Terms and Conditions for Rain Services

Definitions:

"Affiliate" means, in relation to Rain, any other person directly or indirectly controlling, controlled by or under its common control.

"Coverage Area" means the estimated coverage of the Service as illustrated by the coverage map available on the Rain Website (https://www.rain.co.za/)

"Customer" means a South African citizen, 18 years or older

"Delivery Fee" means the total amount a Customer is required to pay for the delivery of an order, as indicated from time to time on the Rain Website

"Device" means the following: Huawei E5573; Huawei E5885; and Huawei E5788, and includes any other device sold or otherwise made available by Rain from time to time

"Privacy Policy" means the privacy policy to be read together with these terms and conditions

Push Notifications means messages (via SMS and email) that will appear on a device that are sent by a publisher of an app at any time whether or not the user has the app open and/or is using the device at the time

"Rain" means Rain (Pty) Ltd including its Affiliates, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2004/004890/07

"rain app" means the online application software that is provided by Rain that may be installed or downloaded from an online application store on a mobile device (including any smartphone and/or tablet) for the purpose of the Service

"Rain Call Centre" means the call centre available on (081) 610-1000 which can be contacted for support in relation to the Services and/or Devices supplied by Rain

"Rain Channel" means the Rain Website and the rain app/s that provides relevant information about the Service, offers a joining process, and functionality to manage the Service

"Rain Website" means the website operated by Rain (https://www.rain.co.za/)

"RICA" means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002

"Service/s" means the mobile nomadic data services offered by Rain within the Coverage Area

"SIM-Card" has the meaning given in RICA

General

The terms and conditions set out in this document ("Terms and Conditions for Rain"), apply to the Services provided by Rain and the use of the rain app.

Defined and capitalized terms used in these Terms and Conditions for Rain have the meanings given in Part 1 – Definitions. Customers must pay attention to the meanings that have been given to these defined, capitalized terms when reading these Terms and Conditions for Rain.

Customers acknowledge and understand that access to and use of the Services and the rain app and Rain Channel is provided in accordance with these Terms and Conditions for Rain.

By registering for Rain Services, Customers indicate to Rain that: they have read and understood these Terms and Conditions for Rain, they have accepted that these Terms and Conditions for Rain will be binding on them, and, they agree to comply with these Terms and Conditions for Rain. If you do not agree to or accept these Terms and Conditions for Rain, such Customer must not register as a Customer on the Rain Website to receive the Services.

Customers acknowledge and understand that the general terms and conditions governing use of the Rain Website (which terms and conditions are accessible at https://www.rain.co.za/legal) ("Terms and Conditions for the Use of the Rain Website") form part of these Terms and Conditions for Rain by reference, which means that the Terms and Conditions for the Use of the Rain Website apply also to any Customer’s registration for the use of the Services via the Rain Website, and to any other uses of the Rain Website.

Customers acknowledge and understand that Rain, as provider of the Service, may amend or change these Terms and Conditions for Rain from time-to-time. Where Rain changes the Terms and Conditions for Rain, the amended version will be made available on the Rain Website. Customers agree to check the Rain Website regularly for any amended version of the Terms and Conditions for Rain.

By using the Rain Services after Rain has amended or changed these Terms and Conditions for Rain, Customers acknowledge and understand that they have accepted and agreed to the relevant amendments or changes.

Your Account and Use of the Services

If you are making use of the Rain Channel, it is your responsibility to keep your access details (including your username and password) confidential and not allow other people to make use of these details. You accept full responsibility for all activities that take place using your access details as well as responsibility for the sharing of such information with another party.

Rain will use all reasonable technical and organizational measures to protect the integrity and confidentiality of your information submitted via the Rain Channel.

Any use of your access details by another person will be regarded as if you were the person using such access details. If you suspect a breach of your access details, you must inform Rain without delay and, on receipt, Rain may deactivate your access details and account. Rain will not be responsible for any losses suffered by you due to the unauthorized use of your account.

There are certain requirements that you will need to meet when creating a username and/or password. Rain may, from time to time, change these requirements and as such you may be required to update your user name and/or password.

The following actions amount to a material breach of these Terms and Conditions for Rain and, if applicable, Rain may, in its sole and absolute discretion, deactivate your account and terminate your use of the Service:

The full disclosure of all relevant information

For the purposes of providing the Services to you, Rain requires certain personal and financial information from you. You must ensure that this information is kept up-to-date and accurate.

You warrant that you have disclosed all required information in full and agree that any transaction between you and Rain may be cancelled by Rain if this requirement is not met.

Ordering Services and Devices

Orders for Services and Devices may only be placed through the Rain Website.

You can cancel the agreement for Services within 7 (seven) days after you sign-up for Services on the Rain Website, without charge except for the Delivery Fee. If you wish to cancel the agreement you must do so on the Rain Website.

Rain reserves the right to obtain general credit reference enquiries about you to check the correctness of the information that you furnish. Rain shall also be entitled to provide any information relating to your account and compliance with these terms and conditions to any credit bureau.

Rain SIM-Card

SIM-Cards may be purchased on the Rain Website or at a kiosk.

Customers are limited to make use of one Rain identity as part of the Service, and 10 (ten) SIM-Cards, this shall include SIM-Cards that have been cancelled by the Customer.

If, upon receipt of the SIM-Card, you discover any fault or defect, please immediately contact the Rain Call Centre for assistance.

Customers shall be limited to 3 (three) SIM-cards per purchase at kiosk, up to a maximum of 10 (ten) as per paragraph 6.2 above.

A SIM-Card will be activated and Services will commence within a period of 24 (twenty-four) hours from the delivery or collection thereof to or by the Customer or his or her agent.

SIM-Cards will be provided with a default spend limit of R1500. Customers may choose to turn off or adjust the spend limit, once they have logged in via the dashboard after.

You are not allowed to hand-over, transfer or give a SIM-Card issued to you to a third party, other than a family member, without the written consent of Rain. It is your responsibility to notify us as soon as possible if you intend to give a SIM-card to someone else and the hand-over or transfer can only take place once you have received written approval from Rain and the new user has been registered and verified for RICA purposes. When you notify Rain that you wish to transfer a SIM-Card issued to you to a third party other than a family member you must provide us with your full name, surname and identity number, as well as the full name, surname and identity number of the third party, so that we may complete the RICA registration with that third party. A failure to provide this information is a criminal offence. We reserve the right to immediately terminate the Service if you transfer a SIM-Card issued to you without our consent and without providing the required information to us as required by RICA.

Should a SIM-Card issued to you be lost, destroyed or stolen, it is your responsibility to notify a police official within a reasonable period. You are also responsible to reduce your spend limit to your current balance, in order to avoid further charges. You must also notify Rain of any such loss, destruction or theft so that the SIM-Card can be cancelled and deactivated.

In the event that you no longer require your SIM-Card, please dispose of it after cancelling the SIM-Card on the self-service dashboard.

Rain SIM-Card Delivery

SIM-Cards may be collected by the Customer or delivered. Collection is only available for SIM-Cards.

Collection points will be displayed on the Rain Website. Collection times are from 8am – 5pm, and a rain Agent is required to be present in order to RICA the customer.

Device/s

You may only purchase one Device/s for each Rain SIM-Card issued to you, subject to the limits on the permissible number of SIM-Cards that may be issued to a Customer.

Returns and Refunds

If you are not satisfied with your purchase of a Device, you have 7 (seven) days from delivery of the Device to contact the Rain Contact Centre to exchange the Device/s for a similar device or return the Device/s in exchange for a refund at no charge, provided:

If a Device is damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 (seven) days of delivery by contacting the Rain Contact Centre.

Warranty

We strive to ensure that the Devices we supply are of a high quality, in good working order and without defects. A defect is a material imperfection in the manufacture of a Device or any characteristic of a product, which makes the Device less acceptable than one would reasonably be entitled to expect in the circumstances. A defect does not include faults resulting from normal wear and tear, or damage arising from negligence, user abuse or incorrect usage of the product and the like.

If you have received a Device that is defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 (twelve) months after delivery.

Once we have inspected the Device and validated your return, we will at your choice repair / replace the Device (if such repair is possible / we have the same product in stock to use as a replacement) or refund you if that is your preference.

Unfortunately, we cannot facilitate returns that fall outside of the 12 (twelve) month period.

Device Delivery

Your Device/s must be ordered via the Rain Website. When you place an order you will be require to insert your delivery details.

Devices will be delivered, provided stock is available, together with the SIM-Card/s ordered.

If the Device the Customer wishes to order is out of stock when purchasing a SIM-Card, Rain will contact the Customer via email to notify them as soon as stock is available. The Customer may then contact the service-centre to initiate the process. Payment for the Device will be processed (excluding standard Delivery Fee) prior to delivery.

Fees and Payment

Rain is committed to providing you with PCI compliant, secure online payment facilities and all transactions will be encrypted using the appropriate encryption technology.

International cards are not accepted via our payment facility.

A once off fee of R50 shall be payable for all SIM only products.

Payment for Services, Devices and the Delivery Fee may be made by way of a credit or debit card. You will need to enter the details of your credit or debit card when you place an order for Services and/or Devices.

Payment for SIM-Cards purchased at a kiosk may be made by way of the credit card.

Payment for the Delivery Fee will be debited from your account once your order is confirmed on the Rain Channel.

By placing an order for Services and/or a Device/s via the Rain Channel, you accept and agree that we may use the card details that you provided with your Rain account in order to collect payment of the Delivery Fee, for the Device/s and as well as your monthly Rain account fee, by means of a debit.

The card details provided on the Rain channel can be in respect of a debit card or a credit card. Only local cards are allowed.

If you wish to make payment by credit card, there may be additional information that is required to authorize or verify payments. In such cases, you accept that we are entitled to withhold delivery of an order until such time as the additional information is received by us and authorization has been obtained by us for the relevant amount/s. You warrant that you are fully authorized to use the credit card or debit card supplied. You also warrant that your credit card or debit card has sufficient funds available to cover the total cost/s to be debited from the account.

The reference on your card statement for the payment will be to "Rain."

You will have 150 (one hundred and fifty) days after the processing of your payment to dispute any transaction.

The delivery of all orders will incur the Delivery Fee.

You will only be billed for the data that you use. All data usage will be billed at the end of the month (including pro-rated fees, if applicable).

If Rain is unable to process your monthly bill, the data services on all of your SIM-Cards will be suspended until payment has been received.

You are able to manage your monthly spend by setting your spend limit at a desired amount. In the ordering process, Rain will set this limit at a default of R1500, it is a customer’s responsibility to adjust the spend limit accordingly.

Please ensure that you regularly view your usage by logging in and viewing your dashboard.

In the event that you reach 100% of your spend limit and choose not to increase it before the next billing date, then Rain will suspend your services as per your selected plan.

Your spend limit can be adjusted as and when required on your dashboard which can be accessed via the Rain Channel. Spend limit changes happen in near real time.

RICA

You will be required, upon the delivery of the SIM-Card/s, to provide the courier with your RICA documents in person, to complete the RICA registration process as required for the purposes of section 40 of RICA. This requirement shall also apply for the collection of SIM-Cards and when purchasing a SIM-Card at a kiosk.

The RICA documents that must be provide are: a valid identity document or passport, a copy of your identity document or passport, and a copy of valid proof of address, which is not older than 3 (three) months.

It is necessary for you to carry out the RICA registration process in person, and therefore you are required to be present for the delivery of the SIM-Card. Please ensure that you are available when the SIM-Card is delivered.

Should you fail to present yourself for the delivery of the SIM-Card, fail to provide any of the required documents or information, or if Rain is unable to verify the information that has been provided, Rain reserves the right to refuse access to the Service.

The RICA registration process is required for all SIM-Cards, including any replaced SIM-Cards.

Services

The Service is only compatible with LTE-compatible devices. Please visit the following website for relevant details: www.gsmarena.com. Alternatively, contact our customer support desk via the Rain Channel or Rain Call Centre.

Should you, upon receipt of the SIM-Card, discover any fault or defect, please immediately contact the customer care line for assistance.

Coverage Area

The Service will only be provided within the Coverage Area.

Rain does not guarantee that you will have network coverage, even if you appear to fall within the Coverage Area based on the coverage map.

Please ensure that you regularly visit the Rain Website to view the updated coverage map.

Due to the nature of the Service, and the Coverage Area, Rain is not liable in circumstances where the network is not available and you are unable to make use of the Service outside of the Coverage Area.

Notifications

To receive Push Notifications, you will be required to agree in the rain app that these may be sent to your mobile Device. You can opt-out of receiving Push Notifications at any time via the rain app or by de-installing the rain app.

Rain may contact you by telephone, text message, email or Push Notification (where activated) on the mobile number provided by you or on your behalf in connection with your account and in accordance with the Privacy Policy.

Contact Support Centre

If you need to contact Rain for any reason or if you need to lodge a complaint please contact customer support at the Rain Call Centre via the Rain Channel, or send us an email (support@rain.co.za).

ACCEPTABLE AND FAIR USAGE POLICY

INTRODUCTION

This Acceptable and Fair Usage Policy ("Policy") sets forth the principles that govern the use by customers of the Services provided by Rain (Pty) Limited ("Rain"). This Policy is designed to:

As a member of the Internet Service Providers Association, Rain subscribe to a code of conduct which protects both the customer and Rain. The complete ISPA Code of Conduct can be found at www.ispa.org.za.

APPLICABLE DOCUMENTATION

Rain reserves the right to revise, amend or modify this Policy from time to time, by posting a new version of this document on the Rain website at https://www.rain.co.za/ (or any successor URL(s)). All revised copies of the Policy are effective immediately upon posting and shall supersede any previous versions. Accordingly, customers and users of the Service should regularly visit our website and review this Policy to ensure that their activities conform to the most recent version of Policy documentation. In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of this Policy will govern. It is the responsibility of all Rain customers ("customer", "you" or "your"), and all others who have access to Rain’s network, to comply with this Policy and all Rain policies. Additionally, it is the responsibility of customers of Rain to secure their computer equipment so that it is not vulnerable to external threats such as viruses, spam and other methods of intrusion. Failure to comply with these or any other Rain policies could result in the suspension or termination of the Service. If you do not agree to comply with all of these policies, including this Policy, you must immediately stop using the Service and notify Rain so that your account may be closed. Rain reserves the right to terminate the Service and the Rain Specific Terms and Conditions immediately if you engage in any of the prohibited activities listed in this Policy, or if you use the Service in any way contrary to any Rain policies.

PROHIBITED USES AND ACTIVITIES

Prohibited uses include, but are not limited to, using the Service to:

Undertake or accomplish any illegal or unlawful activity. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, discriminatory, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local or international law, order or regulation;

Post, store, send, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

Attempt to gain unauthorised access to any other person's computer or computer system, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other hosts, networks or accounts;

Use or distribute tools designed or used for compromising or circumventing security, such as, but not limited to, password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorised by the destination host and/or network. Unauthorised port scanning, for any reason, is strictly prohibited;

Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;

Copy, distribute or sublicense any software provided in connection with the Service by Rain or any third party;

Restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;

Restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Rain (or Rain supplier) host, server, backbone network, base station, node or service, or otherwise cause a performance degradation to any Rain (or Rain supplier) facilities used to deliver the Service;

Use the Rain network in a manner that exceeds the then current bandwidth, data storage or other limitations on the Rain Service, or puts an excessive burden on the limitations of the Rain network;

Connect multiple computers behind the user terminal to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy;

Transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;

Transmit messages that contain threatening, abusive, illegal or libellous material;

Send numerous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup or chat service;

Distribute programs that remove locks or time-outs built into software (cracks);

Initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;

Participate in the collection of e-mail addresses, screen names or other identifiers of others (without their prior consent) – a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;

Collect responses from unsolicited messages;

Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature or perform any other similar fraudulent activity;

Service, alter, modify or tamper with the Rain Equipment or Service, or permit any other person, who is not authorised by Rain, to do the same;

Collect, or attempt to collect, personal information about third parties without consent;

Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and/or

Violate the rules, regulations or policies applicable to any network, server, computer database, or website that you access.

SECURITY

You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorised access to the Service by, for example, strictly maintaining the confidentiality of your username and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device. Rain cautions customers that are enabling file or printer sharing of any sort, unless you do so in strict compliance with all security recommendations and features provided by Rain and the manufacturer of the applicable file or printer sharing devices. Any files or devices you choose to make available for shared access on a home LAN, for example, should be protected with a strong password or as otherwise appropriate

SECURITY OF RAIN NETWORK AND SYSTEMS

Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through of Rain) and includes, but is not limited to, the infrastructure of Rain itself.

The user may not circumvent user authentication or security of any host, device, network or account (referred to as "cracking" or "hacking"), nor interfere with the service to any user, host, device, or network (referred to as "denial of service attacks"). The host, device, network or account shall also not be used for any illegal purpose, including phishing.

Where it is found that there is a violation of the Rain system or network security is breached by the user, this may result in civil or criminal liability.

Rain reserves the right to investigate incidents involving such violations and will involve and cooperate with law enforcement officials of the South African Police Services or any other law enforcement officials worldwide if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

INAPPROPRIATE CONTENT AND TRANSMISSIONS

Rain reserves the right to refuse to transmit or post, and to remove or block, any information or material, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful. Neither Rain nor any of its affiliates, suppliers or agents have any obligation to monitor transmissions or postings (including, but not limited to, e-mail, newsgroup, and instant message transmissions, as well as materials available on the Personal Web Pages and Online Storage features) made on the Service. However, Rain and its affiliates, suppliers and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block or remove them in accordance with the Rain Specific Terms and Conditions and any other applicable agreements and policies.

ELECTRONIC MAIL

The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy. Moreover, unsolicited e-mail may not direct the recipient to any website or other resource that uses the Service.

Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering or removing electronic mail headers is prohibited. You may not reference Rain or the Rain network (e.g. by including "Organisation: Rain" in the header or by listing an IP address that belongs to Rain or the Rain network) in any unsolicited e-mail, even if that e-mail is not sent through the Rain network or Service. Maintaining of mailing lists by users of Rain is only accepted with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses, or addresses of unwilling recipients, those addresses must be promptly removed. Users may not forward or propagate chain letters nor malicious e-mail. Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as protection for both themselves and the Internet at large. Mail servers that are not secured against public relay often become abused by unscrupulous operators for spam delivery, and upon detection such delivery must be disallowed. Rain reserves the right to examine users’ mail servers to confirm that their server is not a public relay, and the results of such checks can be made available to the user. Rain also reserves the right to examine the mail servers of any users using Rain mail servers for "smart hosting", content filtering or similar services, at any time, to ensure that the servers are properly secured against public relay. All relay checks will be carried out strictly in accordance with Rain’s Privacy Policy. Rain is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted or stored temporarily at Rain's sole discretion. In the event that Rain believes in its sole discretion that any subscriber name, account name or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Rain reserves the right to block access to and prevent the use of any such identifier and may at any time require any customer to change his or her identifier.

In addition, Rain may at any time reserve any identifiers on the Service for Rain’s own purposes.

NEWSGROUPS

Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions ("FAQs") for those newsgroups, as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Rain reserves the right to discontinue access to any newsgroup at any time for any reason.

The Subscriber acknowledges that excessive cross-posting (i.e. posting the same article to a large number of newsgroups), posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) and related unwanted communication in this platform are all forbidden.

INSTANT MESSAGES

Users alone are responsible for the contents of their instant messages and the consequences of any instant messages. Rain assumes no responsibility for the timeliness, non-delivery, deletion or failure to store instant messages.

NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

You must comply with all current bandwidth, data storage and other limitations on the Service established by Rain and its suppliers. In addition, you may only access and use the Service with a dynamic Internet Protocol ("IP") address that adheres to the dynamic host configuration protocol ("DHCP"). You may not access or use the Service with a static IP address or using any protocol other than DHCP, unless you are subject to a Service plan that expressly permits otherwise. You must ensure that your activity (including, but not limited to, use made by you or others of any Personal Web Features) does not improperly restrict, inhibit or degrade any other user's use of the Service, nor represent (in the sole judgment of Rain) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Rain's ability to deliver the Service and monitor the Service, backbone, network nodes, and/or other network Services. Notwithstanding that you can potentially use multiple devices, you acknowledge that Rain’s services have a limit on capacity, determined by the maximum possible download capacity of a single device

USAGE AND UNCAPPED RULES

The Subscriber acknowledges that Rain is unable to exercise control over the data passing over the infrastructure and the Internet, including, but not limited to, any websites, electronic mail transmissions, newsgroups or other material created or accessible over its infrastructure. Therefore, Rain is not responsible for data transmitted over its infrastructure, but may terminate the Services:

COPYRIGHT INFRINGEMENT

Rain is committed to complying with South Africa’s copyright and related laws and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted in terms of South African copyright law.

Copyright owners may report alleged infringements of their works that are stored on the Service by sending Rain's authorised agent a notification of claimed infringement. Upon Rain's receipt of a satisfactory notice of claimed infringement for these works, Rain will respond expeditiously by either directly or indirectly (i) removing the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disabling access to the work(s).

Rain will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Rain. Upon Rain's receipt of a counter-notification, Rain will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement. In all events, you expressly agree that Rain will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

PROTECTION OF MINORS

You must ensure that when children access the Internet Services they do not access websites that have illegal content, including, but not limited to, pornographic content and gambling.

You also guarantee that you will lock the Internet Services with a password to prevent unmonitored access.

VIOLATION OF ACCEPTABLE AND FAIR USGAE POLICY

Rain does not routinely monitor the activity of Service accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Rain has no obligation to monitor the Service and/or the network, Rain and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Rain users. Rain prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that Rain or its suppliers, in their sole discretion, believe violates this Policy, Rain or its suppliers may take any responsive actions they deem appropriate.

These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service. Neither Rain nor its affiliates, suppliers or agents will have any liability for any of the responsive actions. These actions are not Rain's exclusive remedies and Rain may take any other legal, technical or financial action it deems appropriate.

Rain reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Rain's servers and network. During an investigation, if Rain decides to investigate, it may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorise Rain and its suppliers to cooperate with law enforcement authorities in the investigation of any suspected legal violations in order to enforce this Policy. This cooperation may include Rain providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, physical address and other account information. Upon termination of your account, Rain is authorised to delete any files, programs, data and e-mail messages associated with your account. The failure of Rain or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold Rain and its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from you engaging in any of the prohibited activities listed in this Policy, or resulting from your violation of the Policy or of any other posted Rain policy related to the Service. Your indemnification will survive any termination of the Rain Specific Terms and Conditions.

Rain reserves the right, at its sole discretion, to take action against other types of abuse not listed herein and to investigate or prevent illegal activities being committed over Rain’s network.

ABUSE AND COMPLAINT PROCEDURE

If you suspect that you have been the victim of activities that are in violation of the Policy or the Rain Specific Terms and Conditions, the Rain network abuse department will take appropriate action to investigate and attempt to resolve the alleged violation. If you feel that you have been a victim of Internet abuse that took place in part or completely on the Rain network, please report the incident to support@rain.co.za. If available, please provide the following information:

Emails with full header information provide all of the above, as do syslog files. Different situations will require different methods of providing the above information.

MANAGING ABUSE

In the case of individual users, Rain can/will suspend the user’s account and withdraw all the user’s network access privileges completely; institute legal charges against the offending parties for administrative costs as well as for machine and human time lost due to the incident.

Where it is deemed that the cases are severe, Rain will suspend the access of the user’s entire network until abuse can be prevented by appropriate means; take the action deemed appropriate that may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code; implement appropriate technical mechanisms and other processes in order to prevent usage patterns that may violate this Policy; share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.

Any one or more of the steps listed above, in so far as they are deemed necessary by Rain in its sole discretion, may be taken by Rain against the offending party.

RAIN WEBSITE AND ONLINE SERVICES: GENERAL TERMS AND CONDITIONS:

This document sets out the terms and conditions that apply to the Rain website and online services (“General Terms and Conditions”).

These General Terms and Conditions were last updated on 28 November 2018.

By using and/or accessing any of the pages available on this site as well as any of the online services, you accept and agree to comply with the General Terms and Conditions contained herein. We recommend that you print a copy of this for future reference.

Your access to and use of our website, is subject to these General Terms and Conditions, as well as any other policy documents available on the Rain website.

Please leave the website and stop using the online services if you do not agree with the General Terms and Conditions.

The provisions of these General Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. These provisions may result in your being responsible for paying additional costs and amounts and we may also have claims and other rights against you.

To the extent that any services or goods provided under these General Terms and Conditions are governed by the CPA, no provision in these General Terms and Conditions is intended to contravene the applicable provisions of the CPA, and therefore all provisions of these General Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure compliance with the applicable provisions of the CPA to the extent it may be applicable.

Definitions:

"CPA" means the Consumer Protection Act 68 of 2008, as amended, varied, novated or substituted from time to time;

"ECTA" means the Electronic Communications and Transactions Act 25 of 2002, as amended, varied, novated or substituted from time to time;

"General Terms and Conditions" has the meaning set out above

"intellectual property" shall includeall and any intellectual property including, without limitation: (a) all patents and applications therefor and all reissues, divisions, renewals, extensions, provisionals, continuations and continuations-in-part thereof; (b) all inventions (whether patentable or not), invention disclosures, improvements, proprietary and confidential information, trade secrets, know-how, technology, technical data, utility models, topography rights and customer lists, and all documentation relating to any of the foregoing; (c) all copyrights, copyright registrations and applications therefor, and all other rights corresponding thereto; (d) all industrial designs and any registrations and applications therefor; (e) all internet uniform resource locators and domain names and all goodwill associated with or pertaining to any of the foregoing, (f) all trade names, business names, logos, slogans, designs, rights in trade dress or get-up, common law trade marks and service marks, trade mark and service mark registrations and applications therefor and all goodwill, rights to sue for passing off, and unfair competition rights, associated with or pertaining to any of the foregoing; (g) all software, databases and data collections and all rights therein; (h) all moral and economic rights of authors and inventors, however denominated; (i) all social media accounts including all log in and password details to such accounts and content; and (j) all rights arising out of or associated with any of the foregoing, including all rights to sue and recover damages for past, present and future infringement, misappropriation, dilution or other violation of any of the foregoing; and (k) all rights or forms of protection having equivalent or similar effect to any of the aforementioned, which may subsist in any country in the world;

"online services" means provision of access to our website and any other service we offer electronically via our website;

"personal information" has the meaning given in POPIA;

POPIA means the Protection of Personal Information Act 4 of 2013, whether or not fully in force and effect, and as amended, varied, novated or substituted from time to time;

"our site", "site", "our website" and "website" means the website with the address www.rain.co.za, or any other website notified by us from time to time, or any website with a URL that is validly registered to Rain;

"us", "our", "we" and "Rain" means Rain (Pty) Ltd, a company registered in accordance with the laws of the Republic or South Africa, with registration number 2004/029951/07; and

"you" and "your" means any person who enters or uses the site, including any legal guardian acting on your behalf.

Use of the website and online services

The Rain website may only be used for lawful purposes.

You warrant that you will not use the website and online services in any of the following ways:

You may not for purposes other than your personal use and/or non-commercial use, store or print copies of the website. You may not cache information provided by the site on your own server and copy, adapt or modify or re-use the content of the website without the prior written consent of Rain.

You also agree

RAIN DOES NOT GUARANTEE THAT THE SITE, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. ACCESS TO THE SITE IS PERMITTED ON A TEMPORARY BASIS. WE MAY SUSPEND, WITHDRAW, DISCONTINUE OR CHANGE ALL OR ANY PART OF OUR SITE WITHOUT NOTICE.

RAIN IS NOT BE LIABLE TO YOU IF FOR ANY REASON THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

You are responsible for ensuring that all persons who access the site through your internet connection are aware of these General Terms and Conditions and other applicable terms and conditions, and that such persons comply with them.

Should you commit a breach of this provision, you agree that we are entitled to report such breach to the relevant law enforcement authorities and to co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, the online services and any content contained therein will cease immediately.

Disclaimer

Whilst we take all reasonable steps to keep the information up to date and correct, and to ensure the proper performance of the website and online services, we make no representations, warranties or guarantees of any kind, express or implied, about the completeness, accuracy, sufficiency, reliability, suitability or availability with respect to the website or the information, products, services or related graphics or other content contained on the website for any purpose. ANY RELIANCE THAT YOU PLACE ON SUCH INFORMATION AND THE USE OF THE ONLINE SERVICES IS THEREFORE STRICTLY AT YOUR OWN RISK.

The content on the site is provided for general information only. It is not intended to amount to advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site. IF YOU DO RELY ON INFORMATION ON THE SITE OR TAKE ANY ACTION OR REFRAIN FROM TAKING ACTION ON THE BASIS OF SUCH INFORMATION, WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY SUFFERED BY YOU AS A RESULT THEREOF.

To the extent permitted by applicable law, in no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, and/or loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Rain does not guarantee that the site and the contents thereof, or the use of the site, the contents, Rain servers nor any electronic communication sent by Rain, is free of bugs, viruses or any other harmful or potentially harmful or destructive components or code, will be uninterrupted, complete, timely and/or secure. You are responsible for configuring your information technology, computer programmes and platform in order to access our site and the online services. You should use your own virus protection software.

The site, online services, information, content and material contained on this website is made available for general information purposes only and is provided an "as is" and "as available" basis. It is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Rain provides you with the site on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these General Terms and Conditions, might have effect in relation to the site.

Our site and the online services are primarily, but not exclusively, intended for use by users from and within South Africa. While our site and the online services are available for use by users from and within countries other than South Africa, we cannot guarantee that our site or online services comply with the applicable law of, or is appropriate for use in, other jurisdictions. You acknowledge and accept that unless expressly stated otherwise, your use of our site and online services shall be subject to and in accordance with the law of the Republic of South Africa.

If you have any comments about our site or the online services, or believe that there is any untrue, inaccurate, illegal, infringing or harmful content or material on our site or the online services, or would like to provide us with any other feedback, please contact us at info@rain.co.za.

Hyperlinks to third party sites

This site may contain hyperlinks to third party sites. Rain holds no responsibility for the nature, content and availability of such sites. The hyperlinks do not constitute an express or implied endorsement sponsorship, affiliation or recommendation by Rain whatsoever. The sites are provided for customer convenience and for your information only. The website and online services provided by third parties are used at your own risk. Rain accepts no responsibility, and cannot be held liable, for any damages whatsoever resulting from or related to the website and/or online services being temporarily unavailable due to technical issues beyond our control. WE HAVE NO CONTROL OVER THE CONTENTS OF THOSE SITES (OR ANY AMENDMENTS THERETO) OR RESOURCES, AND CANNOT BE HELD LIABLE FOR ANY LOSS CAUSED, OR LIABILITY INCURRED BY YOU, AS A RESULT OF YOUR USE OF SUCH SITES AND RESOURCES, OR ANY CONTENT CONTAINED ON SUCH SITES.

Suspension or Termination

We will determine, in our sole discretion, whether there has been a breach of these General Terms and Conditions through your use of our site and/or the online services. When such a breach has occurred, we may take such action as we deem appropriate, including but not limited to all remedies listed in clause 5.2 below.

Failure to comply with these General Terms and Conditions may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of these General Terms and Conditions. The remedies described above are not limited, and we may take any other lawful action we reasonably deem appropriate.

Liability and Indemnification

NOTHING IN THESE GENERAL TERMS AND CONDITIONS EXCLUDES OR LIMITS RAIN’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY SOUTH AFRICAN LAW.

WE WILL NOT BE LIABLE TO ANY YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

RAIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE, OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

To the full extent permitted by the law, you indemnify and hold Rain harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages that may arise directly or indirectly from a breach of the General Terms and Conditions by you, or arising out of or in connection with the failure or delay in the performance of the online services and/or your use of the online services, excluding losses caused by the gross negligence or intentional misconduct by Rain.

Rain is not liable for the failure to perform any obligations as a result of any circumstances which may be out of Rain’s reasonable control, including but not limited to any technical problems related to the network operations, the terminations of the licenses to operate the network, an act of God, government intervention, restrictions or prohibitions due to government act or omission, act of default or lapse by any supplier or subcontractor or sub processor, industrial disputes and/or any other cause that is beyond the control of Rain. In the event of such circumstances, Rain’s obligations shall be delayed accordingly.

You accept that some of the information, content, tools or materials on the site come from external sources, and you agree that Rain is not responsible nor liable for any of the information and content that has been received from these external sources.

Changes and/or amendments to these General Terms and Conditions and /or the Site

Rain reserves, to the fullest extent permitted by law, the right to alter, delete and/or insert (change) any terms and conditions (including these General Terms and Conditions), content, online services and the like contained herein and on the site.

Any changes made, to these General Terms and Conditions or to any other terms and conditions, may be made by Rain at any time and may be made without prior notice or explanation to you. Such changes will be made available on the site and your continued use of the site will mean that you accept and agree to such changes. Please check this page from time to time to take notice of any changes we may have made, as they are binding on you from the date of posting. We will endeavour to post prior versions (including marked changes) of these General Terms and Conditions, if any, for the preceding 12-month period. You can see these prior versions by sending us an email requesting the relevant version. We may also, at our discretion, notify you of such changes, BUT WE ARE UNDER NO OBLIGATION TO DO SO AND IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE ON A REGULAR BASIS TO ENSURE THAT YOU ARE MADE AWARE OF THE TERMS OF THESE GENERAL TERMS AND CONDITIONS AS UPDATED FROM TIME TO TIME.

In addition, Rain may make changes to the material on the site, the online services, or to the products and services described in it, at any time without notice. The material on the site may be out of date, and Rain makes no commitment to update such material. In addition, Rain may alter, modify, upgrade, update, suspend or remove the site or any part hereof without notice. We do not guarantee that the site, the online services or any content or material on the site will be free from errors or omissions.

Please ensure that you familiarize yourself with the contents of this site on a regular basis.

Electronic Communications

The following terms and conditions shall apply to all electronic communications (and attachments) that are transmitted to you by Rain:

By visiting the site or sending us emails, you agree that we may communicate with you electronically.

Any electronic communication sent to you from Rain, will be regarded to have been received by you, upon being sent by us. This includes, but is not limited to mobile push notifications.

You accept that all agreements, notices, disclosures and other communications that are sent to you electronically, meet any legal requirement that communications shall be in writing.

The contents of any electronic communication are subject to the terms and conditions contained in any applicable governing agreement

The complete and accurate transmission of information, the electronic communication itself and delay in receipt thereof, is not the responsibility of Rain.

Phishing and Spoofing

Should you receive an email that appears to be from Rain, and that requests you provide personal information or verify your account by clicking on a link, you have in all probability been sent an email from a “spoofer” or “phisher”

You will not be asked to provide personal information in an email, and we suggest that you do not respond to such email and do not click on any links that may have been included. Rain will not be held liable for any consequences resulting from your response to an email sent by a “phisher” or “spoofer” and any response you provide is at your own risk.

Minors

The site is not intended for use by anyone under 18 years of age without the express consent of any such person’s legal guardian. As a condition of your access and/or use of the site, YOU WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER AND HAVE LEGAL AUTHORITY TO AGREE TO THESE TERMS OF USE, OR THAT YOU ARE NOT 18 YEARS OLD OR OLDER AND HAVE OBTAINED THE EXPRESS CONSENT OF YOUR GUARDIAN TO USE THE SITE. If you are not 18 years of age or older or do not have the express consent of your guardian to use the site, you are not authorized to access the site.

These General Terms and Conditions are entered into between you and Rain and you warrant that you are over the age of 18 and are legally able to enter into contracts. In the event that you are not over the age of 18, or are not able to legally able to enter into contracts, your parent or guardian warrants that he or she is able to do so on your behalf.

Software and Equipment

It is your responsibility to obtain and manage, at your own expense the necessary means to access and use our website and online service provided and/or download the contents thereof. Rain shall in no way be held responsible for the acquiring, use and disposal of such software and equipment.

Minors

While all reasonable steps shall be taken by Rain to ensure that the content of the website and online services provided and information collected is not accessed or disclosed to unauthorized third parties, we do not make any warranties or representations in this regard.

While Rain has implemented policies, processes and technology aimed at protecting the personal information provided by users of the website, which are updated as necessary, you agree that we are not responsible for the policies and procedures of the sites that you may access through links from our website.

Internet communications are by nature, inherently insecure and unless that have been encrypted. We therefore assume no responsibility or liability in terms of any personal information whatsoever that be intercepted or lost, beyond our reasonable control.

Disclosures required in terms of ECTA

Admission to the online service and transactions entered into through the website may be classified as “transactions” under ECTA and therefore you may be entitled to the rights as defined under the ECTA.

Accordingly, Rain provides the following information:

Intellectual property

The intellectual property on this site, the content and all material published on it, and the online services, is owned and/or licensed by Rain, any use thereof requires Rain's prior written consent. All our rights remain strictly reserved.

You may print off one copy, and may download extracts, of any page(s) from the site for your personal use and you may draw the attention of others within your organisation to content posted on the site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text

Rain’s status (and that of any identified contributors) as the authors of content on the site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from Rain or its licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at Rain’s option, return or destroy any copies of the materials you have made.

Applicable Law

The website is hosted, controlled and governed by the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts by accessing and using the site. The General Terms and Conditions must therefore be construed in terms of the laws of the Republic of South Africa.

General

If Rain fails to exercise any particular right or provision, this does not constitute a waiver of any right or provision of these General Terms and Conditions, unless Rain expressly waives such right or provision in writing.

These General Terms and Conditions are severable. Thus, if any provision contained herein is held to be illegal, invalid or unenforceable, that provision is deemed to be deleted without affecting the remaining provisions.

These General Terms and Conditions constitute the entire agreement between us and you, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter, including but not limited to any and all prior versions of these General Terms and Conditions that may have been published on our site.

A. PRIVACY POLICY

Rain is committed to protecting your privacy and personal information and complying with applicable data protection and privacy laws in South Africa when you access our site or make use of the Rain Services, and accordingly, shall take all reasonable steps, including technological, procedural and controls, to protect your personal information. Any personal information that you provide when accessing Rain will be used and retained in accordance with this Privacy Policy and all other relevant codes and standards. This Privacy Policy is intended to inform you of the privacy practices that apply to your access and use of the Rain Channel and Rain Services, and to explain how we collect, store, use, transfer and disclose your personal information. We also describe the kinds of information that Rain collects from you.

Information that we may collect from you

We use the term “personal information” or “personal data” to mean information that relates to you. Personal information includes, for example, your name, contact information including your cell phone number, email address, identity number, age, gender, income, ethnic group and information relating to your education, criminal, employment, and/or financial history. Information that is not linked to a particular individual, such as statistical or aggregated information, is not personal information and is not covered by this Privacy Policy. We may collect, process, use, disclose and transfer non-personal information for any purpose. You can choose not to provide personal information that we may request of you, but, in general, most of the personal information we request is required in order to provide the Services, and the lack of such personal information may prevent us from doing so.

Generally, we may collect personal information about you when you access the Rain Channel and/or subscribe for the Services offered on the Rain Channel. We may also collect information about you when you use the site, report a problem with the site, use support services, or communicate with us. In addition, information may be collection when you respond to customer surveys, and promotions. What is mentioned above is not a complete list of all the ways that we could collect information. We set out below information that may be collected and processed:

Rain may also collect non-personal information such as your IP address, date, time and duration of your access to the Rain Channel to track your visits to the Rain Channel so that we are able to deliver a more personalized experience. This information is used to develop future products and/or services that meet your requirements and needs.

Internet protocol addresses. We may collect information about your device, including where available your internet protocol address, operating system and browser type, for system administration and to report aggregate information to our advertisers and/or service providers. This is statistical information about your browsing actions and patterns and does not identify you.

Cookies and other analytics. By using the Rain Channel, you are consenting to our use of cookies, caching tools and analytics tools, in accordance with this Privacy Policy. If you do not agree, please refrain from using the Rain Channel. Like many Apps, we use cookies and similar technologies to collect additional data and to improve our Services. These technologies use small data files that are transferred to your mobile device. If you return to an application, it shows that it is a repeat visit. The technologies cannot be used to identify you on the websites of third parties, including the website of the analysis provider. It can additionally be used to store your preferred settings, e.g. language and country settings, so that they will be immediately available on your next visit. We use the web analysis system in order to raise the efficiency of our App. Personal information is collected and stored either electronically by the use of “cookies” or provided voluntarily with your consent and knowledge.

Where we store your personal Information

The information that we collect from you may be transferred to, and stored at, a destination outside of South Africa. It may also be processed by staff members operating outside of South Africa who work for us or for one of our service providers (including but not limited to payment processors, cloud service or other information technology providers, and other companies that provide services to us). Such staff members may be engaged in, among other things, the provision of the service or the provision of maintenance and support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy and in accordance with the terms of POPI.

Uses Made of Information

For us to make your use of the Rain Channel and Services as successful as possible, Rain collects, stores and uses your personal information. Below are some of the purposes for us collecting your personal information, in relation to which purposes you hereby expressly consent to our processing your personal information:

If you have any concern regarding the use of your information, please contact us at support@rain.co.za.

Except as otherwise set out expressly herein, we do not disclose personal information about users to our advertisers (if any) but we may provide them with aggregate information or information in an otherwise anonymous form about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement and/or application on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, individuals in a specific territory).

We may make use of the personal information we have collected from you to enable us to comply with advertisers' wishes by displaying their advertisement to that target audience.

In addition, we may use other companies, agents or contractors to perform services on our behalf or to assist us with the provision of access to the Rain Channel and the Services to you. For example, we engage services providers to provide marketing, communications, infrastructure and information technology services, personalise and optimise our site and the online services, provide customer service, analyse and enhance data, including users' interaction with the online services, and process consumer surveys. In the course of providing such services, these service providers may have access to your personal information. We do not authorise these service providers to use or disclose your personal information except in connection with providing the services we request of them.

Only personal information that is necessary for the purposes stated in this Privacy Policy will be collected, stored, used and otherwise processed by Rain.

Where we store your personal Information

The information that we collect from you may be transferred to, and stored at, a destination outside of South Africa. It may also be processed by staff members operating outside of South Africa who work for us or for one of our service providers (including but not limited to payment processors, cloud service or other information technology providers, and other companies that provide services to us). Such staff members may be engaged in, among other things, the provision of the service or the provision of maintenance and support services. By submitting your personal information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy and in accordance with the terms of POPI.

Disclosure of Your Information

All non-personal information collected and assembled by Rain, is owned and retained by Rain. You are hereby expressly notified of and consent to our collection of your personal information.

The personal information that has been collected by Rain, may be disclosed or otherwise processed by us if permitted by applicable law, if necessary consent has been obtained from you and/or if the access, use, preservation, disclosure or other processing of such information is reasonably necessary:

Rain may for lawful purposes and in accordance with applicable laws, monitor your calls, e-mails or SMS's and such information will be made available to third parties if and to the extent required by law.

Your Rights and Obligations

You have the right to ask us to review your personal information that you have provided to us and make any desired changes to it.

You have the right to request the origin of the personal information pertaining to you.

You have the right to choose whether you wish to receive marketing material. By accepting this policy, you consent to receiving marketing material. Should you wish to no longer receive such material you can opt out by contacting us by email at support@rain.co.za. Rain undertakes to comply with all applicable law in relation to direct marketing including the CPA in this regard.

You have the right to request Rain to correct or delete your personal information. However, Rain will retain such personal information that it is required to retain in terms of any applicable law. We take reasonable steps to ensure that the personal information we collect and store is accurate, complete and up-to-date. We also endeavour as best we can to delete any incorrect or unnecessary personal information, particularly in respect of your contact details. Please ensure that your personal information is accurate, complete and up-to-date by contacting us as soon as possible if you become aware that your personal information is in any way inaccurate, incomplete or out-of-date.

You have the right to request details in respect of the identity of third parties who have or had access to your personal information, if applicable, and you have the right to request the identity of third persons who are in charge of your personal information as well as those third person to whom your personal information may be have been communicated, if applicable.

You have the right to lodge a complaint with the Information Regulator in accordance with POPI.

Please note that you have an obligation to provide Rain with accurate personal information keep Rain informed of any changes to your personal information as and when these occur.

Please note that the Rain Channel may, from time to time, contain links to and from the websites of our partner networks, advertisers, service providers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Rain does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Security of your personal information

Rain is committed to protecting the security of your personal information and will take all reasonable steps to secure the personal information that you submit to us, including your contact information. We use a variety of security technologies and physical, electronic and managerial procedures to protect the personal information that we have collected, or that you have provided, from unauthorised access, use or disclosure. This will minimise the risk of loss, misuse, alteration, disclosure and unauthorised access of your information that is under our control. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot always guarantee the security of your personal information which is transmitted via the Rain Channel.

Access to Information

POPI gives you the right to access information held about you. Your right of access can be exercised in accordance with POPI. Any access request may be subject to a fee for meeting our costs in providing you with details of the information we hold about you.

ACCEPTABLE AND FAIR USAGE POLICY

INTRODUCTION

This Acceptable and Fair Usage Policy (“Policy”) sets forth the principles that govern the use by customers of the Services provided by Rain (Pty) Limited (“Rain”). This Policy is designed to:

As a member of the Internet Service Providers Association, Rain subscribe to a code of conduct which protects both the customer and Rain. The complete ISPA Code of Conduct can be found at www.ispa.org.za .

APPLICABLE DOCUMENTATION

PROHIBITED USES AND ACTIVITIES

Undertake or accomplish any illegal or unlawful activity. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, discriminatory, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local or international law, order or regulation;

Post, store, send, transmit or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

Attempt to gain unauthorised access to any other person's computer or computer system, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access or probing the security of other hosts, networks or accounts;

Use or distribute tools designed or used for compromising or circumventing security, such as, but not limited to, password guessing programs, decoders, password gatherers, analysers, cracking tools, packet sniffers, encryption circumvention devices or Trojan Horse programs. Network probing or port scanning tools are only permitted when used in conjunction with a residential home network, or if explicitly authorised by the destination host and/or network. Unauthorised port scanning, for any reason, is strictly prohibited;

Upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner;

Copy, distribute or sublicense any software provided in connection with the Service by Rain or any third party;

Restrict, inhibit or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;

Restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Rain (or Rain supplier) host, server, backbone network, base station, node or service, or otherwise cause a performance degradation to any Rain (or Rain supplier) facilities used to deliver the Service;

Use the Rain network in a manner that exceeds the then current bandwidth, data storage or other limitations on the Rain Service, or puts an excessive burden on the limitations of the Rain network;

Connect multiple computers behind the user terminal to set up a LAN (Local Area Network) that in any manner would result in a violation of the terms of this Policy;

Transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;

Transmit messages that contain threatening, abusive, illegal or libellous material;

Send numerous copies of the same or substantially similar messages, empty messages or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, newsgroup or chat service;

Distribute programs that remove locks or time-outs built into software (cracks);

Initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;

Participate in the collection of e-mail addresses, screen names or other identifiers of others (without their prior consent) – a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;

Collect responses from unsolicited messages;

Impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature or perform any other similar fraudulent activity;

Service, alter, modify or tamper with the Rain Equipment or Service, or permit any other person, who is not authorised by Rain, to do the same;

Collect, or attempt to collect, personal information about third parties without consent;

Interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and/or

Violate the rules, regulations or policies applicable to any network, server, computer database, or website that you access.

SECURITY

SECURITY OF RAIN NETWORK AND SYSTEMS

Any reference to systems and networks under this section includes the Internet (and all those systems and/or networks to which user is granted access through of Rain) and includes, but is not limited to, the infrastructure of Rain itself.

The user may not circumvent user authentication or security of any host, device, network or account (referred to as “cracking” or “hacking”), nor interfere with the service to any user, host, device, or network (referred to as “denial of service attacks”). The host, device, network or account shall also not be used for any illegal purpose, including phishing.

Where it is found that there is a violation of the Rain system or network security is breached by the user, this may result in civil or criminal liability.

Rain reserves the right to investigate incidents involving such violations and will involve and cooperate with law enforcement officials of the South African Police Services or any other law enforcement officials worldwide if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

INAPPROPRIATE CONTENT AND TRANSMISSIONS

ELECTRONIC MAIL

The Service may not be used to send unsolicited bulk or commercial messages and may not be used to collect responses from unsolicited e-mail sent from accounts on other Internet hosts or e-mail services that violate this Policy. Moreover, unsolicited e-mail may not direct the recipient to any website or other resource that uses the Service.

Activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the e-mail is commercial in nature, are prohibited. Forging, altering or removing electronic mail headers is prohibited. You may not reference Rain or the Rain network (e.g. by including "Organisation: Rain" in the header or by listing an IP address that belongs to Rain or the Rain network) in any unsolicited e-mail, even if that e-mail is not sent through the Rain network or Service. Maintaining of mailing lists by users of Rain is only accepted with the permission and approval of the list members, and at the members’ sole discretion. Should mailing lists contain invalid or undeliverable addresses, or addresses of unwilling recipients, those addresses must be promptly removed. Users may not forward or propagate chain letters nor malicious e-mail. Public relay occurs when a mail server is accessed by a third party and utilised to deliver mails without the authority or consent of the owner of the mail-server. Users’ mail servers must be secure against public relay as protection for both themselves and the Internet at large. Mail servers that are not secured against public relay often become abused by unscrupulous operators for spam delivery, and upon detection such delivery must be disallowed. Rain reserves the right to examine users’ mail servers to confirm that their server is not a public relay, and the results of such checks can be made available to the user. Rain also reserves the right to examine the mail servers of any users using Rain mail servers for “smart hosting”, content filtering or similar services, at any time, to ensure that the servers are properly secured against public relay. All relay checks will be carried out strictly in accordance with Rain’s Privacy Policy. Rain is not responsible for forwarding e-mail sent to any account that has been suspended or terminated. This e-mail will be returned to the sender, ignored, deleted or stored temporarily at Rain's sole discretion. In the event that Rain believes in its sole discretion that any subscriber name, account name or e-mail address (collectively, an "identifier") on the Service may be used for, or is being used for, any misleading, fraudulent, or other improper or illegal purpose, Rain reserves the right to block access to and prevent the use of any such identifier and may at any time require any customer to change his or her identifier.

In addition, Rain may at any time reserve any identifiers on the Service for Rain’s own purposes.

NEWSGROUPS

Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions (“FAQs”) for those newsgroups, as well as any other terms and conditions applicable to any particular newsgroups or provider of newsgroups. Advertisements, solicitations or other commercial messages should be posted only in those newsgroups whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it. Rain reserves the right to discontinue access to any newsgroup at any time for any reason.

The Subscriber acknowledges that excessive cross-posting (i.e. posting the same article to a large number of newsgroups), posting of irrelevant (off-topic) material to newsgroups (also known as USENET spam) and related unwanted communication in this platform are all forbidden.

INSTANT MESSAGES

NETWORK, BANDWIDTH, DATA STORAGE AND OTHER LIMITATIONS

USAGE AND UNCAPPED RULES

The Subscriber acknowledges that Rain is unable to exercise control over the data passing over the infrastructure and the Internet, including, but not limited to, any websites, electronic mail transmissions, newsgroups or other material created or accessible over its infrastructure. Therefore, Rain is not responsible for data transmitted over its infrastructure, but may terminate the Services:

COPYRIGHT INFRINGEMENT

Rain is committed to complying with South Africa’s copyright and related laws and requires all customers and users of the Service to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over the Service (or any part of the Service) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted in terms of South African copyright law.

Copyright owners may report alleged infringements of their works that are stored on the Service by sending Rain's authorised agent a notification of claimed infringement. Upon Rain's receipt of a satisfactory notice of claimed infringement for these works, Rain will respond expeditiously by either directly or indirectly (i) removing the allegedly infringing work(s) stored on the Service or the Personal Web Features or (ii) disabling access to the work(s).

Rain will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Rain. Upon Rain's receipt of a counter-notification, Rain will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement. In all events, you expressly agree that Rain will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

PROTECTION OF MINORS

You must ensure that when children access the Internet Services they do not access websites that have illegal content, including, but not limited to, pornographic content and gambling.

You also guarantee that you will lock the Internet Services with a password to prevent unmonitored access.

VIOLATION OF ACCEPTABLE AND FAIR USGAE POLICY

Rain does not routinely monitor the activity of Service accounts for violation of this Policy. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our Service. Although Rain has no obligation to monitor the Service and/or the network, Rain and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions and content to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Rain users. Rain prefers to advise customers of inappropriate behaviour and any necessary corrective action. However, if the Service is used in a way that Rain or its suppliers, in their sole discretion, believe violates this Policy, Rain or its suppliers may take any responsive actions they deem appropriate.

These actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, recouping the user terminal device and the immediate suspension or termination of all or any portion of the Service. Neither Rain nor its affiliates, suppliers or agents will have any liability for any of the responsive actions. These actions are not Rain's exclusive remedies and Rain may take any other legal, technical or financial action it deems appropriate.

Rain reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Rain's servers and network. During an investigation, if Rain decides to investigate, it may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorise Rain and its suppliers to cooperate with law enforcement authorities in the investigation of any suspected legal violations in order to enforce this Policy. This cooperation may include Rain providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, physical address and other account information. Upon termination of your account, Rain is authorised to delete any files, programs, data and e-mail messages associated with your account. The failure of Rain or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. You agree to indemnify, defend and hold Rain and its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from you engaging in any of the prohibited activities listed in this Policy, or resulting from your violation of the Policy or of any other posted Rain policy related to the Service. Your indemnification will survive any termination of the Rain Specific Terms and Conditions.

Rain reserves the right, at its sole discretion, to take action against other types of abuse not listed herein and to investigate or prevent illegal activities being committed over Rain’s network.

ABUSE AND COMPLAINT PROCEDURE

If you suspect that you have been the victim of activities that are in violation of the Policy or the Rain Specific Terms and Conditions, the Rain network abuse department will take appropriate action to investigate and attempt to resolve the alleged violation. If you feel that you have been a victim of Internet abuse that took place in part or completely on the Rain network, please report the incident to support@rain.co.za . If available, please provide the following information:

Emails with full header information provide all of the above, as do syslog files. Different situations will require different methods of providing the above information.

MANAGING ABUSE

In the case of intableidual users, Rain can/will suspend the user’s account and withdraw all the user’s network access privileges completely; institute legal charges against the offending parties for administrative costs as well as for machine and human time lost due to the incident.

Where it is deemed that the cases are severe, Rain will suspend the access of the user’s entire network until abuse can be prevented by appropriate means; take the action deemed appropriate that may be necessary to protect the integrity of the system, including, but not being limited to, system monitoring, as well as protocol management and shutting down of ports affected by viruses, worms or other malicious code; implement appropriate technical mechanisms and other processes in order to prevent usage patterns that may violate this Policy; share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users’ details to law enforcement agencies.

Any one or more of the steps listed above, in so far as they are deemed necessary by Rain in its sole discretion, may be taken by Rain against the offending party.

rain is a member of the Internet Service Providers Association of South Africa (ISPA) and upholds the ISPA Code of Conduct.

Take Down notice requirement for ISPA Code of Conduct compliance

In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") Rain (Pty) Ltd (“Rain”) has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act.

For further information, please contact Internet Service Providers' Association (ISPA), their details are as follows:

Address: PO Box 518, Noordwyk, 1687
Telephone: 010 500 1200
Take-down notice email: complaints@ispa.org.za
Take-down notice information and form: https://ispa.org.za/tdn

If Rain receive a valid takedown notice as per the Act, via ISPA as its authorised agent regarding any unlawful activity by you, Rain will:

Notify you of the takedown notice;

Request that you remove the allegedly infringing material and/or discontinue the allegedly unlawful activity, as per the takedown notice; and

Takedown the services if you do not comply with the steps in paragraph 2, as requested.

Please follow the process outlined at https://ispa.org.za/tdn if you would like to issue a takedown notice for any content on a website hosted by Rain.

Please note that Rain is legally required to establish whether the takedown notice is procedurally correct and to respond to any takedown notice that is validly issued either directly or to ISPA, its authorised agent. Accordingly, Rain will not consider whether the material and/or activity in question is in fact unlawful.