MusicTime User Terms and Conditions

Please read the terms and conditions below carefully before you start to use the MusicTime App. If you do not agree to any of the terms below, you must not use the MusicTime App and, if you have already installed it, you must immediately uninstall it. If you use the MusicTime App, this will be treated as confirmation that you have read and agree to be bound by all of the terms and conditions below.

Please note: Please read clause 19 (Important Provisions) which contains important information on the various terms and conditions in these MusicTime Terms and Conditions which may affect your risks or your rights. We have also highlighted in bold various terms and conditions to which you should pay special attention.

1. Your agreement to these MusicTime User Terms and Conditions

• Progressive Tech Holdings Limited (Registration No. 117490 C2/GBL), a company incorporated under the laws of Mauritius (“we”, “us” and “our”) makes the MusicTime App (the "MusicTime App") available for use on mobile devices that are supported by us. The MusicTime App is made available by us to you. These MusicTime User Terms and Conditions (the "App Terms") govern your relationship with us and specify how you are permitted to access and use the MusicTime App and what you are specifically restricted from doing. These App Terms will apply to you from the moment that you first download, install, access and/or use the MusicTime App.
• There are certain additional terms and conditions which form part of these App Terms and will apply to your use of the MusicTime App. It is important that you read and understand these additional documents and terms and conditions. If you disagree with anything in these additional documents and terms and conditions you must immediately cease your use of the MusicTime App. In particular, the following documents and terms and conditions, as they may be updated by us, will apply to your use of the MusicTime App and form a part of these App Terms:
  • The privacy policy available at https://musictime.africa/terms/Home/PrivacyPolicy (the "Privacy Policy");
  • The additional terms and conditions which may apply to different products, services, content, features, functionality and offerings that we may make available on or through the MusicTime App. These additional terms and conditions are available at https://musictime.africa/terms/Home/TermsAndConditions; and
  • The terms and conditions that apply to promotions or competitions that we may run, which are available at https://musictime.africa/terms/Home/TermsAndConditions.
• We may sometimes update these App Terms. When we do this, we will post the revised App Terms on our website https://musictime.africa/terms/Home/TermsAndConditions or at the links referred to in the section above (where the changes relates to the additional documents or terms and conditions referred to above). We will let the MusicTime App users know (for example, by showing a message when you log in to the MusicTime App, or in another wat we decide) that the App Terms have changed. It is your responsibility to read the updated App Terms and understand the changes to them. If you disagree with anything in the updated App Terms, you must not use the MusicTime App and, if you have already installed it, you must immediately uninstall it. If you continue to use the MusicTime App following the update, we will treat this as confirmation that you have read, understood and agreed to the updated App Terms.
• We may translate these App Terms into multiple languages. If there are any differences between the English version and any other language version of these App Terms, the English version will be the controlling one (to the extent that this is permitted by applicable laws and regulations).

2. Use of the MusicTime App

• The MusicTime App allows authorised users to stream music and related content and, in limited circumstances, allows users to download music and/or content onto a device that has been approved by us, as described in more detail below.
• The MusicTime App can be used on a mobile device running certain versions of the Android and iOS operating systems, which you can access the Internet. We may also issue a version of the MusicTime App that can be used on other operating systems.
• The MusicTime App requires an internet connection. You are responsible for paying any charges to your service provider and/or any other third party that may be applicable to your use of data, voice and/or text services when using the MusicTime App. If your service provider has entered into an agreement with MusicTime, your use of the MusicTime App, or portions of the MusicTime App, may be zero-rated.
• You may only use the App for your own private, non-commercial use.
• We may update the MusicTime App and any information or material on it at any time but we give no guarantee that such updates will continue to support your mobile device. However, we will have no responsibility to provide any corrections, updates or releases in connection with the MusicTime App.
• We may terminate, suspend, withdraw or restrict the availability of all or any part of the MusicTime App or add, change or remove any features of the MusicTime App at any time and for any reason. You understand and agree that we may do so without telling you in advance.
• The MusicTime App is not intended for use in any country where its use would violate local law or would subject us to any regulations or liability there. We reserve the right to limit our provision of the MusicTime App in any country at any time, if we consider it appropriate in the circumstances.

3. Registration and Your Account

• You must register with us and create an account in order to access and use the MusicTime App.
• You may not use the MusicTime App if you are younger than 12 years of age. If you are younger than 18 years of age, your parents or another competent adult must consent to these App Terms on your behalf. You must immediately delete the MusicTime App from your device if you are younger than 12 years of age, or if you are younger than 18 years of age and your parents have not given their consent to these App Terms.
• You may only use the App and create an account if you are a natural person. You may not create an account for, or use the App for the benefit of, a juristic person (such as a company, trust or other artificial entity).
• When registering to use the MusicTime App, you must give us correct and up to date information and provide your current mobile phone number (which is also called the Mobile Station International Subscriber Directory Number, and which we will refer to as your “Mobile Number”). You must register to use the App with one Mobile Number on one active device only. You cannot, for example, create one account to use the MusicTime App with two different Mobile Numbers. Please note that it is not possible to change the Mobile Number that you have registered with us to use the MusicTime App.
• We may send you (and you agree to receive) an SMS text message with a code to register for the MusicTime App.
• You should not download and/or use the MusicTime App on a mobile device that you share with anybody else. You may not let anyone else use your account or the App.
• You must not use the MusicTime App on any mobile device or operating system that has been modified in a way not approved by the manufacturer of the mobile device or the provider of the operating system. Such unauthorized modifications include, for example, devices that have been “jail-broken” or “rooted”.
• You are responsible for:
  • Keeping access to your MusicTime App account and the MusicTime App on your mobile device safe and secure and making sure that it is not accessed by or accessible to others;
  • All activity taking place using the MusicTime App on your mobile device or through your MusicTime App account; and
  • Making sure information shown or stored or your mobile device is kept secure.

4. Content

• You understand and agree that:
  • we will not verify or approve any information, materials, communications, correspondence and other content that is sent, uploaded, submitted or communicated via the MusicTime App by us or users of the MusicTime App, including profile pictures (the “Content”), and we are not responsible for the suitability, accuracy, availability, correctness or completeness of any Content;
  • the views and opinions expressed by you and/or any views or opinions expressed by other users of the MusicTime App or in any Content do not represent our views or opinions; and
  • to the maximum extent permitted by law, we are not responsible for, and will have no liability for, any Content which is offensive, or which violates any laws or your rights or the rights of others.
• You must make sure that any Content that you send, submit, upload or otherwise communicate via the MusicTime App, including your profile picture, would not in any way:
  • be unlawful, hateful, abusive, discriminatory, threatening, obscene, explicit, offensive, inflammatory, libellous or defamatory; and/or
  • infringe, or encourage or suggest the infringement by others of, applicable laws, regulations or rules (including, for example, the intellectual property rights of anyone).
• We may take any action we deem necessary where we identify Content or user behaviour that contravenes these App Terms, including, for example, suspending a user’s access to the MusicTime App or deleting their account. We may also contact and report user behaviour information to law enforcement agencies in accordance with applicable laws.
• We may take any action we deem necessary where we identify Content or user behaviour that contravenes these App Terms, including, for example, suspending a user’s access to the MusicTime App or deleting their account. We may also contact and report user behaviour information to law enforcement agencies in accordance with applicable laws.
• Some of the Content that you may be able to access on the MusicTime App may be made available to you on the MusicTime App by third parties (the "Third Party Content"). This Third Party Content is not under our control, and we are not responsible for and do not endorse any Third Party Content or the terms and conditions that may be applicable to such Third Party Content. You will need to make your own independent judgment regarding your interaction with the Third Party Content, including the purchase and use of any Third Party Content. You must familiarise yourself with the terms and conditions, and the privacy policy, that may be applicable to such Third Party Content.
• You understand and agree that, as third parties will make Third Party Content available on the MusicTime App, you may be exposed to explicit, abusive or inappropriate Third Party Content. You must report to us any Content or behaviour that is inappropriate or abusive or which you think is not consistent with these App Terms . You can do so by contacting us on support@simfy.africa. In the event that you report any Content to us (or should any other user report your Content to us), we will access and review such Content in order to investigate the complaint.

5. Prohibited activities

• You must not do (or try to do), and you must not encourage or help anyone else do, any of the following:
  • alter, modify or adapt all or any part of the MusicTime App;
  • transfer or otherwise allow any other person to access or use your account within the MusicTime App;
  • use the MusicTime App in a way which breaches any law, rule, order or regulation (whether the violation of law is intended or not) or in a way that contravenes these App Terms or the Privacy Policy;
  • use the MusicTime App in way that causes, or is likely to cause, the MusicTime App or access to the MusicTime App for anyone to be interrupted, damaged or slowed in any way;
  • use a virtual private network, a proxy server or any similar form of technology to access the MusicTime App and/or to attempt to bypass any geographical restrictions that we may impose in relation to your use of the MusicTime App;
  • make the MusicTime App available to third parties;
  • use the MusicTime App for commercial purposes;
  • use the MusicTime App to send unsolicited advertising or promotional material for personal or commercial solicitation including, for example, “spam”, “junk mail”, “chain letters” or “pyramid schemes”;
  • use the MusicTime App to knowingly send, upload or otherwise communicate any Content that contains viruses, Trojan horses, ransomware, malware, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • use the MusicTime App in any way not expressly authorised by us.

6. Privacy

• The Privacy Policy will be made available to you when you access the MusicTime App and will apply to you from the moment you first download, install, access and/or use the MusicTime App, and is also available at https://musictime.africa/terms/Home/PrivacyPolicy. The Privacy Policy forms part of these App Terms.
• In order to register and be able to access and use the MusicTime App, you will be asked to provide certain personal data, such as your name and your Mobile Number.
• By using the MusicTime App, you consent to our use of your personal data. For more information about how your personal data is used, please see our Privacy Policy, available at https://musictime.africa/terms/Home/PrivacyPolicy.

7. Advertising content on the MusicTime App

• We may include advertising or commercial content on the MusicTime App. You agree that we may integrate, display and otherwise communicate such advertising or commercial content to you through the MusicTime App, to target communications to you, to create a marketing profile of you, or to contact you through other marketing channels chosen by us (including in the ways described in our Privacy Policy).

8. Charges

• Your mobile network operator may charge you for standard text and/or mobile data charges when accessing and using the MusicTime App and these charges may vary if you access the MusicTime App when abroad. You are responsible for these charges and any other fees (including but not limited to any carrier and roaming fees) or taxes in connection with your use of the MusicTime App.
• There are a number of products and packages available for you to purchase on the App. In addition, you may also purchase these products and packages from the microsite https://www.musictime.africa. The prices for these products and packages are set out in the App and on the microsite, and include value-added tax and/or goods and services tax (unless expressly stated otherwise). In some cases, you will be able to purchase products and packages using airtime (if your mobile network operator has agreed to this with us). We may also make, in our sole discretion, certain Content available on the MusicTime App available to you at no charge, subject to the further provisions of these App Terms and such restrictions or conditions that we may determine from time to time.
• Please note that when you purchase a subscription service (regardless of the period of the subscription that you select on the App or the microsite):
  • you will be immediately billed and thereafter on an on-going basis (in accordance with the prices and billing periods set out in the App and/or on the microsite) until you cancel your subscription or your account is terminated in accordance with these App Terms;
  • you will be required to provide us with current, complete and valid billing details at the time that you purchase a subscription service (your “Payment Details”) and you hereby authorise us to charge you the amounts stated on the App and/or the microsite using your Payment Details;
  • you must ensure that you keep your Payment Details updated and that you have sufficient funds available to pay for your selected subscription service;
  • if you change your Payment Details, you must immediately let us know by updating your details on the MusicTime App or via the microsite;
  • you acknowledge that the amounts billed to you may vary for reasons that include, without limitation, differing amounts due to promotional offers such as vouchers and promotional code redemption and/or changing your package or subscription selection;
  • we may increase the amounts payable for a subscription from time to time, and we will notify you in advance of the price change on the MusicTime App or the microsite. If you do not wish to continue your subscription at the changed price, you must cancel your subscription before the end of your current subscription period; and
  • if a payment is not successfully made or collected, due to expired or incorrect Payment Details, insufficient funds or any other reason, you remain responsible for any uncollected amounts and you authorised us to continue to bill you via your Payment Details until such time that we have successfully collected all amounts owing to us. Please note that this is in addition to any of our other rights under these App Terms, including the right to suspend your access to the MusicTime service and/or the Content available via the MusicTime App. Even if we suspend your subscription, you will still be responsible for all uncollected amounts which are due to us up until we suspended or cancelled your subscription.
• We are not responsible for any acts, failures, delays or omissions on the part of any third party, bank, payment aggregators or payment facilities providers for the purposes of making payments.
• You will not be able to stream music on the App unless you have a positive account balance (meaning that you have purchased the relevant product and/or package on the App or the microsite) or we otherwise elect to make particular Content available to you without charge.
• Please note that products and packages purchased on the App and/or the microsite will expire if they are not used within a certain period (the “Expiry Period”). The Expiry Period will be stated on the App and the microsite. You will be liable for the fees applicable to any product and/or package, even if you do not use it before the end of the relevant Expiry Period.
• Please note that any errors on your part (including selecting the wrong product and/or package) will be billed to you in full, and you will be liable for this amount.

9. Intellectual property rights

• We are the owner (or the licensee) of all intellectual property rights in and to the MusicTime App, and in the material or information published on it (apart from the Content). That material and information includes works protected by copyright laws around the world. You must not (or try to), and will not encourage or help anyone else to, do any of the following:
  • copy or reproduce any part of the MusicTime App;
  • remove or tamper with any copyright notice attached or contained within the MusicTime App;
  • copy or reproduce any trade marks, service marks, logos or branding published or displayed in the MusicTime App; and
  • reverse engineer, decompile, disassemble or decipher the MusicTime App or otherwise try to get the source code for (or any part of) the MusicTime App.
• We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable (if you delete your MusicTime App account or if we terminate your right to use the MusicTime App) licence for the limited purpose of using the MusicTime App on your mobile device, always subject to these App Terms.
• You grant us a non-exclusive, perpetual, royalty-free, transferable, sublicensable, worldwide, irrevocable and unrestricted licence to use, distribute, reproduce, display, store and copy any information (including any Content) that you create, upload, send, submit, store on or via the MusicTime App for the following purposes:
  • to provide and operate the MusicTime App;
  • to comply with any law, rule, order or regulation or the order of any court, enforcement agency or any other authority of competent jurisdiction; and
  • to perform our obligations and exercise our rights under these App Terms.
• You must promptly inform us if you become aware that the Content does or may infringe the rights (including intellectual property rights) of others.

10. Suspension and Termination

• You can, at any time, delete your account in the MusicTime App which will terminate your use of the MusicTime App. Please note that deleting the MusicTime App from your mobile device will not delete your account. If you have purchased a subscription from us, you must separately cancel that subscription within the MusicTime app or in the mobisite, in addition to delete the MusicTime App from your mobile device.
• If you delete your MusicTime App you will no longer be able to access any of the Content associated with it. However, please note that deleting your account will not delete the information other MusicTime App users retain in relation to you such as copies of messages or other information you have sent them. Additionally, we may also retain copies of certain information, such as log records, in the manner contemplated in the Privacy Notice.
• We can, at any time, suspend your use of the MusicTime App if:
  • in our opinion, there are any security risks or concerns related to your use of the MusicTime App;
  • we think or suspect, in our opinion, that the MusicTime App has been used fraudulently or in an unauthorised way, or in breach of these App Terms or the Privacy Policy;
  • there are obligations we have to meet under any laws and regulations;
  • there are operational reasons that require us to suspend your use of the MusicTime App; or
  • we consider it necessary in the circumstances.
• We may terminate your right to use the MusicTime App and/or delete your account with immediate effect and with or without notice:
  • if, in our opinion, you have breached these App Terms or the Privacy Policy;
  • if the manufacturer of your mobile device, the provider of your mobile device operating system and/or your mobile network operator no longer supports or permits the use of the MusicTime App;
  • if we stop supporting the MusicTime App on your mobile device or the operating system it runs;
  • your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, your mobile network provider or other MusicTime App users; or
  • whenever we may otherwise consider it necessary in the circumstances.
• Access to the MusicTime App may be interrupted or suspended from time to time, including, for example, for maintenance or upgrades. We will generally try to tell you of such interruptions and suspensions in advance. We may notify you by sending you a message when you log in to the MusicTime App, push notifications, or SMS, or in any other way. However, sometimes we will not have the opportunity or time to do that, including, for example, if we need to fix something urgently or if it would comprise our reasonable security measures or if it is unlawful for us to do it.
• We will not be liable for any losses to you or anyone else which result from any interruption or suspension of the MusicTime App service, or from you not being aware of it in advance.
• If your right to use the MusicTime App has been terminated or you have deleted your profile on the MusicTime App:
  • these App Terms may no longer apply but any provisions of these App Terms that by their nature should continue to apply after termination of these App Terms will continue to apply. This includes (but is not limited to) all provisions relating to intellectual property (except for your license to use the MusicTime App, which will end automatically when your right to use the MusicTime App is terminated or your App account is deleted), liability, indemnities and choice of law; and
  • we can disable, reclaim and reuse your account name, user ID and other identifiers you have used in connection with the MusicTime App.

11. Liability

• The MusicTime App is provided “as is” and on an “as available” basis with no representations or guarantees as to performance or functionality. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the MusicTime App or any information or material on it, whether express or implied, including, for example, fitness for purpose, merchantability, freedom from viruses or other contaminating or destructive properties, availability, loss of data or non-infringement. You understand and agree that:
  • communications sent over the internet are not guaranteed to be completely secure and may be subject to possible interception, monitoring, delay, disruption, loss or alteration; and
  • we are not responsible for, and will have no liability in respect of, any interception or monitoring of communications or Content by third parties, or any delay or failure in transmitting communications or Content, or loss or alteration of any communications or Content sent or submitted via the MusicTime App.
• We do not guarantee the suitability, accuracy or completeness of any such information or material we publish or make available on the MusicTime App and we reserve the right to change it at any time without notice.
• To the fullest extent permitted by law, our total liability to you for any losses, damages, liabilities, costs, expenses or charges, whether in contract, tort, including negligence, or otherwise in connection with the MusicTime App and these App Terms will not be greater than USD $50. This means that, in the event that you successfully pursue a claim against us, you will not be able to receive more than USD $50 unless the laws in your country do not allow this.
• To the fullest extent permitted by law, we will not be liable to you for:
  • any losses, damages, liabilities, costs, expenses (including but not limited to legal fees) or charges (whether arising in contract, tort, including negligence, or otherwise); and/or
  • any indirect, special, incidental or consequential damages or losses, including (but not limited to) loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with:
    • your use or attempted use of the MusicTime App;
    • your inability to use the MusicTime App;
    • any failure, interruption, unavailability, delay, defect, error or omission in the MusicTime App; and/or
    • any other matters arising otherwise in connection with the MusicTime App or these App Terms,
    regardless of whether we had been advised of or were aware of the possibility of such losses or damages being incurred.
• Nothing in these App Terms limits or excludes or limits our liability for fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability that cannot be limited or excluded by law.
• This clause 11 (as well as every term and condition in these App Terms) apply to the fullest extent permitted by applicable laws. You may have additional rights under those laws, which differ, or supplement, the rights described above. If this is the case, nothing in this clause 11 (or anything else in these App Terms) should be interpreted to mean that you have forfeited these rights, where the law does not allow this.

12. Indemnity

• You indemnify us against any liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) suffered or incurred by us as a result of or in connection with:
  • any breach by you of these App Terms; and/or
  • any Content you send, upload, submit or otherwise communicate using the MusicTime App.
• You indemnify us against any loss or damage that we may suffer or incur arising from or in connection with any breach by you of our intellectual property rights.

13. Communications

• We may sometimes contact or notify you (in connection with these App Terms or for other reasons) by showing a message when you log in to the MusicTime App, push notifications, SMS, or in any other way. We will communicate with you in English, and we expect that you will communicate with us in English as well.

14. Abnormal and unforeseen circumstances

• We are not responsible if we do not comply with any of these App Terms, or if the MusicTime App malfunctions or does not operate as expected:
  • due to circumstances beyond our reasonable control; or
  • due to our obligations under any laws or regulations.

15. No limitation to your legal rights

• Nothing in these App Terms will reduce any rights you are entitled to under the law in your country (including any rights under applicable consumer protection regulation).

16. Third Party Rights

• No person other than you and us will have any rights under the Contracts (Rights of Third Parties) Act 1999 (or equivalent third party rights legislation in any other relevant country) to benefit from or enforce any of the provisions of these App Terms.

17. Additional provisions

• If, for any reason, we fail to enforce any right or remedy under these App Terms, this will not constitute a waiver of, and will not restrict in any way, our right to exercise that or any other right or remedy.
• If any provision of these App Terms is found to be illegal, void, invalid or unenforceable (in whole or in part) by any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the other part of that provision or the other provisions of these App Terms which will remain in full force and effect.
• You must not novate, cede, delegate, assign or otherwise transfer any of your rights or obligations under these App Terms to anyone else.

17.1 Governing law

• These App Terms and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter or formation, will be governed by and interpreted in accordance with the laws of England and Wales.
• The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with these App Terms or their subject matter or formation.

18. Contact us

• If you want to contact us for any reason, please email our customer support team at support@simfy.africa.

19. Important Provisions

Under the laws of certain countries, we are required to point out certain important provisions in these terms and conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is also very important that you read all of these clauses carefully and not just what we say below.

• Limitations of risk, legal responsibilities and liability. Clauses 2, 3, 4, 5, 8, 10 and 11 are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited and excluded. These clauses also limit and exclude your right to recover or make claims for losses, damages, liability or harm you or others may suffer.
• Assumptions of risk, legal responsibilities and liability by you. Clauses 3, 4, 5, 8, 9, 10 and 12 are important because you take on risk, legal responsibilities and liability. As a result of these clauses, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these clauses.
• Acknowledgements of fact by you. Clause 1 is important because it contains statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true. We may take action against you and may have claims against you as a result of these statements.
• Your indemnification obligations. Clause 12 requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that that may be suffered by us and other persons or entities as a result of the events set out in this clause. You also required to indemnify us and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in this clause. This places various risks, liabilities, obligations and legal responsibilities on you and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.

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