITIONS
10.	COMPETITION TERMS & CONDITIONS

1.		DISCLAIMER

		Whilst every effort has been made by Wireless Warriors (PTY) Limited (herein SexyMobile) and its suppliers of information to ensure the proper performance of every service, SexyMobile, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion. Errors will be billed in full. By using SexyMobile Services you indemnify and hold us harmless against all or any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect special or consequential damages) and whether in action based on contract, negligence or any other action, arising out of or in connection with failure or delay in performance of the Services offered or the use of said Services.

TERMS

2.1

The basic services offered by this website ("SexyMobile WEB") and WAP Site ("SexyMobile WAP") are provided to you on an "as is" and "as available" basis. SexyMobile uses its best efforts to maintain the quality of its services, but you should not assume that SexyMobile is error-free or that it will be suitable for the particular purpose which you have in mind when using it.

CONTENT

3.1

SexyMobile links you to websites, WAP sites, Content Providers, Service Providers and Network Operators and information located worldwide throughout the Internet. Because SexyMobile has no control over such sites and information, SexyMobile offers no guarantee for such sites and information with regard to the accuracy, currency, content, or quality of any such sites and information.

3.2

SexyMobile shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by you as a result of the User accessing this website, utilising any service offered on this website or relying on any information contained on this website for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

3.2.1		errors or discrepancies in the information provided

3.2.2		any unauthorised access of this website by third parties

3.2.3		any breakdown or failure of any equipment or medium of access to this website

3.2.4		any failure or unavailability of SexyMobile or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website

3.2.5		the destruction or accessing of the User's data or equipment

3.2.6		any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website

3.3

You hereby indemnify SexyMobile against any demand, claim or action against SexyMobile relating to or in connection with your use or accessing of this website whether directly or indirectly for any reason whatsoever.

3.4

SexyMobile reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this website or any part hereof at any time.

3.5

Unless expressly stated to the contrary, SexyMobile owns the intellectual property rights in and to this website and the unauthorised use hereof is expressly prohibited.

3.6

You are entirely responsible for all content that you access, upload, post, email or otherwise transmit via SexyMobile. We are not liable for loss of any content you transmit and you should keep a backup copy of all such content.

EVOLUTION AND THE NEED FOR FLEXIBILITY

4.1		Some new Handsets, Service or Networks may not yet be supported by SexyMobile at the time of their launch. SexyMobile has a dedicated technical team who work constantly on supporting all Handsets and Networks, but due to the fast-paced evolution of the Mobile Industry we need flexibility in supporting these properly. As soon as we can support these Handsets and Networks we will do so.

4.2		Certain Network Operators may not have key coverage in place in all areas. As SexyMobile is dependant on the Networks for our Service Delivery we are bound by these coverage maps and will also not be able to deliver in these areas. Contact your local Network for a list of recent areas they do not cover.

4.3		The Internet in general, the GSM Network and WAP (Mobile Internet / IP) services in particular are rapidly evolving and SexyMobile is in constant development. SexyMobile reserves the right to withdraw, update or change these Terms or our Privacy Policy at any time. If you do continue to use SexyMobile after a change to the Terms or the Privacy Policy you shall be deemed to have agreed to the relevant variation.

4.4		Over time SexyMobile intends to expand the services that you are offered. When a new service is introduced SexyMobile may impose special terms and conditions on the use of that service.

4.5		SexyMobile may set maximum limits for (i) the numbers or sizes of SMS / E-Mail messages, postings or other uploaded content stored or sent, (ii) amounts of disk space allocated or used on your behalf, and (iii) number and durations of occasions when you access SexyMobile. These limits may vary over time without notice to you.

ACCESS TO SEXYMOBILE AND REGISTRATION

5.1		As SexyMobile evolves certain services may require a minimum equipment, specific settings or bandwidth specification. It is your responsibility to ensure that you have the right equipment, settings or bandwidth for these services at the time of access. We are not liable for any failure to use SexyMobile caused by your failure to do so.

5.2		Some parts of SexyMobile may be accessible only to users who subscribe or pay a "per-use" charge. These sections will be clearly marked.

5.3		On registration you must provide accurate and complete information as prompted by the registration form or any other request made by SexyMobile ("User Data"). If you do not complete the mandatory information fields (marked with an asterisk) your registration will be rejected.

5.4		If any User Data changes you must change, maintain and promptly update the User Data to keep it accurate and complete. If you do not or if SexyMobile has reasonable grounds to suspect that any User Data is inaccurate or incomplete SexyMobile may suspend or terminate your account and access to the services.

5.5		You may unsubscribe from SexyMobile at any time by contacting the System Support at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

YOUR OBLIGATIONS

6.1		You acknowledge that by using SexyMobile and accessing our third-party links you will be exposed to content that is of an adult nature or is offensive, indecent or objectionable. SexyMobile is not responsible for any such content and you must use your own discretion in whether or not you may suffer harm as a result of access to this content.

6.2		You must not use SexyMobile in any way (including to transmit any content) that is contrary to any applicable law or regulation or these Terms, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.

PRIVACY POLICY

For the purposes of this Terms & conditions and Privacy Policy, our websites and Wireless Application Protocol (WAP) sites are treated identically and are covered simultaneously by this statement, as they are no more than different methods of obtaining the same information and hence do not warrant separate policies.

What personally identifiable information does SexyMobile collect from me?
How does SexyMobile use my information?
With whom does SexyMobile share my information?
What are cookies and how does SexyMobile use them?
Use of IP-Address
Links to other sites
Security
E-mail
Under-18 users

SexyMobile is committed to bringing you information tailored to your individual needs and recognises the importance of protecting the privacy of personally identifiable information collected about our users. In adopting this customer privacy policy, our intent is to balance our legitimate business interests in collecting and using information and our user's reasonable expectations of privacy. By using this site, you signify your assent to SexyMobile's Privacy Policy. If you do not agree to this policy, please do not use our service. Your continued use of SexyMobile following the posting of changes to these terms will mean you accept those changes.

7.1		What personally identifiable information does SexyMobile collect from me?

SexyMobile collects information in several ways. Some personal information (such as a name, mobile number and e-mail address) is gathered when you register for the services, and more detailed information is collected for specific purposes – such as when you are trying to link to your POP3 e-mail account. When you are in a section of SexyMobile and are asked for personal information, you are sharing that information with SexyMobile, its divisions and/or its third party service providers unless it is specifically stated otherwise.

Promotions that run on SexyMobile may be sponsored by companies other than SexyMobile or may be co-sponsored by SexyMobile and another company. Some or all data collected during a promotion may be shared with the sponsor.

Please be aware that SexyMobile advertisers or websites that have links on our site may collect personally identifiable information about you. The information practices of those websites are not covered by this privacy statement.

7.2		How does SexyMobile use my information?

Our primary goal in collecting personal information is to provide our users, with a better online experience, including interactive communications, online shopping and other services. By knowing a little about you, SexyMobile and its partners are able to deliver more relevant advertisements and content, and hence better service to you.

SexyMobile delivers targeted advertisements on behalf of advertisers. Advertisers give us an advertisement and tell us the type of audience they want to reach. We take the advertisement and display it to users meeting those criteria. In this process, the advertiser never has access to individual account information. Only SexyMobile has access to your information. This kind of advertisement targeting is done with banner ads, pop-up advertising, button ads as well as promotional e-mail.

SexyMobile conducts research on our users' demographics, interests, and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve our users. This research is compiled and analysed on an aggregated basis. SexyMobile may share this aggregated data with advertisers or business partners.

7.3		With whom does SexyMobile share my information?

As a general rule, SexyMobile will not disclose any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. Traffic: Web servers serving SexyMobile automatically collect information about which pages each user visits and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers. Any personally identifiable information provided by subscribers online as part of an online advertising promotion or in order to access a third party service may be provided directly to the advertiser or third party concerned. Promotions: Many promotions offer opportunities to request additional information from sponsors. When you request more information about a particular promotion, your e-mail address may be shared with the sponsor of that promotion. Shopping: If you make a purchase from an online store or merchant, the information obtained during your visit to those stores (including tracking information and cookies as described below as well as the information you give such as your credit card number and contact information) is provided to the merchants. This is to enable transactions to take place. Third parties: Online merchants providing services in association with SexyMobile have separate privacy and data collection practices. SexyMobile has no responsibility or liability for these independent policies. For more information regarding the merchant, their store, and their privacy policies, return to that store's home page and click on the appropriate link. Legal: SexyMobile may also disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our policies or may be causing injury to or interference with (either intentionally or unintentionally) SexyMobile's rights or property, other SexyMobile users, or anyone else that could be harmed by such activities. Statistics and advertisements: SexyMobile may perform statistical analyses of user behaviour in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. SexyMobile also uses demographic information to allow advertising banners on our Web site to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analyses and banner advertisement targeting, we will disclose information to third parties only in aggregate form.
7.4		What are cookies and how does SexyMobile use them?

Cookies are pieces of information a website transfers to a user's hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences while you're at our site. We never save passwords or credit card information in cookies. The use of cookies is an industry standard -- you'll find them at most major websites.

In certain areas of the site, SexyMobile places a "cookie" on the browser of an SexyMobile user's computer to store and sometimes track information about you. A cookie can be used to tell when your computer has contacted a Web site; we use the information for purposes such as measuring certain traffic patterns, making sure that you don't see the same ad too many times in a single session, serving personalised content and so on.

Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of SexyMobile will not function properly if you refuse cookies. For example, without cookies, you will not be able to set personalised TV Guide preferences. You may occasionally get cookies from our advertisers. SexyMobile does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.

7.5		Use of IP Address

SexyMobile also logs IP addresses, or the location of your computer on the Internet. An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. SexyMobile collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When users request pages from the SexyMobile network, our servers log the users' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies or Terms of use Agreement or to protect our service, site, customers or others.

7.6		Links to Other Sites

Users should be aware that when you are on SexyMobile, you could be directed to other sites that are beyond our control. There are links to other sites from SexyMobile pages that take you outside our service, e.g. clicking on a banner advertisement. These other sites may send their own cookies to users, collect data or solicit personal information. SexyMobile does not control the privacy policies of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks. Please keep in mind that whenever you give out personal information online --- for example, via e-mail messages or contact information --- that information can be collected and used by people you don't know. While SexyMobile strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.

7.7		Security

The importance of security for all personally identifiable information associated with our users is of utmost concern and importance to us. We exercise great care in providing secure transmission of your information from your PC or phone to our servers. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, SexyMobile cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

7.8		Policies for Individuals Under 18 years of Age

SexyMobile does not endorse the use of its services by persons younger than 18 and is committed to fighting child pornography of any form. SexyMobile encourages parents, teachers and guardians to actively monitor the use of services offered by SexyMobile and immediately report any instance of a person under the age of 18 making use of the service. Parents are further encouraged to block their children/s mobile number/s from the SexyMobile database. This can be accomplished by calling our 24hr helpline on 0822 301 234 (VAS rates, free minutes don't apply) or By sending the word BAN followed by the mobile number that you would like to ban via SMS to 32399 (R1/SMS) Example: BAN 0821234567

8.		COPYRIGHT POLICY

		SexyMobile respects the Intellectual Property of others. We always pay our licensing fees and we are fanatical about upholding Copyright Laws. We license our content from Content Providers and insist they also adhere to these Copyright Laws. We also insist that our users respect and here to these regulations. SexyMobile may, in appropriate circumstances and at its discretion, terminate its relationship with users and or Content Providers who infringe the Intellectual Property Rights of others. If you believe that your work has been copied in a way that constitutes a Copyright Infringement, please provide the SexyMobile support team with the following information: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest A description of the copyrighted work that you claim has been infringed A description of where the material that you claim has been infringed is located on the site Your address, telephone number, and email address A statement by you that you believe, in good faith, that the disputed material has been used without the authorisation of the copyright owner, or authorised agent A statement by you, made under penalty of perjury, that the information furnished in support of your claim is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Please forward the information to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

9.		GENERAL SUBSCRIPTION TERMS & CONDITIONS

		Please ensure bill payer’s permission before requesting any content or using any of the advertised services. Must be 18 years or older to use this service. If you request a subscription service, Sexymobile will bill you immediately and then at various times in the future as applicable (but such that the amount you pay never exceeds the advertised service price for the amount of service access you have had). If you have insufficient funds in your phone account at the time of billing, Sexymobile will bill you periodically over a period of up to 90 days in order to collect any outstanding funds. Thereafter you will be automatically unsubscribed from the respective service. All prices includes VAT. Errors will be billed in full. All subscription services require the user to have a WAP enabled mobile phone. WAP & Bearer charges apply. No free Minutes or free sms’s For help, please call our Customer Care Line on 0822 301 234 (Vas Rates. Free minutes do not apply) Monday to Friday: 08h00 to 17h00, Saturday: 09h00 to 13h00 or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it Actual content may differ slightly form advertised content. Vodacom. MTN & Cell C users welcome. Sexymobile may contact you with offers or information by SMS or MMS. To opt out,sms STOP SMS to 3 617 5 (R0.50/SMS). Sexymobile does not guarantee the availability of content at discount prices, or the inclusion of content in any club offer. Rights restrictions dictate the content that may be included in any special offer. Sexymobile reserves the right to limit content available in any special offer or club offer.

		Sexymobile offers the following services:

		Desire Club:
		Join: sms DESIRE or SEX to 37574 (R4.99/day) To unsubscribe: sms STOP DESIRE to 39869 (R0.50/sms)

		Killa Knockers Club:
		Join: sms BIG to 37574 (R4.99/day) To unsubscribe: sms STOP BIG to 39869 (R0.50/sms)

		Lust Club
		Join: sms LUST to 37574 (R4.99/day) To unsubscribe: sms STOP LUST to 39869 (R0.50/sms)

		VIP Voyeur Club
		Join: sms VIP to 37574 (R4.99/day) To unsubscribe: sms STOP VIP to 39869 (R0.50/sms)

		Wet N Wild Club:
		Join: sms WET to 37574 (R4.99/day) To unsubscribe: sms STOP WET to 39869 (R0.50/sms)

		Playtime Club:
		Join: sms PLAY to 37574 (R4.99/day) To unsubscribe: sms STOP PT to 39869 (R0.50/sms)

		Uncut:
		Join: sms PORN to 37574 (R4.99/day) To unsubscribe: sms STOP UC to 39869 (R0.50/sms)

		Uncut Video:
		Join: sms UNCUTV to 37574 (R4.99/day) To unsubscribe: sms STOP UCV to 39869 (R0.50/sms)

		Strip N Dip Club :
		Join: sms STRIP to 37574 (R4.99/day) To unsubscribe: sms STOP STRIP to 39869 (R0.50/sms)

10.		COMPETITION TERMS & CONDITIONS

		The Promoters of this competition are Wireless Warriors (Pty) Ltd, from here on referred to as ("the Promoters"). The competition period will run from 1 February 2012 and will end at 24h00 on the 31th of March 2012 ("the competition period"). Should the competition period change for any reason whatsoever, the new dates will be published on the www.sexymobile.co.za (WAP) and will be immediately applicable from the date of publication. Prizes will be awarded in accordance with the Promoter´s systems and procedures and these terms and conditions. The Competition is open to all Sexy Mobile Subscription club members who are active during the competition period. Entry to the competition is free. All members get one automatic entry into the promotional competition. The prizes will be allocated in a random drawing process. Prizes: Each prize winner can win one of 5 sets of 10 preselected DVD titles. Images used in advertising are for illustration purposes only and should not be interpreted as an indication of the prize to be allocated. Please note: The prize includes explicit content and is not suitable to persons under the age of 18 years. The prizes are exclusively for the winners and are neither transferable nor exchangeable. Note: None of the DVDs can be swapped out or exchanged for alternative titles. Set is provided as is. Winners will be notified telephonically. If this contact number is no longer valid and the individual cannot be contacted in a reasonable period of time; he/she will therefore forfeit the prize. By accepting a prize, you agree that the Promoters will be entitled to publish your name, in any advertising, at the end of the competition period. The judges’ decision is final and no correspondence will be entered into. *The Promoters reserve the right to substitute or exchange any prize with another prize, of similar commercial value, without notice in their sole discretion. For any reason or cause beyond the control of the Promoters, including request, demand or order by a competent authority, the Promoters shall have the right to terminate the competition without notice of such termination. In such an event, all participants hereby waive any rights that they may have against the Promoters and hereby acknowledge that they will have no recourse or claim of any nature whatsoever against the Promoters, their directors, members, partners, employees, sponsors, agents or consultants. If entry procedures or these terms and conditions have not been adhered to, or if the Promoters detect any irregularities or fraudulent practices in connection with any entry, the promoters are entitled, in their discretion, to reject any entry/ies or any participant/s for any such reason, and will not be obliged to correspond with any person about the competition or any aspect of it. Incorrect or rejected entries will not qualify for any prizes. Any enquiries in connection with this competition can be directed to the Call Centre 0822 301 234 (VAS) The winner will be required to sign a receipt in acceptance of the prize. The winner has to 18 years of age or older and will be required to provide proof of identity. If the winner fails to provide proof of identity the prize will be forfeited. The winner will also be asked to sign an acknowledgement confirming that they are the genuine owner of the mobile number which has been selected as the winner of the competition. The receipt will be sent to the winner for completion by means of e-mail or Fax, and should be returned in the same manner. Wireless Warriors [Pty] Ltd endeavours to deliver the prize to the winner as soon as possible after the conclusion of this competition. Depending on the nature of the prize, and the verification of the winner, it may take longer to finalise the delivery of the prize. The prize will be delivered to the winner by a courier service employed by Wireless Warriors [Pty] Ltd. If the courier service does not deliver to the winner’s home address, for any reason whatsoever including the inaccessibility thereof, the winner will be provided a list of the closest possible delivery points and will be requested to select one. The winner will use and accept the prize at his/her own risk. Any claim, injury, loss, harm, damages, costs or expenses, including, without limitation, property damages, personal injury, personal disfigurement and/or death, arising out of participation in the Competition, or the acceptance, possession, use and/or misuse of the prize will indemnify the released promoter with respect thereto. Employees, immediate family members (children or sibling) of, or living in the same household as an employee of Wireless Warriors Pty (Ltd), or the Sponsor or their subsidiaries, affiliates, prize suppliers, advertising or promotional agencies may not enter the competition, and are automatically disqualified.