DStv on Demand pc

1 These terms and conditions ("terms and conditions" or "the terms") are binding and enforceable against all persons that access ("users") the website containing the DStv on Demand pc facility located at http://www.dstvondemand.com or at any other website address ("the DStv on Demand pc website"). [1]

2 MultiChoice Africa (Pty) Ltd ("MultiChoice") reserves the right to amend any of the terms from time to time. In this event, MultiChoice will post the revised terms on the DStv on Demand pc website.

3 By accessing the DStv on Demand pc website users agree to be bound by the terms effective at the time of such access.

5 "Data message" has the same meaning as that given to the term in the Electronic Communications and Transactions Act, 2002 ("the ECT Act"). A copy of the ECT Act is available at http://www.acts.co.za/ect_act/index.htm

6 The DStv on Demand pc facility makes selected content from MultiChoice's subscription broadcasting service available on the Internet to eligible MultiChoice subscribers.

7 The content on the DStv on Demand pc facility, including the inclusion or exclusion of programmes, is and will be determined by MultiChoice, and is constantly changing.

8.1 to the Premium DStv bouquet on MultiChoice's subscription broadcasting service;

9.2 log in each subsequent time that they access the DStv on Demand pc website and wish to access the DStv on Demand pc content.

10 MultiChoice may verify the user's eligibility each time that the user logs in to the DStv on Demand pc website and tries to access the DStv on Demand pc facility.

11 Subject to the provisions of the user licence referred to in clauses 12 to 18, eligible users may stream or download content from the DStv on Demand pc website.

11.1 "Streaming" means the contemporaneous transmission of content via the Internet from the DStv on Demand pc website to a user's device in such a manner that the content is intended for real-time viewing (other than delays caused by “buffering” interruptions) and is not intended to be copied, stored, downloaded, or redistributed by the user.

11.2 "Downloading" allows the user to copy and store the content onto the user's device so that the user can view the content at a later stage, for the duration permitted by the user licence.

12 If MultiChoice accedes to a user's request for access to content on the DStv on Demand pc website, then the user's access to and use of the content on the DStv on Demand pc website will be subject to the licence which MultiChoice will grant to the user in respect of the content concerned ("the user licence").

13 A separate user licence will be issued to each user and stored on the user's device for each piece of content which the user accesses.

14 The user licence will be valid for the duration, territory, purpose and other particulars specified in the user licence.

16 The user recognises that the licence terms may differ for each piece of content. Users agree to familiarise themselves with the licence applicable to each piece of content.

17 Users may access and use the DStv on Demand pc website, or any of the content provided on the DStv on Demand website, only –

18 Users may not access or use the DStv on Demand pc website, or any of the content on the DStv on Demand pc website, for any commercial or other non-private/non-educational purposes ("commercial purposes") without MultiChoice's prior written consent.

19 Access to the DStv on Demand pc website is free to any user who agrees to these terms, although access to the content on the DStv on Demand pc website is restricted to eligible users.

20 Despite clause 19, in future, MultiChoice may charge fees for access to some or all of the content on the DStv on Demand pc website.

21 It is the responsibility of the user to acquire and maintain, at the user's expense, the computer hardware and software, telecommunications facilities and Internet access service required in order to access the Internet, the DStv on Demand pc website and the content on the DStv on Demand pc website.

22 The user recognises that there are certain minimum requirements for users to be able to use the DStv on Demand pc facility and that certain hardware and software may not be compatible with, or supported by, the DStv on Demand pc facility.

23 MultiChoice will inform users of the minimum hardware and software requirements on the DStv on Demand pc website.

24 It is the responsibility of the user to be satisfied, prior to using the DStv on Demand pc facility, that the DStv on Demand pc website and facility is compatible with the user's computer hardware and software.

25 MultiChoice may provide hyperlinks to websites not controlled by MultiChoice and such links do not imply any endorsement, agreement with, or support for, the information on or content of such target sites.

26 MultiChoice does not editorially control the information or content on such target sites and will not be liable in any manner whatsoever for the user's access, or inability to access, such target sites, or for any information or content made available on or through such target sites.

27 Persons may hyperlink to the DStv on Demand pc website from another website subject to these terms.

28 Such persons do so at their own risk and MultiChoice will not be liable in any manner whatsoever for any loss, liability or damage that resulted from such access to, or the use of, the DStv on Demand pc website.

29 Any person who provides a hyperlink to the DStv on Demand pc website undertakes to indemnify MultiChoice against any loss, liability or damage that may result from linking to the DStv on Demand pc website.

30.1 provide a correct and functioning hyperlink to the DStv on Demand pc website;

30.3 acknowledge writers, journalists, photographers and any other third parties as they are acknowledged on the DStv on Demand pc website;

31 No person may frame the DStv on Demand pc website in any manner without the prior written consent of MultiChoice.

32 Other than bona-fide search engine operators and the use of the search facility provided on the DStv on Demand pc website, no person may use, or attempt to use, any technology or applications (including web crawlers or web spiders) to search the DStv on Demand pc website for any purposes without the prior written consent of MultiChoice.

33 MultiChoice does not make any warranties or representations that the DStv on Demand pc website is safe and secure.

34 No person, whether intentionally or negligently, may do anything to compromise the security and stability of the DStv on Demand pc website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses) to the DStv on Demand pc website or the server and computer network that support DStv on Demand pc website.

35.1 may not use the details of another person to register on or log in to the DStv on Demand pc website;

35.2 may not permit any other person to register on or log in to the DStv on Demand pc website using the user's details;

35.3 must keep his customer number, decoder number, smart card number, username and password secure;

35.4 must exit out of the DStv on Demand pc website at the end of each session that the user accesses the website;

35.5 must notify MultiChoice immediately of any breach of security or unauthorised use of the user's customer number, decoder number, smartcard number, username or password;

35.6 must take all reasonable steps to prevent compromising the security and stability of the DStv on Demand pc website as set out in the clauses under the heading "security".

36 Any person who contravenes clause 34 or clause 35, in addition to any criminal prosecution, will be liable for all resulting loss, liability or damage caused, and undertakes, without any limitation, to indemnify and hold MultiChoice harmless against any and all loss, liability or damage MultiChoice or any third party may suffer as a result of such contravention.

37 The terms of MultiChoice's privacy policy are incorporated in these terms, and the user agrees to be bound by such policy, as if the terms of that policy have been included in these terms in full.

39 All intellectual property on the DStv on Demand pc website, including software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, and hyperlinks, whether registered or not, is the property of, or is licensed to, MultiChoice ("the intellectual property").

40 Subject to the user licence granted by MultiChoice to the user in accordance with clauses 12 to 18 of these terms, these terms should not be construed as granting the user any licence or right to use the intellectual property without the prior written consent of MultiChoice.

41 Without limiting the scope of clause 40, the user specifically undertakes not to copy, reproduce, modify, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof.

Full name and legal status	MultiChoice Africa (Pty) Ltd
Telephone number	(011) 577 4900
E-mail address	enquiries@multichoice.co.za
Physical address	251 Oak Avenue , Ferndale , Randburg, 2194, South Africa
Postal address	PO Box 1502 , Randburg, 2125, South Africa
Physical address for receipt of legal service	251 Oak Avenue , Ferndale , Randburg, 2194, South Africa
Website address	http://www.dstvondemand.com or any other website referred to in clause 1
Main business	Provision of a subscription broadcasting service
Registration number	1994/009083/07, Pretoria
Office bearers (directors)	JJ Volkwyn, FLN Letele, JN Meyer
Manual published by MultiChoice in terms of s51 of Promotion of Access to Information Act, 2000	This manual may be accessed here
Alternative dispute resolution	Please refer to clauses 69 to 73 of these terms. The expedited rules of the Arbitration Foundation of South Africa are available at http://www.arbitration.co.za
Description of goods/services offered on DStv on Demand pc website	Please refer to the "home" and "channels" sections of the DStv on Demand pc website
Price of goods/services offered on DStv on Demand pc website	Please refer to clauses 19 and 20 of these terms
Manner of payment acceptable to MultiChoice	Please refer to clauses 19 and 20 of these terms
User licence	Please refer to clauses 12 to 18 of these terms
Delivery times and duration of agreement	Please refer to clauses 12 to 18 and clause 50.1.1 of these terms
Manner and period within which users can access and maintain full record of transaction concluded on the DStv on Demand pc website	Please refer to clauses 12 to 18 of these terms
Return, exchange and refund policies	If this website fails to comply with the disclosure requirements in s43 of the ECT Act, or MultiChoice fails to allow users to prevent and correct mistakes in any transaction concluded via the DStv on Demand pc website, users are entitled to cancel such transaction within 14 days of receipt of the goods and to be refunded on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging. If a transaction is cancelled in terms of this clause, MultiChoice will refund all payments made by the purchaser minus the direct cost of returning the goods. If the user places an order on the DStv on Demand pc website and MultiChoice fails to execute the order timeously, the user may cancel the agreement. This paragraph only applies to transactions concluded via the DStv on Demand pc website. Notwithstanding the above, subscriptions to DStv are governed by the subscription agreement between MultiChoice and the user.
Cooling off	The user is entitled to the cooling off rights provided by s44, read with s42(2) of the ECT Act, to the extent that those provisions are applicable.

44 MultiChoice reserves the right, in its sole discretion, to vary this information from time to time.

45 In the clauses under the heading "disclaimer and limitation of liability", references to MultiChoice include its directors, officers, employees, agents, associates, affiliates and representatives.

46 MultiChoice provides the DStv on Demand pc website on an "as is" basis and has not tailored the DStv on Demand pc website to meet a user's individual requirements.

47 MultiChoice reserves the right to alter any aspect of the DStv on Demand pc website, including as regards the content, presentation, features, functionality and facilities available on the DStv on Demand pc website.

48 Information, ideas and opinions expressed on the DStv on Demand pc website should not be regarded as professional advice or the official opinion of MultiChoice, and users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the DStv on Demand pc website.

49 MultiChoice may make recommendations from time to time as to how the user can access and use the DStv on Demand pc website. MultiChoice will not be responsible, and disclaims all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, and which is suffered by any person who relies on and implements MultiChoice's recommendations.

50 Subject to the provisions of s43(5) and s43(6) of the ECT Act, if applicable, and as far as allowed by law:

50.1 MultiChoice makes no representations and gives no warranties, whether expressly or implicitly, as to the DStv on Demand pc website or the information or content provided on the DStv on Demand pc website, and specifically, but without limitation, makes no representations and gives no warranty –

50.1.1 that the quality and availability of the DStv on Demand pc website and a user's ability to access and use the DStv on Demand pc website, including streaming quality and download length of time, will be unaffected by factors such as the speed of the user's Internet connection, variations in Internet traffic between the user's location and the DStv on Demand pc website server, the number of users accessing the website, or technical faults on the part of MultiChoice, the user or any third party;

50.1.2 that the DStv on Demand pc website or the contents/materials on the website will meet the requirements or expectations of the users;

50.1.3 of the time within which the DStv on Demand pc website will be updated, or that the DStv on Demand pc website will be available at all times; or

50.1.4 that the information provided on the DStv on Demand pc website will be true, complete, accurate, error-free, uninterrupted or reliable.

50.2 MultiChoice, will not be responsible, and disclaims all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, and which is suffered by any person who accesses, uses or relies on the DStv on Demand pc website. Without limiting the generality of this clause, MultiChoice will not be liable for any loss, liability or damage of any nature incurred by whomever and resulting from:

50.2.5 access to, use of, or reliance on information or content available on the DStv on Demand pc website;

50.2.6 without limiting the scope of clause 50.2.5, any content posted by third parties on the DStv on Demand pc website, whether or not MultiChoice exercised control over such content;

50.2.8 MultiChoice's delay or failure to fulfil its obligations under these terms to the extent that such delay or failure results from causes beyond MultiChoice’s reasonable control;

50.2.9 any negligent act or omission of MultiChoice or its consultants, agents or employees;

50.3 The user agrees to indemnify and hold MultiChoice harmless from any claim or demand, including legal fees on an attorney and own client scale, made by any third party arising from or in relation to the user's access to, use of, or reliance on the DStv on Demand pc website.

51 MultiChoice is not liable for any direct or consequential damage suffered by the user or any other third party as a result of the exercise by MultiChoice of MultiChoice’s rights in terms of this agreement.

52 By advertising any goods/services on the DStv on Demand pc website, if any, MultiChoice invites users to make an offer to acquire the relevant goods/services.

53 In the event that a user makes an offer, MultiChoice, in its sole discretion, may accept the offer, in which case MultiChoice will take additional positive action to demonstrate its intention to accept the offer.

54.1 Data messages addressed by the user to MultiChoice will be deemed to have been received by MultiChoice only if MultiChoice responds thereto or acknowledges receipt thereof.

54.2 Data messages addressed by MultiChoice to the user will be deemed to be received by the user when the complete data message enters an information system designated or used for that purpose by the user and is capable of being retrieved and processed by the user.

54.3 Data messages addressed by the user to MultiChoice or vice versa will be deemed to have been created and sent from Johannesburg, South Africa.

54.4 Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between the user and MultiChoice.

54.5 Any data messages that are sent by the user to MultiChoice from a computer, IP address or mobile device normally used by or owned by the user will be deemed to have been sent to MultiChoice by the user, or on behalf of the user by a person duly authorised by the user.

55 MultiChoice expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

55.2 change the information, content, services and applications on the DStv on Demand pc website;

55.3 discontinue any aspect of the DStv on Demand pc website or information, content, services and applications on the DStv on Demand pc website; and

55.4 change the software and hardware required to access and use the DStv on Demand pc website or the information, content, services and applications on the DStv on Demand pc website.

56 All licenses and/or permissions granted in these terms, and particularly clauses 12 to 18, are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by MultiChoice in its sole discretion at any time without giving any reasons therefore.

57 MultiChoice, in its sole discretion, may terminate the DStv on Demand pc website, or any aspect thereof, at any time.

58 Clauses 37 and 38 concerning MultiChoice's privacy policy, clauses 39 to 42 concerning MultiChoice's intellectual property, and the disclaimers and limitations of liability in clauses 45 to 51 will survive the termination of these terms and conditions for any reason whatsoever.

59 Subject to clauses 12 to 18, these terms, as amended by MultiChoice from time to time, constitute the entire agreement between MultiChoice and the user in relation to its subject matter.

60 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term or condition will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

61 The website is hosted, controlled and operated from the Republic of South Africa, and is targeted at users in the Republic of South Africa.

62 South African law governs these terms, and any dispute arising out of, or in relation to these terms.

63 Subject to clauses 69 to 73, these terms will be subject to enforcement by the South African courts.

64 MultiChoice will not be liable for the infringement of any rights, or the contravention of any laws, outside the Republic of South Africa.

65 MultiChoice will not be liable for any costs incurred by users to obtain professional advice relating to these terms and conditions.

66 If MultiChoice fails to comply with the disclosure and review requirements in s43 and s46 of the ECT Act, a user who is a consumer may cancel an agreement entered into on the DStv on Demand pc website within 14 days of receipt of the goods and MultiChoice will refund the consumer on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging.

67 Without prejudice to any other rights it may have, MultiChoice reserves the right to claim damages from any person who contravenes this agreement and as a result of which MultiChoice suffers any loss, liability or damage.

68 Any failure by MultiChoice to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

69 If a dispute between MultiChoice and a user concerning the interpretation or application of these terms and conditions remains unresolved, and the user wishes to pursue the dispute, then the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

72 The unsuccessful party will pay the costs of the successful party on an attorney and own client scale.

73 The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za

[1] Website addresses at which the DStv on Demand pc facility may be located include http://www.dstv.com, http://www.dstvbroadband.co.za, http://www.dstvbroadband.tv, http://www.dstbroadband.com, http://www.dstvbybroadband.co.za, http://www.dstvbybroadband.tv, http://www.dstvbybroadband.com, http://www.dstvondemand.co.za, http://www.dstvondemand.tv, http://www.dstvondemand.com, http://www.dstvextra.co.za, http://www.dstvextra.tv, http://www.dstvextra.com, http://www.dstveverywhere.com, http://www.dstveverywhere.co.za, http://www.dstvanywhere.com, http://www.dstvanywhere.co.za, http://www.dstvcatchup.com, and http://www.dstvcatchup.co.za