TERMS AND CONDITIONS
- The terms and conditions stated below (“Terms & Conditions”) apply to South African version of bSmarter Premium Subscription Service ("bSmarter" and/or "Service") offered online via the Internet by Cellon Ltd. Reg. number 514235852 (“Cellon”), a company incorporated under the laws of Israel and presently having its registered office at HaYetsira 29, Ramat Gan 52521, Israel.
- The End-user requests the bSmarter service from Cellon. These will be delivered by Cellon to End-user via the network of any mobile communication provider (“Operator”) with whom the End-user has a subscription or a prepaid-agreement, Internet, WEB, WAP, SMS, MMS or other means.
- bSmarter is a knowledge game, in which participants required to answer trivia questions from different fields of knowledge. By answering to the questions the users may score points for correct answers. The users can improve their knowledge by reading the topics related to the questions for they were asked. As a bonus, the users can win different prizes for their participation. The winner is the player who scored the most number of points in the shortest possible time in any round during the game.
Sign-up / Registration
- To enter bSmarter service, the End-user must enter his mobile phone number and/or some other details and/or information via the promotion web page ("Landing Page") provided by Cellon.
- Then the End-user will receive an SMS to his mobile device, with Personal Identification Number ("PIN code") or so called offer message with service information. By entering the received PIN code on the landing page and/or sending the confirmation message and/or using the service the End-user acknowledge and confirm that read the Terms & Conditions, is authorized mobile phone bill holder or have the consent of the mobile phone bill payer to use this service.
- The End-user will receive confirmation SMS message of successful activation of bSmarter service, method, frequency and cost of the Service receipt, as well as precise unsubscribe details.
- bSmarter is ongoing subscription service.
- The fee for bSmarter subscription will be R5/day. The fee will be charged on mobile phone bill.
- The End-user can cancel the subscription at any time. To cancel the service, the End-user should send SMS with text "STOP" to the short number 37643.
Costs and Fess
- As stated above, bSmarter service costs R5, charged on End-user's mobile phone bill every day.
- The charging method is by Premium MT SMS messages sent to the End-user based on their request for the bSmarter service. This message will contain the login details to the bSmarter service.
- Fees for the bSmarter service are collected by Operators.
- Charges are debited against the End-user's account by the Operator; in the case of a pre-paid subscription, charges are deducted from the End-users credit balance. The End-user hereby expressly grants his or her authorization for charging, and commits to payment in full for the charges incurred as a result of subscribing and/or using the bSmarter service.
- If you are not the person responsible for paying the mobile bill, please obtain the permission of the payer of the mobile before subscribing and/ or using the bSmarter service. By subscribing and/or participating in the Service, Cellon presumes that End-user has obtained the necessary permission, consent or approval from the payer of the mobile bill, guardian or parents.
- All SMS messages sent by End-user will be charged by End-user's mobile operator for standard tariff. These tariffs can differ per operator. Please contact your GSM Operator for more information on the charges imposed by them.
- As addition to the service, valuable prize will be awarded to the best End-user.
- The competition for the prize starts at 1st of every annual quarter at 00:00:00 o'clock and lasts three months ("Competition Period").
- Per each Competition Period there is only one (1) prize that will be awarded
- The competition consists of a number of rounds. Every day new round starts.
- The End-user will have to compete against other End-users from Souht Africa and the ones that used the bSmarter service during the same Competition Period.
- Every round consists of 5 questions. To answer the questions (and by this way to participate in the game round) the End-user should login to his/her private game zone via the URL address http://za.bsmarter.mobi Logging details are sent after the registration process and on every day to all subscribers via SMS text message.
- Only paid End-users (the End-users that were successfully charged for the service) will receive the login details.
- The End-user who subscribed to bSmarter service and answered correctly on most trivia questions in the shortest possible time in any round during the competition period, wins the prize promoted on the signup web page.
- If, at the end of competition, multiple End-users have scored the same score within the same time, the winner will be determined in a final round ("Tiebreaker"). The End-users qualified for the final round will be informed by SMS. In the final round, these qualified End-users will receive one question via SMS and must answer (also via SMS) correctly and as quick as possible. The Tiebreaker question will be sent at a fixed date, about which the End-users will be informed. The End-user, who was the fastest to answer correctly to the question, wins.
- All End-users are entering the same competition through several available promotions. The promotions may advertise different prizes. The winner will get the prize that was advertised on Landing Page through which he entered to competition.
- The winner will be contacted by phone by Cellon representative or by local customers support office.
- At the end of each competition period, the winner's name will be published at bSmarter web site. The results are final and binding and no correspondence will entertained.
- Within 10 workdays after the closing of the competition, the winner will be personally contacted via the mobile number used to subscribe to the bSmarter Service. Upon being notified as the winner, the winner have 14 days from the date of notification to provide Cellon or their local representative winners address to which the prize is to be sent to and his photo. If winner fails to provide the address to send the prize to and/or his photo or not be in contact with Cellon within 14 days after being notified, the prize won will be forfeited and Cellon shall no longer be required to give winner the prize. The prize will then be given to the second place winner with also the same 14 days' time period to collect or providing Cellon the forwarding address to send the prize to.
- The prize will be delivered to the winner within 28 days upon Cellon received winner's address for delivery.
- Cellon reserves the right to replace the item of equal or greater value as an alternative to replace any of the prizes in whole or in part. The prize must be accepted as offered, and is not transferable or severable.
- Cellon reserves the right to utilize all winners images, photograph, name and area of residence for all future promotion, publicity or marketing purpose without getting prior consent or notice or paying the winner.
- The Cellon makes every effort in verifying and ensuring the accuracy and integrity of content provided on the bSmarter Service. However, we do not warrant that the content provided on the bSmarter Service is by all means free of all errors and inaccuracies and the user shall not have any claim or any right to appeal in the matter.
- You may use the Service for your own personal non-commercial use.
- The term bSmarter and any other trademarks, service marks and/or trade names used by the Cellon on the Service from time to time (the "Trade Marks") are the trademarks, service marks and/or trade names of the Cellon or one of its group companies or its licensors and these entities reserve all rights to such Trade Marks. In addition, other content on the Service, including, but not limited to, the Games, images, pictures, graphics, photographs, animations, videos, music, audio and text belongs to the Cellon or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Service, you obtain no rights in the trademarks or the Service Content other than as specified in this Agreement.
- In particular, under no circumstance may you copy any Service Content (including without limitation trivia questions, answers, or games) or use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Service.
- The use of the bSmarter and/or Website of Cellon takes place at the end-users own risk. End-user must provide all compatible mobile phone, hardware or other devices and software and ensure that they are in working order and suitable for the bSmarter services. Cellon cannot guarantee that the BSmarter services meet the requirements of the end-user and that the download, receipt and/or viewing of the BSmarter services shall be free of interruption or errors.
- If at any time the End-user is unable to make uninterrupted use of the bSmarter Services, this shall in no way lead to any right to reduction of the charges for the bSmarter Services nor to any right to restitution of payments previously paid.
- Any usage of the bSmarter services are at the end-users own discretion and risk and that under no circumstances shall Cellon be held liable for damage of any kind, including but not limited to infections or contamination or loss of data or damage(s) of the end-userss hardware and/or software resulting from access to the Website or use of the bSmarter services or downloaded bSmarter services, including the hardware and software required to connect to the bSmarter services. It is the responsibility of the end-users to take the necessary measures to avoid potential damage of this nature.
- In the event that Cellon for any reason whatever is held liable to compensate the end-user for direct or consequential damage of any kind, such compensation shall on no account exceed the invoice value of the bSmarter Services paid by the end-user for the alleged damage.
- The contents of the Website have been compiled with the greatest care. However, Cellon cannot provide any guarantee as to the nature, accuracy or content of this information. Cellon shall not be held liable for any errors, omissions, inaccuracies, misunderstandings, delays or illegible orders or notifications pursuant to the use of the Internet, or the applicable information point.
- Complaints concerning the operation of the Service may be lodged by phone call to 011 062 1402 in business days from 9:00 till 17:00 or in writing to Cellon address.
- Each complaint must contain at least a mobile phone number, a brief description of the problem complained about, the date and time of its occurrence, and the End-user details (including its full name, postal address and e-mail address(
- Complaints are handled by Cellon within 5 days, calculated from the working day following the day on which Cellon has received a complaint.
- Any disputes relating to the implementation of thes Terms and Condtions shall be resolved by the competent common courts.
- Cellon reserves the right to change these Terms and Conditions from time to time. Changes shall be notified to end-users by posting on bSmarter Website.
- Please send all correspondence regarding the bSmarter Services or these Terms & Conditions to Cellon address.