SX18 logo

SX18

TERMS & CONDITIONS

These are SX18's Terms & Conditions ("TERMS") and Privacy Policy and is provided by Ez Trade 496 CC. Before you use the service, you must read the TERMS and Privacy Policy below carefully. We recommend you print these out. By using the service, you agree to these TERMS. If you don't agree then you must not use the service.

1. Description of Services

SX18 offers downloadable cellular entertainment content, such as Ringtones, Games, Graphics, text sms's & other cellular data through its website, SMS (Short Message Service) services & USSD menus to certain compatible cellular devices (the "Service"). The Service may also include access to products & services of third parties. After proper registration & payment, you will be permitted to download certain products through the service to compatible cellular phones & other compatible devices.

2. Registration & Access to the Service

2.1 Access to the Service.
In order to use the Service you must be at least 18 years of age & have bill payer's permission. If you are under 21 (twenty one) then your parent or guardian should read and accept these terms of use and the SX18 Privacy Policy before you use any of the Services. The contract is void where prohibited. In order to use the Service, you must also have a cellular communications subscription with a participating carrier or otherwise have access to a cellular communications network for which SX18 makes the Service available, & pay any service fees associated with any such access. In addition, you must provide all equipment & software necessary to connect to the Service, including, but not limited to, a cellular handset or other cellular handset/device that's in working order & suitable for use in connection with the Service. You are responsible for ensuring that your equipment &/or software do not disturb or interfere with SX18's operations. Any equipment or software causing interference shall be immediately disconnected from the Service & SX18 shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products & services, shall be subject to the terms & conditions of this Agreement.

Use of any of our SX18 services constitutes the following:-
(1) Your use of any SX18's Service offered to you, will be subject to our most current version of these Terms & Conditions for SX18 Services and the SX18 Privacy Policy on this website at the time at which you use the Service.
(2) You, the user, understand that by using any of our SX18 Services, you acknowledge that you have read, understood and accept these terms of use and the SX18 TERMS & Privacy Policy.
(3) These terms of use and the SX18 Privacy Policy are not without legal force against you. Thus, when using our services and in particular when downloading any of our content, you are entering into a legally binding and enforceable agreement with us.

2.2 Contracts for our Service.
SX18 is offering its services as individual downloads or as a bundle of credits for a defined number of individual downloads on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products & services shall be deemed as a binding offer by SX18, but as an invitation for you to order. The contract for the ongoing Subscription Service between you & SX18 shall begin when SX18, upon your request, has provided you with access to the Service (such access may be based on a personal username & password generated for that purpose or on other data that SX18 deems sufficient for your identification). Access to the Service can be provided by delivering to you downloadable cellular entertainment content of the content category you subscribed to (e.g. by delivering a Ringtone or an text SMS, by your selecting a package on a USSD menu) or by enabling you to download the product (e.g. by delivering a WAP-Push link or a PIN for download of the downloadable cellular entertainment content on SX18 website) or by providing access to the cellular entertainment content (e.g. by enabling MSISDN for this product). The subscription period is one week, two weeks or one month depending on the type of the subscription contract. The Subscription contract & the subscription period will be renewed each week, every other week or each month as applicable & a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated &/or cancelled by you or SX18 according to Section 8 of these Terms. Contracts for the products & services of SX18 & independent third parties which are made available through the Service shall begin when SX18 or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or SX18 according to Section 8 of these Terms. The SX18 weekly/fortnightly/monthly subscription contracts/cellular packages include a certain defined number of credits which entitle you to download, receive &/or access that defined number of individual downloads of cellular entertainment content for a weekly/fortnightly/monthly flat fee. After entering into your subscription contract, every week/two weeks/month SX18 will transfer download credits to your account. The type & number of credits you are entitled to is dependent on the type of subscription you choose. The provision of credits & the making available of the possibility to download, receive &/or access cellular entertainment content is offered for a flat fee. The weekly/fortnightly/monthly flat fee shall become due every week/two weeks/month your subscription contract is valid irrespective of whether or not you actually download any content during any particular subscription period; the consideration for the weekly/fortnightly/monthly flat fee shall solely be the weekly/ fortnightly/monthly provision of the right to download, receive &/or access downloadable cellular entertainment content, in other words the making available of the respective download-, WAP- & SMS service credits. The number of credits for downloads shall be reduced by actual downloaded cellular entertainment content, in other words the download of cellular entertainment content is evaluated as redemption of one or more credits & thereby reduces the total number of downloadable cellular entertainment content you are entitled to download, receive &/or access with your subscription contract during that particular subscription period. Depending on the type of your subscription contract, if you do not use/redeem all your credits within the subscription period (1 week, 2 weeks or 1 month), the left over credits will either (1) be rolled over into the next subscription period & remain in your account until used/redeemed or until expiration or termination of your subscription contract or (2) will expire at the end of the respective subscription period. If you download cellular entertainment content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable SX18 retail rate for such additional downloads. Credits can only be used to download cellular entertainment content offered by SX18. If you purchased your SX18 product in a store or directly from SX18 or a third party, the contract shall be deemed concluded at the time of the purchase of the product.

2.3 Responsibility for the Use of the Service.
You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products & services made available through the Service. You agree to notify SX18 immediately in case you become aware of or suspect unauthorized use of your password or account or Subscription or any other breach of security, & to ensure that you log out of your account at the end of each session. SX18 cannot & will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge & agree that you will not use the Service for any commercial purposes.

2.4 Registration & Registration Data.
Upon your request, SX18 may register you as a user & provide you with access to the Service by allocating you a personal username & password. SX18 may need to change usernames allocated to certain aspects of its Services & reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products & services made available through the Service. You are solely responsible for maintaining the confidentiality of any possible password & account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (1) provide true, accurate & complete information about yourself as prompted by the registration form ("Registration Data") & (2) maintain & promptly update the Registration Data to keep it true, accurate, current & complete. If SX18 has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, SX18 has the right to suspend or terminate your account & refuse any & all current or future use of the Service (or any portion thereof). Prior to any such withdrawal SX18 shall temporarily withdraw the Service & notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

2.5 Access without Registration.
SX18 may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that SX18 deems appropriate. Identification is typically based on data identifying your Subscription, such as your cellular phone number. You agree that such information may be collected & disclosed to SX18 & used in accordance with Section 3.

2.6 Assignment.
You may not assign or transfer in any other way the contract or any of your contractual rights. SX18 shall have the right to assign its rights & obligations under this contract & any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

2.7 License to Download(s).
You acknowledge & agree that the Download(s) made available as part of the Service are owned by SX18, its affiliate &/or licensors, as applicable, & are protected by intellectual property laws. SX18 hereby grants, & you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download & use the Download(s) & the Service on a designated compatible cellular device solely for your own personal non-commercial use. You further acknowledge & agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

2.8 Interruptions or Discontinuation of Service.
SX18 may suspend the Service for repair, maintenance, &/or upgrade work. In such event, SX18 shall aim at keeping the said interruption short & at causing as little inconvenience to you as reasonably possible. SX18 reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by SX18 it will notify you of this fact & reimburse any pre-paid fees.

2.9 Contracts for Products & Services of Third Parties.
The Service may also include access to products & services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, SX18 shall indicate the products & services as third party content. Even though they may be co-br&ed with SX18 & therefore include SX18'S trademarks, the contracts for products & services provided by third parties are concluded directly between you & the third party. SX18 SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.

3. Privacy Policy

We are committed to protecting you privacy whenever personal information is requested from you because your privacy is important to us. Personal information identifies you as an individual rather than a number or name on a list. Please read this policy to understand how we collect and use information. This privacy policy applies to all the Services we offer. You acknowledge that SX18 collects & processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic & usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning & billing of our service, such as date regarding the start & end & the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your cellular phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts & district attorneys' offices, for legal proceedings & the prevention of crimes. Personal information collected by SX18 may be stored & processed in Germany or any other country in which SX18 or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. Your personal information, financial & demographic information will be deleted no later than six months after termination of your subscription. SX18 may store your information beyond this date if that is required by law or contract. We reserve the right to add to or change the terms of this Privacy Policy in our discretion, without prior notice to you. If we change this Privacy Policy, we will post the new Privacy Policy on this website, & it will become effective from the time of posting. Please visit this Privacy Policy on a regular basis to make sure you have read the latest version & you understand what we do with your information.

4. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITIES

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE & THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK & THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY SX18. Except in jurisdictions where such provisions are restricted, You agree that SX18's entire liability to you or any third person, & your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement &/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, SX18, its licensors & contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if SX18 has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, SX18's liability is limited to the extent permitted by law in such Country.

5. Indemnification

You agree to indemnify & hold SX18, its parent Company , subsidiaries, affiliates, officers, agents, directors, contractors, licensors & other partners & employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (1) your use of the Service, & (2) the breach by you of your representations & warranties set forth herein.

6. Intellectual Property Rights

Except as otherwise set forth herein, all right, title & interest in & to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("SX18 Intellectual Property Rights") are owned by SX18 or its licensors, & you agree to make no claim of interest in or ownership of any such SX18 Intellectual Property Rights. You acknowledge that no title to SX18 Intellectual Property Rights is transferred to you, & that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

7. Charges

7.1 Fees.
The weekly, fortnightly & monthly fees for the Subscription Service are available at SX18's USSD menus, Print & TV adverts & web site. The weekly/ fortnightly/monthly fee shall be charged for every subscription period the contract is in effect. You shall pay SX18 for the Services & the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you & your cellular operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the product you chose. SX18 may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.

All charges are non-refundable.

You will be billed a R5.00 (incl. VAT) subscription fee when you download your first item of content for any particular package and, unless you unsubscribe or are unsubscribed by us, a R5.00 (incl. VAT) subscription fee on a weekly/fortnightly/monthly basis thereafter for each package for which you are a subscriber. You are solely responsible for using the Services correctly and for obtaining the correct Content. All Content downloads will be billed irrespective of your mistakes. You will also charge at the standard bearer rates for all SMS, WAP and USSD interactions. Error will also incur standard bearer costs. You will be charged for Services provided to you irrespective of whether or not the content actually reaches the your handset/device. If your cellular handset/device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach your cellular handset/device. Although we endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of the content downloaded. A list of compatible handsets/devices is available on this site. It is important that you check this list before attempting to download any content.

When downloading cellular content using your cellular handset/device, all charges relating to such downloads will be levied directly against your mobile cellular services account by your service provider, including Subscription fees.
If you download cellular entertainment content in excess of the amount allowed by your selected subscription contract, then you agree to pay the applicable SX18 retail rate for such additional downloads.

7.1. Fee Changes.
All fees, including fees for existing subscription contracts, are subject to change upon notice from SX18. SX18 will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription &/or your account effective immediately upon termination.

7.2 Late Payments.
Any past due unpaid amount shall bear an annual interest of the Prime Interest rate or the highest interest allowed by applicable law, whichever is lower.

8. Termination & Cancellation of Services; Right to withdraw

To unsubscribe by text message, text "STOP ALL" to 31318 or dial *120*31318# and select STOP from the Main Menu or call 0861 11 11 06 during normal working hours (Mon to Fri 9am - 5pm; Sat to Sun 7am - 5pm). The termination of your subscription will become effective as soon as possible upon receipt of termination request. Charges may still appear on your cellular phone bill the following month as cellular operators bill retrospectively at through process delays. You agree that SX18, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services & remove & discard any content within such services, if you remain in breach of this agreement for more than seven days from notice of such breach. SX18 may cancel all or any of the Services (or individual services provided via the Services) if SX18 believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, SX18 may immediately deactivate or delete your account & all related information & files in your account &/or bar any further access to such files or the Service. Further, you agree that SX18 shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, SX18 will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS.
CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO STOP@SX18.co.za OR VIA POSTAL MAIL TO Ez Trade 496 CC, ADDRESS: PO Box 5999, Rivonia, 2128, SOUTH AFRICA, WHICH COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS & PHONE NUMBER, & BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.
Contact SX18 on Physical Address: 6 Whistlers Gate, Cedar Lakes, Randburg, Johannesburg, 2001. Email: support@sx18.co.za. Fax: 086 694 7354. Tel: 0861 11 11 06

9. Miscellaneous Provisions

9.1 Notices & Announcements.
Except as expressly provided otherwise herein, all notices to SX18 shall be in writing & delivered to the following address: Ez Trade 496 CC, PO Box 5999, Rivonia, 2128, SOUTH AFRICA. SX18 shall serve notices related to this contract by posting them on SX18 web site or by sending them to the postal address or e-mail address you have given to SX18 or as a text message to your cellular phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on SX18 Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

9.2 Changes of TERMS.
YOU ACKNOWLEDGE & AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY SX18 AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

9.3 Other terms, entire agreement.
These TERMS are in addition to any SX18 or third party terms & conditions applicable to products & services, which may be posted in connection with such products & services ("Specific Terms"). In case of any discrepancy between the TERMS & such Specific Terms, the latter shall prevail. These TERMS & any other terms or documents referred to herein represent your entire agreement with SX18 with respect to your use of the Service. You underst& & agree that, except as expressly set forth herein, this Agreement is not intended to confer & does not confer any rights or remedies upon any person other than the parties to this Agreement.

9.4 Severability.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, & the remaining portions shall remain in full force & effect.

9.5 Waiver.
SX18's failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, & will have no effect on the interpretation or legal enforceability of the terms herein.

9.6 Headings.
The section headings appearing in this Agreement are inserted only as a matter of convenience & in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

9.7 Survival.
In the event this Agreement terminates as provided herein, Sections 2.3, 2.8, 4, 5, 6 & 9 of these TERMS shall survive such expiration or termination.

9.8 Governing Law & Jurisdiction.
SX18 offers the Service in Johannesburg, South Africa. By accessing this website, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in South Africa in accordance with South African law. This website may be accessed throughout South Africa and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside South Africa . If you access this website from outside of the South Africa, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts & legal tribunals located in Johannesburg South Africa.
As a WASP we are bound by the Rules, Regulations and Code of Conduct set by the Mobile Regulatory Authority, WASPA. Should you have a comment, complaint or query please visit the WASPA website: www.waspa.org.za or to view the Code of Conduct go to http://www.waspa.org.za/code/index.shtml

10. Competitions

Current Competition: R100k Big Cash Competition



Congratulations To Our Winner of R10 000 Cash!

  • Charl Kennedy - King Williams Town

Congratulations To Our Winner of Airtime For A Year!

  • Donovan – Western Cape

Congratulations To Our R25 000 Festive Season Winners:

  • F.Ngaka
  • B. Mahashe
  • G. vela
  • N. Ndlebe
  • Siphe Mbali

Congratulations To Our October R10 000 Winner:

  • N. Jadezweni – Beaufort West

11. Force Majeure

We will be excused any failure to perform or delay in performance of any or all of our obligations hereunder as a result of an event of force majeure, including without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the world wide web, any outages of the internet or the mobile cellular or fixed telecommunications networks or connection thereto, governmental restraints and act(s) of legislature or any other cause outside our reasonable control. Copyright on www.SX18.co.za (including but not limited to text, photographs, graphics & software) is owned by or licensed to Ez Trade 496 CC. All rights are hereby reserved by Ez Trade 496 CC. Users may access content on www.SX18.co.za solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of www.SX18.co.za without the prior written consent of Ez Trade 496 CC.

Disclaimer

1. Content
The author reserves the right to waive responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. All offers are non-binding & without obligation. Parts of the pages or the complete publication including all offers & information might be extended, changed or partly or completely deleted by the author without separate announcement.

2. Referrals & links
The author is not responsible for any content linked or referred to from his pages - unless he has full knowledge of illegal contents & would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailing lists provided on his page.
If you receive a link to download a piece of content please note that if you do not download your content within three months the download link will be expired and there will be no refund for the content item.

3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use & payment of all offered services are permitted - if & so far technically possible & reasonable - without specification of any personal data or under specification of anonymous data or an alias. The use of published postal addresses, telephone or fax numbers & email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be penalized.

5. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.