Terms and Conditions of Service

Drifta

Terms and Conditions of Service

2 Any reference in this Agreement to –

2.1 the singular includes the plural, and vice versa; and

2.2 one gender includes the other gender.

Terms and conditions of Agreement

3 The terms and conditions on which we authorise persons to have access to the MultiChoice Service are set out below.

4 By subscribing to the MultiChoice Service you agree to be bound by this Agreement as amended from time to time.

Request for MultiChoice Service

5 Your Request may be made –

5.1 telephonically;

5.2 if applicable, via your Approved Decoder;

5.3 in writing to us by completing and submitting a Subscriber Agreement Schedule in the form used by us from time to time ("your Schedule"); or

5.4 for the BoxOffice Service, by registering on the Website or any other website we may use from time to time.

6 If we accept your Request, an agreement will come into effect between you and us on the terms and conditions set out in this Agreement, read with your Schedule (if applicable). If there is a conflict between these terms and conditions and your Schedule, the provisions of your Schedule will prevail.

7 If we refuse your Request (which we reserve the right to do), we will have no obligation to you arising from your Request.

Place of Agreement, commencement and duration

8 This Agreement is deemed to be concluded at our principal place of business in Randburg, South Africa and commences on the date on which we accept your Request by activating your subscription to the MultiChoice Service.

9 This Agreement is binding on you and us unless and until –

9.1 we notify you (in any manner, whether telephonically, electronically, in writing or in person) that we are terminating this Agreement with effect from a specified future date, which we may do at any time; or

9.2 you notify us (in any manner, whether telephonically, electronically, in writing or in person) that you are terminating this Agreement with effect from a specified future date, which you may do at any time subject to clauses 11 and 12.

10 The suspension or termination of this Agreement will not affect –

10.1 our rights or remedies, or yours, for the period prior to suspension or termination, as the case may be; or

10.2 those rights and obligations which this Agreement intends, either expressly or by implication, will survive beyond suspension or termination.

11 If you terminate this Agreement in terms of clause 9.2, such termination will take effect from the last day of the billing month in which the termination notice is received.

12 Your notice of termination must be received by us at least five business days prior to the Due Date in respect of the next billing month. If we do not receive your notice of termination by then, we cannot guarantee that payment instructions for the following billing month will be cancelled in time, and you hereby waive any claim against us in respect of any costs or expenses incurred as a result thereof.

Hardware

13 Other than in respect of a Mobile Decoder, only you and members of your household may use the Smartcard to access the MultiChoice Service.

14 You may not tamper with, use or attempt to use the Smartcard or other Equipment for any purpose not authorised by us.

15 We may disable the Smartcard, whether temporarily or permanently, if –

15.1 any unauthorised person uses the Smartcard;

15.2 the Smartcard is damaged, lost or stolen;

15.3 you are in breach of this Agreement;

15.4 the period for which you have paid for your subscription to the MultiChoice Service has expired and we have not received payment for the following subscription period;

15.5 it is necessary to protect the integrity of the conditional access system used for the MultiChoice Service; or

15.6 it is otherwise reasonable to do so.

16 You may only access the MultiChoice Service by using a Smartcard supplied by us in an Approved Decoder and in accordance with the applicable User Manual.
17 We recommend that you –

17.1 ensure that the Equipment is correctly installed;

17.2 keep the Smartcard in the Approved Decoder; and

17.3 keep your decoder connected, at least in standby mode when not in use, to the main power supply and to the satellite reception equipment, to enable the updating of the software in the decoder via satellite and in order to ensure that your continued access to the MultiChoice Service is not negatively affected. You acknowledge that in standby mode certain Approved Decoders generate heat and that you will position your decoder with these factors in mind.

18 We cannot guarantee that you will be able to access the MultiChoice Service, or any aspect thereof, either optimally or at all, if you do not act in accordance with clauses 13, 14 and 17.

19 If your Smartcard is damaged, lost or stolen –

19.1 you must inform us thereof within 48 hours of you becoming aware thereof; and

19.2 we or one of our duly authorised representatives will then replace the Smartcard, subject to the payment by you of a replacement fee.

User Manual

20 You agree to comply with the User Manual applicable to the Approved Decoder used by you.

21 If there is any conflict between the provisions of this Agreement and the User Manual, this Agreement will prevail.

Warranty

22 Subject to the provisions of the Consumer Protection Act, if the period of the Manufacturer's warranty in relation to your Approved Decoder has not expired and you are not in breach of the terms thereof, you may be entitled to have that Approved Decoder repaired or replaced subject to the terms of that warranty.

Advanced Decoder Functionality

23 If you own a decoder with Advanced Decoder Functionality you may request us to authorise you to use one or more such functions for purposes of accessing and using the MultiChoice Service, for which you agree to pay the requisite fees as amended by us from time to time. The provisions of clause 24 apply if we agree to your request by authorising you to use such functionality.

24 You acknowledge that –

24.1 Advanced Decoder Functionalities are developing technologies;

24.2 part of the memory space in the HDD is reserved for use by us for existing and future applications and content, fault reporting and capturing user profiles;

24.3 we are not liable to you for any loss of memory space in the HDD or for any loss or corruption of content recorded on the HDD;

24.4 the memory space available for your use on the HDD is a finite resource and we are not obliged to provide you with additional memory space if you exhaust the memory space in your HDD.

25 If we suspend your authority to access the MultiChoice Service or if the Agreement is terminated you will no longer have the right to use the Advanced Decoder Functionality or to access any content recorded on the HDD.

26 We cannot guarantee that Advanced Decoder Functionality will be available at all places in South Africa and Lesotho.

27 Clause 39.9 will apply if you sell or otherwise transfer a decoder with Advanced Decoder Functionality. You acknowledge that any content recorded on the HDD may not be sold or transferred to any person.

BoxOffice Service

28 In order to be able to access and use the BoxOffice Service you must register for that service. Please refer to the Website or contact MultiChoice for further information on how to register for the BoxOffice Service.

29 Once you are registered for the BoxOffice service, MultiChoice will make available on your PVR Decoder for your selection Movie Titles for a period of time ("Availability Period").

30 The selection of Movie Titles and their Availability Period will be set out on the Website.

31 You may view a Movie Title for a period determined by us after your transaction for that Movie Title has been completed and an entitlement instruction has been sent by us to your PVR Decoder authorising the viewing of the rented Movie Title ("the Viewing Period").

32 During the Viewing Period, you may view that Movie Title as often as you wish.

33 At the end of the Viewing Period, the Movie Title will be deleted from your PVR Decoder, regardless of whether you have viewed the Movie Title in whole or in part, although you may thereafter enter into another rental transaction for that Movie Title.

34 At the end of the Availability Period the Movie Titles for that Availability Period will no longer be available for your selection.

Mobile Decoders

35 A Mobile Decoder will only operate within the DVB-H Coverage Areas set out on the Website.

36 A Mobile Decoder will only be compatible with certain devices. A list of devices compatible with the Mobile Decoder will be available on the Website.

37 The Bouquets available on a Mobile Decoder will be set out on the Website.

Restrictions on access to and use of MultiChoice Service

38 You may access and use the MultiChoice Service and the Equipment only –

38.1 in a single residential unit;

38.2 for private domestic use; and

38.3 save for a Mobile Decoder and its accessories, at the address in South Africa or Lesotho provided by you and as recorded in our billing system.

39 You may not use the MultiChoice Service in any manner or for any purpose other than as set out in this Agreement. Nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 38, you may not attempt to or –

39.1 access any aspect of the MultiChoice Service other than those aspects to which we have authorised you to have access;

39.2 use the MultiChoice Service, or any aspect thereof, for any commercial purpose;

39.3 exhibit or provide the MultiChoice Service to the public, whether or not admission fees are charged;

39.4 charge any person a fee to access any aspect of the MultiChoice Service;

39.5 copy any of the content of the MultiChoice Service, except by using the PVR Functionality for time shifting or later private use during the period of this Agreement;

39.6 hire-out, sell, redistribute, relay, retransmit or rebroadcast any of the content of the MultiChoice Service, including any copy thereof that you may have made, whether using the Advanced Decoder Functionality or otherwise;

39.7 hack, reverse engineer or otherwise compromise the security of the conditional access system, operating software or encryption software used in the Smartcard and any decoder used to receive the MultiChoice Service, or in the HDD of a decoder;

39.8 permit, facilitate or condone any other person doing any of the prohibited activities in this clause 39, whether using your Equipment or otherwise; or

39.9 sell or otherwise transfer the Equipment without advising us in writing, within seven days thereafter, of the identity and contact details of the transferee.

40 If you wish to receive and/or use the MultiChoice Service at an address other than the address referred to in clause 38.3, you must request our prior consent to do so.

41 You indemnify us against any claim by the transferee in relation to such sale or transfer, including any claim by reason of the non-functionality of the Equipment.

42 You indemnify us and our affiliated companies, and their directors, officers, employees, agents and representatives ("Indemnified Parties") against any claim by a third party in respect of a breach by you of clause 38 and/or 39.

43 You acknowledge that a breach by you of clauses 38 and/or 39 may constitute criminal activity and could result in considerable prejudice and damage to us and/or our licensors and/or channel suppliers.

44 We may determine that certain aspects of the MultiChoice Service may only be available in conjunction within certain other aspects of the MultiChoice Service and/or Equipment.
Fees

45 We provide the MultiChoice Service on a pre-paid basis.

46 In order for you to receive the MultiChoice Service, you must pay us directly or via one of our duly authorised representatives the requisite fees for those aspects of the MultiChoice Service to which you have Requested access (including, in respect of any Advanced Decoder Functionality) and any VAT and all other taxes, duties, levies or charges that may be levied by any government authority directly or indirectly in relation to the MultiChoice Service.

47 You must make, and we must receive, these payments in advance and in full for the forthcoming subscription period on or before the Due Date.

48 We will activate your subscription to the MultiChoice Service only once, and as soon as practicable after, you have made, and we have received, payment in full in terms of clause 46.

49 If, despite clause 48, we activate your subscription to the MultiChoice Service on a date before the next Due Date, as selected by you or specified by us, then you must pay, on a pro rata basis, the requisite fees for the period for which your subscription was activated prior to the Due Date plus the requisite fees for the forthcoming subscription period.

50 If you do not pay the requisite fees in full on or before the Due Date, we reserve the right to suspend your subscription to the MultiChoice Service without further notice to you.

51 If your subscription to the MultiChoice Service is suspended or terminated for whatever reason, and whether by you or by us, and you wish to reactivate your subscription to the MultiChoice Service, your subscription will not be reactivated until we have received your payment of the requisite reactivation fee.

52 You may not deduct from, or set off against, the fees which you are required to pay to us in terms of this Agreement any amount whatsoever which you claim from us or which we owe you.

53 We may from time to time, in our sole discretion, change the fees payable to us for the MultiChoice Service, or any aspect thereof, by way of a General Amendment. Whilst we will endeavour to notify you at least one month in advance of such change, we cannot guarantee that we will do so.

54 We may alter the Payment Instruction under which you pay your fees to us if the amounts payable by you to us should change for any reason. We may also charge and recover from you under that same instruction any other amounts owing by you to us under this Agreement.

55 This agreement, read with your Schedule, is deemed to be a tax invoice as it meets all of the requirements as detailed in section 20(7) of the Value Added Tax Act, 1991.

56 An invoice and/or statement of account in respect of your subscription to the MultiChoice Service will be made available to you on the Website for access at any time. You may at any time request that we send you your invoice and/or statement of account and we will then provide one to you.

57 As regards the BoxOffice service, once you have selected the Movie Title you wish to view, you must pay us the requisite fees for that Movie Title using the payment method and system set out on the Website.

58 A transaction for a Movie Title will only be complete once we have received from you payment of the requisite fees for that Movie Title.

59 MultiChoice may use payment systems owned and operated by third parties to facilitate the collection of fees and other amounts payable by you for the MultiChoice Service, BoxOffice Service or such other service that we may provide from time to time ("Payment System Providers"). We will not be liable to you or any third party for any loss or damage which you may sustain or incur as a result of any error, system downtime or delay experienced by such Payment System Provider.

Communications with us

60 You may authorise any other person to communicate with us on your behalf.

61 Any person who communicates with us in relation to your subscription will be deemed to be authorised by you to represent you if that person meets our standard security check.

62 You agree to be bound by all requests and undertakings made by third parties on your behalf in terms of this clause.

63 It is your responsibility to ensure that your personal information relevant to our standard security checks is not disclosed to third parties whom you have not authorised to represent you.

Communications with you

64 We may communicate with you, amongst other methods, by means of e-mail, on-air communications, or by way of text or other messages to your cellular phone, PC, laptop or to your decoder for display on your television screen.

65 Such messages may be used, amongst other things, to –

65.1 market or promote our services and/or those of our channel suppliers, affiliates and/or clients;

65.2 inform you about the MultiChoice Service and operational systems, and changes to these;

65.3 provide you with information which we believe may be of particular interest or relevance to you;
65.4 advise you of the status of your account and any amounts owing by you to us;

65.5 inform you that your subscription will be suspended unless we have received payment of the requisite fees;

65.6 notify you of a General Amendment.

66 We will not be liable for any loss or damage suffered by you or any third party as a result of or in connection with communications with you in accordance with clause 65, and you indemnify and hold us harmless against any loss or damage that you or a third party may suffer as a result of any such communications.

Access to and disclosure of information relating to you

67 You authorise us to –

67.1 access from credit bureaus who are members of the Credit Bureau Association and subscribe to its Code of Conduct ("credit bureaus") your personal information concerning financial risk and payment habits ("payment profile") for purposes of credit information sharing, fraud prevention and debtor tracing, and to disclose information regarding your payment profile to such credit bureaus;

67.2 obtain, capture, store, analyse and use for our marketing purposes the viewing habits and profile of you and the members of your household, including to retrieve such information from your decoder;

67.3 use data that we may hold in relation to you ("your personal information") for the purposes of –

67.3.1 processing your Requests;

67.3.2 administering this Agreement;

67.3.3 informing you of any new aspects of the MultiChoice Service or services provided by our affiliates;

67.3.4 informing you of promotional competitions;

67.3.5 informing you of any amendments to this Agreement;

67.4 disclose your personal information –

67.4.1 to companies affiliated to us for purposes of marketing the services of those affiliated companies;

67.4.2 to any company which acquires our business or any part thereof; or

67.4.3 to any company we are associated with from time to time;

67.4.4 if and to the extent that we are required to do so to comply with any applicable law, including the requirements of statutory authorities; and

67.5 retain your personal information referred to in this clause 67 indefinitely.

68 It is your responsibility to proactively ensure that the data which you provide to us is complete, accurate and up to date.

Intellectual property

69 You acknowledge that –

69.1 the Content Rights and the System Rights are either owned by, or licensed to, us or our affiliates and you acquire no right or interest in such rights; and

69.2 you will use your best endeavours to maintain and protect our rights and interests, and that of our suppliers and licensors, in the Content Rights and the System Rights.

70 You indemnify us and the other Indemnified Parties against any claim by a third party in respect of a breach by you of clause 69.2.

71

71.1 You acknowledge that you understand that the use of the MultiChoice Service may include and/or rely on a technological security framework designed to protect the MultiChoice Service against unauthorised use, which framework will be automatically implemented, maintained and amended from time to time.

71.2 You hereby agree to such implementation, maintenance and amendment of the technological security framework, which may include the disconnection or discontinuation of any features of the Equipment which facilitate unauthorised use of the MultiChoice Service.

71.3 A failure by MultiChoice to implement the whole or part of the security framework will not constitute a grant or waiver of any of its rights resulting from unauthorised use of the MultiChoice Service in terms of these terms and conditions.

MultiChoice's obligations

72 In consideration for the fees paid by you, and subject to you complying with this Agreement, we, in accordance with this Agreement, will provide you with access to those aspects of the MultiChoice Service which you have subscribed to.

73 Subject to you complying with this Agreement, our authorising you to have access to the MultiChoice Service will continue until suspended by us or terminated by either you or us in terms of the provisions of this Agreement.

74 We have no obligation –

74.1 to ensure that the Equipment is installed correctly;

74.2 subject to the terms of the Manufacturers' warranties and/or the decoder care plan (if that plan is available and you have chosen to be covered by that plan) –

74.2.1 to ensure that the Equipment is or remains functional or error-free and enables you to receive the MultiChoice Service;

74.2.2 to ensure that any aspect of the Advanced Decoder Functionality is or remains functional or error-free;

74.2.3 to maintain any component or aspect of the Equipment or the Advanced Decoder Functionality; or

74.3 to ensure the integrity or error-free playback of the content copied to the HDD.

75
75.1 We will attempt to inform you of any content made available by us which may be subject to age restrictions, or contain strong language or other material which may offend sensitive users or which may be inappropriate for younger users.

75.2 However, we are not responsible for preventing the viewing of such content by children below any age restriction, or sensitive or younger users.

Subscriber's obligations

76 Subject to this Agreement, and in addition to any other obligations imposed on you in terms of this Agreement, you must –

76.1 provide us with your personal information required by us in order to activate and administer your subscription;

76.2 inform us in writing within seven days of any change to any of the information provided by you in relation to this Agreement;

76.3 inform us immediately if you become aware of –

76.3.1 any act or attempt by any party in relation to the Equipment or any aspect of the MultiChoice Service which, if committed by you, would be a breach of this Agreement;

76.3.2 any damage to, loss, theft or unauthorised use of the Equipment;

76.4 inform us in writing within seven days if you transfer your Equipment to any other person, and provide us with the identity and contact details of the transferee.

77 If you want to block your and the members of your household's access to content on the MultiChoice Service which you consider inappropriate or undesirable, you are responsible for using the parental control mechanism on the MultiChoice Service.

No warranties, limitation of liability, and indemnities

78 Subject to the relevant provisions of the Consumer Protection Act we make no warranty or representation, whether expressly or implicitly –

78.1 subject to the terms of the warranty and a decoder care plan described in clause 74.2, about any component of the Equipment, or that you will be able to access or continue to access the MultiChoice Service using the Equipment, or that such access will be continuous and/or uninterrupted;

78.2 as to the Coverage Area or that the MultiChoice Service, or any aspect thereof, will be available in all parts of the Coverage Area;

78.3 as to the quality of reception by you of the MultiChoice Service, or any aspect thereof, in the Coverage Area to the extent that this results from causes beyond our control;

78.4 as to the content of the MultiChoice Service, including as regards the subject, nature, quality, reliability, truthfulness or accuracy of the content, or that the content will meet your particular tastes or expectations;

78.5 as to the technical quality of the MultiChoice Service and Equipment, that the software used to provide the MultiChoice Service, including our system software and software applications, is error-free, flawless or without fault.

79 Subject to the terms of the warranty and a decoder care plan described in clause 74.2, and the relevant provisions of the Consumer Protection Act (if and to the extent applicable) we are not liable –

79.1 for any loss or damage suffered by you or any other third party, which arises out of –

79.1.1 any act or omission of ours or our employees or agents, subject to the provisions of clause 79.4;

79.1.2 any act or omission of our consultants, subcontractors or affiliated companies;

79.1.3 the exercise by us of any of our rights in terms of this Agreement; or

79.1.4 any breach by you of your obligations under this Agreement, and you specifically indemnify us and the Indemnified Parties against any claim by you or any third party arising out of such breach;

79.2 to any person for the content on and/or the use of materials constituting the MultiChoice Service, whether provided by us or a third party, and you agree that –

79.2.1 the MultiChoice Service may contain images and/or content that may be regarded as unsuitable or offensive by some viewers;

79.2.2 we mainly acquire complete channels from channel suppliers and package them into Bouquets and as such we have no influence over, and are unable to alter, the content of the channels;

79.2.3 the content of the MultiChoice Service, including the number, nature, composition and content of channels and Bouquets;

79.2.4 the programming on the MultiChoice Service may differ from that set out in our hard copy and/or electronic programme guides; and

79.2.5 the channels on each Bouquet may vary from time to time, and that the content of each individual channel may, from time to time, vary;

79.3 for any delay or failure by us to provide the MultiChoice Service, or any aspect thereof, to you to the extent that such delay or failure results from causes beyond our direct or indirect control;

79.4 for any delay, interruption, defect or failure in the distribution or reception of the MultiChoice Service, or any aspect thereof, regardless of the nature, duration or cause thereof, in the absence of gross negligence or willful default on our part. If such delay, interruption, defect or failure is due to our gross negligence or willful default, then you will be entitled, as your sole and exclusive remedy, to a credit against future payments of subscription fees equal to the pro-rata portion of the fees representing the period of the delay, interruption, defect or failure to the extent caused by our gross negligence or willful default;

79.5 for any delay, interruption, defect or failure in the distribution or reception of the MultiChoice Service, or any aspect thereof, regardless of the nature, duration or cause thereof, which we deem necessary for any purpose related to our business, including in order to support the provision, operation, maintenance and security of the MultiChoice Service, or any aspect thereof;

79.6 subject to the provisions of the Consumer Protection Act, the terms of the Manufacturers' warranties and/or the decoder care plan (if that plan is available and you have chosen to be covered by that plan), for any defect in or failure or malfunction of the Equipment, regardless of the nature or cause thereof.

80 Although we strongly recommend the use of MultiChoice accredited installers to install any Equipment requiring installation, each installer acts as an independent contractor and is not an employee, subcontractor, agent or representative of MultiChoice. Neither the Manufacturer(s) of the Equipment nor we are liable for any loss or damage of any nature whatsoever caused by the conduct of an installer, including as a result of –

80.1 any breach by an installer of any of its obligations to you;

80.2 an act or omission on the part of an installer.
Amendments to and variations in the MultiChoice Service

81 The nature, composition and content of the MultiChoice Service are determined by us in our sole discretion, and may be changed by us from time to time.

82 Without limiting clause 81, we may –

82.1 replace, remove or otherwise amend, or restrict the availability of, any aspect of the MultiChoice Service, including, but not limited to –

82.1.1 any facets, applications, facilities, features and/or functionality of the MultiChoice Service;

82.1.2 the range, nature and format of the MultiChoice Service;

82.1.3 the content of the MultiChoice Service, including but not limited to the number, nature, composition and content of channels and Bouquets; and

82.1.4 the range, nature and number of any ancillary applications, facilities or services;

82.2 advise you of any additional aspects of the MultiChoice Service which become available, the conditions applicable thereto and the charges therefore, if any, and which, if you request to receive this additional aspect, you will be obliged to pay the additional charge, if any;

82.3 advise you of any aspect of the MultiChoice Service for which you must pay an additional charge if you wish to continue receiving it, and which, if you request to continue to receive this aspect, you will be obliged to pay the additional charge.

83 The various systems necessary for or associated with the provision of the MultiChoice Service (including technical services, signal distribution and satellite capacity, the conditional access system, the software operating system, software applications, subscriber management services and business systems) are determined by us and are subject to ongoing innovation and change and may be amended by us from time to time. Without limiting the above you agree that we may –

83.1 update, vary or replace these systems or any aspect thereof, including, by means of "over the air" software downloads, to address any system errors or other problems relating to the software, to improve security, to provide additional features or functionality, to limit any use of the Equipment outside the scope of this Agreement, and to ensure that the decoders used by Subscribers are not authorised to decrypt signals other than those authorised by us;

83.2 recommend that you upgrade, reconfigure, change or replace ("upgrade") at your cost if applicable any of the Equipment used by you to access the MultiChoice Service, or any aspect thereof. Your continued access to the MultiChoice Service could be negatively affected if you do not act on this recommendation; or

83.3 disable or remotely alter the functionality of the PVR Decoder to prevent you from copying certain programmes or channels if we become obliged to do so.

84 You will have no rights, interests or expectations to any increases or decreases in the fees payable by you if we make any amendment to the MultiChoice Service in terms of clauses 81 to 83, or any other provision of this Agreement.

Amendment of Agreement

85 You agree to be bound by this Agreement and the User Manual as amended from time to time.

86 We may, in our sole discretion, amend this Agreement and/or the User Manual in any respect from time to time by way of a General Amendment.

87 You agree to be bound by such General Amendment from the date specified in the General Amendment notice, which will be a reasonable time after the date of the General Amendment notice.

88 No amendment requested by you will be valid or effective unless either captured in a General Amendment or recorded in writing and signed by you and by us.

Breach of Agreement

89 Your failure to comply with this Agreement or the User Manual constitutes a material breach of the Agreement.

90 If you breach this Agreement –

90.1 we may, without prejudice to any other remedy that we may have, immediately and without notice to you, suspend your authority to have access to the MultiChoice Services, disable the Smartcard and/or terminate this Agreement depending on the severity of such breach;

90.2 you must pay us all legal costs, including attorney and own client costs, tracing agent's fees and collection charges which we may incur in taking any steps pursuant to your breach; and

90.3 you must pay us any loss or damages incurred by us directly or indirectly as a result of your breach.

91 If we have suspended your subscription to the MultiChoice Service and you –

91.1 remedy your breach;

91.2 comply with this Agreement; and

91.3 pay us all amounts due to us in terms of this Agreement and the requisite reconnection fee,
then we may reactivate your subscription to the MultiChoice Service.

92 If we terminate this Agreement, you may submit a Request with a view to us concluding a new Agreement with you.

General

93 This Agreement –

93.1 constitutes the sole and complete record of the agreement between you and us in regard to its subject matter; and

93.2 supersedes any previous agreement between you and us, or between you and any other company in the MultiChoice Group, in terms of which you were authorised to have access to the MultiChoice Service.

94 Neither you nor we are bound by any express or implied representation, warranty, undertaking, promise or the like not recorded in this Agreement.

95 Any relaxation or indulgence which we may show you at any time in regard to this Agreement is without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of this Agreement or any law.

96 If any provision of this Agreement is found to be wholly or partly invalid, unenforceable or unlawful, then –

96.1 this Agreement will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and

96.2 the remaining provisions of this Agreement will remain in full force and effect.

97 The rule of construction that this Agreement will be interpreted against the party responsible for the drafting or preparation of this Agreement will not apply.

98 We may cede any of our rights and/or assign any of our obligations under this Agreement to any person.

99 You may not cede any of your rights and/or assign any of your obligations under this Agreement to any person.

100 This Agreement is subject to, and will be interpreted, implemented and enforced, in terms of the laws of South Africa.

101 You consent to the jurisdiction of the Magistrates Court in respect of all proceedings arising out of or pursuant to this Agreement. We may, in our discretion, institute any proceedings arising out of or pursuant to this Agreement in any Division of the High Court of South Africa having jurisdiction.

102 The parties choose the following addresses for the service of all notices and processes arising out of this Agreement –

102.1 MultiChoice: 251 Oak Avenue, Randburg, 2125, Gauteng, South Africa.

102.2 You: The physical address supplied by you when making your Request and as recorded in our billing system, as amended by you from time to time.

Version 1.0

Drifta

End User Licence Agreement

END USER LICENCE AGREEMENT

1. SUBJECT MATTER

1.1 This Software Licence Agreement ("Agreement") is between MultiChoice Africa (Pty) Ltd. ("MultiChoice") and You (either an Individual or an Entity), the End User.

The Agreement authorises You to download, install and use the Software specified in clause 2, under the terms and conditions set out below. This is an agreement for end user rights and not an agreement for sale. MultiChoice continues to own the copy of the Software, any other copy that You are authorised to make pursuant to this Agreement, and all the relevant documentation or materials provided.

1.2 MultiChoice grants You a licence to use the Software specified in clause 2 (the “Licence”) only if You agree to all of the terms and conditions of this Agreement. Read this Agreement carefully before downloading, installing or using the Software. By clicking on the "I Agree" button while downloading, installing and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all or some of the terms and conditions of this Agreement, promptly click on the "Cancel" button, cancel the downloading or installation, or destroy or return the Software, all the copies and accompanying documentation and/or materials in Your possession to MultiChoice. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

2. SOFTWARE

2.1 The Software may be provided in the form of an installation disk or CD, sent to You by electronic mail, downloaded from Servers or from other sources.

2.2 As used in this Agreement, the term "Software" means the software product named "DStv Mobile Decoder". The term "Software" shall include:

2.2.1 all the contents of the disk/s, CD-ROM/s, electronic mail and its file attachments, or other media with which the Software is provided;
2.2.2 digital images, stock photographs, clip art, or other artistic work;
2.2.3 related explanatory materials, instructions manual and any other documentation and/or materials related thereto (the "Documentation");
2.2.4 upgrades, modified versions, adjustments, updates, additions (the "Updates").

3. END USER RIGHTS AND LIMITATIONS

3.1 MultiChoice grants to You, the End User, a non-exclusive, non-transferable and non-sublicensable end user right to download, install and use the Software according to the terms and conditions of this Agreement and subject to the restrictions and the permissions described in this Agreement.

3.2 The Software may only be used in Africa and its adjacent islands.

3.3 You may make one copy of the Software as an archival back-up copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement. You may install the Software on a single hard disk provided that the original Software is stored only for back-up purposes.

3.4 You may not, partially or in whole, copy, adapt, transform, modify in any way, translate, reproduce, distribute the Software or parts of it, make derivative works or incorporate it or part of it in other software, except as expressly provided in this Agreement. You may only use the Software in accordance with the provisions of this Agreement.

3.5 You may not sell, transfer, assign, sublicence, rent, lease or lend the Software or otherwise dispose of it, with or without consideration. You may not assign or transfer the present Agreement, nor the rights and obligations arising out of it, or otherwise dispose of it.

3.6 You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software.

3. 7 You may not reproduce the Documentation related to the Software, which is solely owned by MultiChoice and/or its licensors.

3. 8 The right to use the Software under this Agreement does not extend to the source code of the Software.

4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

4.1 The Software and all rights, including, without limitation, copyright and intellectual property rights therein, are owned by MultiChoice and/or its licensors and are protected by international treaty provisions and all other applicable national and international laws of the jurisdiction in which it is being used.

4.2 The structure, organization and code of the Software, techniques, algorithms, processes contained in the Software are the valuable trade secrets and confidential information of MultiChoice and/or its licensors.

4.3 Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.

5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES

5.1 If the Software supports multiple platforms or languages, if You receive the Software on multiple media, or if You otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software may be installed shall be one computer. You may not sell, rent, lease, sublicence, lend, assign or transfer, any title, versions or copies of the Software You do not use.

5.2 MultiChoice may update or modify the Software, in which case all the terms and conditions of this Agreement shall apply. If the Software is an update to a previous version of the Software, You must possess a valid end user right to such previous version in order to use the update and You may use the previous version for ninety (90) days after you receive the update in order to assist You in the transition to the update. After such time You no longer have a right to use the previous version, except for the sole purpose of enabling You to install the Update.

6. COMMENCEMENT AND TERMINATION

6.1 This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting, destroying or returning, at your own cost, the Software, all the copies and all related Documentation and/or materials provided by MultiChoice, by giving written notice to MultiChoice to the address set out in clause 12.

6.2 MultiChoice reserves the right to terminate this Agreement at any time and without notice and to ask You to return, delete or destroy, at your own cost, the Software, all the copies and all the related Documentation and/or materials provided.

6.3 If you infringe clause 3 of this Agreement, MultiChoice has the right to immediately terminate the Agreement, without notice, in addition to compensation for all damages suffered.

6.4 In case of termination of this Agreement, for any reason, you must immediately delete, destroy or give back to MultiChoice, at your own cost, the Software, all copies and all the related Documentation and/or materials provided.

7. WARRANTIES EXCLUSION

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND NEITHER MULTICHOICE NOR ITS AFFILIATES, LICENSORS, OR COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY MULTICHOICE, ITS AFFILIATES OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT. EVENTUAL WARRANTIES, IF COMPULSORY, SHALL BE MADE FOR THE MINIMUM TERM PERMITTED BY APPLICABLE LAW.

8. MULTICHOICE’S OBLIGATIONS AND END USER RIGHTS

This Agreement creates no obligations on the part of MultiChoice and/or its affiliates other than as specifically set forth herein and grants You no rights other than those specifically set forth herein.

9. EXCLUSION/LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MULTICHOICE, ITS AFFILIATES, DIRECTORS, THEIR EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, SUFFERED BY YOU OR THIRD PARTIES, PHYSICAL AND ABSTRACT DAMAGE, ECONOMIC AND NON-ECONOMIC DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, GENERAL AND SPECIAL DAMAGE, LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY INCIDENTAL COVER, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, DELICT, NEGLIGENCE, OR OTHER FORM OF LIABILITY, INCLUDING LOST DATA, ARISING OUT OF THE INSTALLATION, USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE LACK OF CONDITIONS AND REQUIREMENTS WHICH ALLOW A FULL AND EFFECTIVE USE OF THE SOFTWARE, EVEN IF MULTICHOICE, ITS AFFILIATES, DIRECTORS, THEIR EMPLOYEES OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. TECHNICAL SUPPORT

MultiChoice has no obligation to furnish You with technical support unless separately agreed in writing between You and MultiChoice.

11. EXPORT CONTROL

If the Software is subject to import or export controls, You agree to comply strictly with all applicable import and export regulations and You acknowledge that You have the responsibility to obtain all the necessary licences to export, import, re-export, transfer or import the Software.

12. NOTICES AND CONTACT INFORMATION

All notices and return of the Software and related Documentation and/or materials shall be delivered, by registered letter with advice of receipt, to:

MultiChoice Africa (Pty) Ltd.
C/o MultiChoice Legal Department
251 Oak Avenue
Randburg

13. APPLICABLE LAW AND GENERAL PROVISIONS

13.1 This Agreement is governed by the laws of the Republic of South Africa.

13.2 All disputes arising out of, or in connection with, this Agreement shall be referred to the Magistrate Court regardless of the amounts involved.

14. MISCELLANEOUS PROVISIONS

14.1 If any part of this Agreement is found void or unenforceable, this will not affect the validity of the rest of the Agreement.

14.2 You will keep all information given by MultiChoice in relation to the Software strictly confidential and will use all necessary attentions not to divulge them to non authorised third parties.

14. 3 MultiChoice confirms that all end user personal data shall be processed only for purposes connected to the management of this Agreement.

Handsets

Terms and Conditions of Service

MULTICHOICE MOBILE TELEVISION BROADCASTING SERVICES
TERMS AND CONDITIONS OF USE

1 Interpretation and definitions

1.1 In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and similar expressions bear corresponding meanings –

1.1.1 "Activation" and "Activate" means the granting by MultiChoice to you of access to the Selected Service(s) in accordance with the provisions of this Agreement;

1.1.2 "Activation Date" means the date on which MultiChoice grants you access to the Selected Service(s);

1.1.3 "Agreement" means these Terms and Conditions of Use agreed to by you and as the same may be amended by MultiChoice from time to time;

1.1.4 "Continuous Subscription" means the purchase by you of Selected Service(s) for a Term which is subject to automatic Renewal Periods;

1.1.5 "Credit Bureaux" means all credit bureaux which have applied for registration or have been registered as a credit bureau in accordance with the provisions of the National Credit Act 34 of 2005;

1.1.6 "Device" means any phone, cellular device, personal computer, IP enabled device (including notebooks and tablets) or any other handheld or portable device enabled or configured or capable of being enabled to receive the Selected Service(s) either directly or indirectly via an intermediary device;

1.1.7 "Due Date" means in respect of Continuous Subscriptions only, the day in each and every month on which you must pay the Mobile Operator or its Service Provider, the Subscription Fee as detailed in the Price List;

1.1.8 "DVB-H Network" means the network owned, operated and maintained by MultiChoice for the provision of the Selected Service(s);
1.1.9 "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;

1.1.10 "Intellectual Property" means any and all rights, title and interest in intellectual property (whether registered or not), including, past and future copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, databases, graphics, icons, semi-conductor topography, know-how, trade secrets and inventions (whether patentable or not), goodwill and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property which are owned, licenced to, used and/or held (whether or not currently) by MultiChoice;

1.1.11 "Mobile Operator" means the Mobile Operator with whom you have contracted for the provision to you of a mobile cellular telecommunications service and which Mobile Operator has also been appointed by MultiChoice to act as its agent in respect of the provision of the Selected Service(s) to you;

1.1.12 "MultiChoice" means MultiChoice Africa (Proprietary) Limited registration number 1994/009083/07 and its successors and assignees;

1.1.13 "Personal Information" means your personal information, including but not limited to your name, age, date of birth, gender, occupation, income, place of work, work address, telephone number, home language, bank account details, residential address, email address, contact details, Device type, viewing habits, views, opinions and related information and whether you are a pre or a post paid subscriber;

1.1.14 "Price List" means the schedule detailing the Subscription Fees levied by MultiChoice for the Selected Service(s) and as approved by MultiChoice or any relevant regulatory authority (as the case may be). The Price List may be amended by MultiChoice from time to time and is published on our website at www.dstvmobile.com and is also available on request from MultiChoice, the Mobile Operator and/or its Service Providers;

1.1.15 "Renewal Period" means a period equal to the Term purchased by you commencing on the day following the last day of the Term initially purchased by you or on the day immediately following the last day of the preceding Renewal Period as the case may be until cancelled by you or MultiChoice in accordance with the provisions of this Agreement;

1.1.16 "Selected Services(s)" means the MultiChoice Bouquet(s) provided and distributed by MultiChoice to Devices by means of the DVB-H standard and any additional offerings made available by MultiChoice from time to time and which Selected Service(s) are purchased by you from MultiChoice in terms of this Agreement;

1.1.17 "Service Provider" means the person – (i) duly appointed and authorised by the Mobile Operator to perform some or all of its obligations in terms of the Mobile Operator’s appointment by MultiChoice to act as its agent in respect of the provision of the Selected Service(s) to you; or (ii) appointed by MultiChoice to act as its agent in respect of the provision of the Selected Service(s) to you;

1.1.18 "Single Subscription" means the purchase by you of Selected Service(s) for the duration of a single Term only and in terms of which your access to and use of the Selected Service(s) will automatically terminate at the end of the Term;

1.1.19 "Subscription Fees" means the fee payable in advance by you in respect of your Continuous Subscription or Single Subscription (as the case may be) to the Mobile Operator or its Service Provider in consideration for your access to the Selected Service(s) and for your use of the DVB-H Network, as detailed in the Price List from time to time;

1.1.20 "Subscriber Equipment" means the subscriber equipment required for the receipt of the Selected Service(s), including the Devices, the SIM cards and required accessories;

1.1.21 "Systems" mean the systems which MultiChoice deems necessary for or associated with the provision of the Selected Service(s), including but not limited to the conditional access system, the digital rights management system, the electronic programming guide, satellite capacity, signal distribution, technical services, the software operating system, software applications, the subscriber management services and the business systems;

1.1.22 "Term" means the period displayed on the Electronic Services Guide (ESG) on your Device and purchased by you in respect of your access to and use of the Selected Service(s);

1.1.23 "VAT" means value added tax as provided for in the Value Added Tax Act, 1991.

1.2 Unless otherwise specifically stated to the contrary, no term or provision contained in this Agreement is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the ECT Act to any natural person who enters into or who intends entering into an electronic transaction with MultiChoice for the provision of the Selected Service(s).

2 introduction

2.1 This Agreement sets out the terms and conditions which are applicable to MultiChoice’s mobile television broadcasting services. The terms and conditions applicable to all of MultiChoice’s other service offerings are available at www.dstv.com.

2.2 You have requested us to authorise you to have access to the Selected Service(s) and MultiChoice has granted you access to the Selected Service(s) on the terms and conditions set out in this Agreement.

2.3 Regardless of the place or date of your request and notwithstanding the use of agents or other intermediaries by MultiChoice, the Agreement is concluded at MultiChoice's principal place of business situate at 251 Oak Avenue, Randburg, South Africa and commences on the date when we first Activate your access to the Selected Service(s). It is agreed by us that for the purposes of acceptance and conclusion of this Agreement, Activation will always be deemed to take place at MultiChoice's aforesaid principal place of business.

2.4 Where your Device does not have the functionality required for electronic acceptance of this Agreement, your access to the Selected Service(s) shall constitute your acceptance of all of the terms and conditions in this Agreement. This Agreement constitutes a legal agreement between you and MultiChoice and where your Device does not have the functionality required for electronic acceptance of this Agreement you are legally bound by this Agreement as soon as we Activate your access to the Selected Service(s). You specifically authorise us to Activate the Selected Service(s) upon receipt of your request for access to the Selected Service(s).

2.5 Where your Device does have the functionality required for electronic acceptance of this Agreement, your formal acceptance of this Agreement shall constitute your acceptance of all of the terms and conditions in this Agreement. This Agreement constitutes a legal agreement between you and MultiChoice and where your Device does have the functionality required for electronic acceptance of this Agreement, you are legally bound by this Agreement from the date on which MultiChoice receives your electronic acceptance of this Agreement. You specifically authorise us to Activate the Selected Service(s) upon receipt of your formal acceptance of this Agreement.

2.6 If you do not agree to all of the terms and conditions contained in this Agreement, you may not use the Selected Service(s).

2.7 We reserve the right, in our sole discretion, to vary or amend this Agreement from time to time. In this event, we will notify you of such changes and a copy of the revised Agreement will be published on our website at www.dstvmobile.co.za. Should you not wish to contract with us on the basis of the varied or amended terms of this Agreement you shall be entitled to cancel this Agreement in accordance with the terms and conditions set forth herein.

3 Commencement and duration of this agreement

3.1 This Agreement shall commence on the Activation Date and continue for the Term if purchased as a Single Subscription or continue automatically for an unlimited number of Renewal Periods, if purchased as a Continuous Subscription, unless terminated by -

3.1.1 you by requesting cancellation via the relevant functionality on your Device or by calling your Mobile Operator's or Service Provider's contact centre and requesting the cancellation of your subscription to the Selected Service(s) at least 3 (three) days before your Continuous Subscription is due to expire; or

3.1.2 MultiChoice on 1 (one) months notice to you, if the Term purchased by you is a monthly Continuous Subscription; or

3.1.3 MultiChoice on at least 3 (three) days notice to you, if the Term purchased by you is a weekly Continuous Subscription; or

3.1.4 MultiChoice on immediate notice to you, if the Term purchased by you is a Single Subscription; or

3.1.5 MultiChoice in terms of clause 14.

3.2 If this Agreement is cancelled by you in terms of clause 3.1.1, this Agreement will terminate -

3.2.1 at the end of the Term, if you have purchased the Selected Service(s) as a Single Subscription; or

3.2.2 at the end of the week in which your notice of cancellation is received by MultiChoice, if you have purchased the Selected Service(s) as a weekly Continuous Subscription; or

3.2.3 at the end of the month in which your notice of cancellation is received by MultiChoice, if you have purchased the Selected Service(s) as a monthly Continuous Subscription.

3.3 MultiChoice will provide you with an opportunity in respect of your purchase of the Selected Service(s) to –

3.3.1 review the terms and conditions of this Agreement and the Selected Service(s) you have elected to purchase;

3.3.2 correct any mistakes with regard to the Selected Service(s) you have elected to purchase; and

3.3.3 withdraw from your purchase, before finally confirming your purchase.

3.4 MultiChoice will make every commercially reasonable effort to immediately provide you with access to the Selected Service(s) after Activation by MultiChoice of the Selected Service(s) but will not be liable to you or to any other person if access to or use of the Selected Service(s) is delayed or cancelled for whatever reason.

3.5 There is no cooling off period as envisaged under section 44 of the ECT Act due to the fact that the Selected Service(s) are incapable of being returned by you to us by reason of their nature and are services which begun with your consent before the 7 (seven) day cooling off period referred to in section 44 (1) of the ECT Act.

3.6 The termination of the Agreement will not affect or prejudice –

3.6.1 either party’s rights or remedies in respect of the period prior to termination; and

3.6.2 those rights and obligations contained in the Agreement which are intended, either expressly or by implication, to survive beyond such termination.

4 changes to features, functionality and systems

4.1 From time to time, we may –

4.1.1 replace, withdraw or otherwise amend the content, features and/or functionality of the Selected Service(s), or restrict their availability;

4.1.2 make any changes (including but not limited to adding new programming, channels, services, bouquets, applications and facilities, and dropping others) to the range, nature, format and content of the services provided by us from time to time, including –

4.1.2.1 the range of Selected Service(s) offered;

4.1.2.2 the composition of specific broadcast bouquets;

4.1.2.3 the range, nature and number of any ancillary applications,
facilities or services (including but not limited to MultiChoice's electronic programme guide and other interactive services);

4.1.3 advise you of additional applications, features or functionality which are available, the conditions applicable thereto and the charges therefore, if any, which, if you accept them, will be included in the Selected Service(s), and you will be obliged to pay the additional charge, if any in respect thereof; and

4.1.4 change a feature or functionality forming part of the Selected Service(s) into one that you must pay an additional charge for if you wish to continue receiving it.

4.2 The various Systems necessary for or associated with the provision of the Selected Service(s) (including without limitation technical services, signal distribution and satellite capacity, the conditional access system, the software operating system, software applications, subscriber management services and business systems) are determined by us from time to time and are subject to ongoing innovation and change. Without limiting the above, you agree that we may -

4.2.1 change or replace the software of these Systems, by whatever means necessary to address any problems relating to the software, to improve security, to provide additional functionality, and to ensure that the Subscriber Equipment used by you is not authorised to decrypt signals other than those authorised by MultiChoice; and/or

4.2.2 recommend that you upgrade, reconfigure or swap-out ("swap-out") one or more of the hardware components used by you in accessing the Selected Service(s), if your continued access to the Selected Service(s) will be negatively affected if the swap-out does not happen; and/or

4.2.3 disable or remotely alter your access to the Selected Service(s) to prevent you from copying certain channels or programmes if we become obliged to do so or deem it necessary to do so.

4.3 You may at any time request us to authorise you to access one or more additional Selected Service(s). If we agree to such request we will determine and advise you of the fees to be paid by you in respect of the new Selected Service(s). We may refuse your request in our discretion.

5 access to AND USE OF THE Selected SERVICE(s)

5.1 If you wish to purchase the Selected Service(s) as a Continuous Subscription, your request to purchase the Selected Service(s) will be subject to the normal credit vetting practices of MultiChoice, the Mobile Operator and/or the Service Providers and may be approved or rejected by MultiChoice, the Mobile Operator and/or its Service Providers, depending on the outcome of the credit vetting. If your request to purchase the Selected Service(s) as a Continuous Subscription is not accepted, you will be notified of such decision and will be furnished with reasons for the decision.

5.2 You shall only use a DVB-H capable Device and/or SIM card provided by the Mobile Operator and/or the Service Providers to receive and/or decrypt the Selected Service(s).

5.3 You shall comply with all relevant legislation and regulations as well as with all lawful directives given by MultiChoice, the Mobile Operator and/or the Service Provider relating to your access to the Selected Service(s), your use of the DVB-H Network and your use of the Systems and/or the Subscriber Equipment.

5.4 You shall not act or omit to act or allow others to do so in any way likely to damage, disrupt or interfere with the Systems or the DVB-H Network or to injure or damage any person or property or to cause the quality of the Selected Service(s) to be impaired or interrupted in any manner whatsoever.

5.5 The Systems are and will be determined and provided by MultiChoice in its sole discretion, or by one of its affiliated companies or appointed agents.

5.6 You may only receive and use the Selected Service(s) for private, personal or domestic use.

5.7 You may not -

5.7.1 receive and/or use the Selected Service(s) for the financial or any other material benefit of a third party in a public place, including but not limited to a hotel, pub, club, hostel, embassy or business premises;

5.7.2 exhibit or display the Selected Service(s) to the public, whether or not an admission fee is charged;

5.7.3 charge any person a fee or receive any financial or other benefit from permitting any person or persons to view or use the Selected Service(s);

5.7.4 use the Selected Service(s) for any other commercial/public purpose;

5.7.5 copy or attempt to copy, record or attempt to record, distribute, modify, reformat, display, licence, transmit, perform, publish, transfer, reverse engineer or decompile the Selected Service(s) or otherwise make available, any or all of the Selected Service(s);

5.7.6 use, permit, facilitate or condone the use of any video recording equipment, video cassette, transmitter, cable distribution system or other system or method, to duplicate, reproduce, sell, broadcast, distribute or otherwise use or transmit the Selected Service(s) to any other party, under any circumstances or for any purpose whatever;

5.7.7 use, permit, facilitate or condone the use of any of MultiChoice’s Intellectual Property (including its trademarks and those of its affiliates, channel suppliers and/or content providers);

5.7.8 use the Selected Service(s) in conjunction with any third party services and/or products;

5.7.9 use the Selected Service(s) to promote and/or market any other service and/or product;

5.7.10 have access, or attempt to have access, to any MultiChoice service other than the Selected Service(s);

5.7.11 redistribute, relay, retransmit or rebroadcast any of the content of the Selected Service(s), including any copy thereof that you may have made;

5.7.12 interrupt, alter, add to, delete or edit any part of the Selected Service(s), or excerpt therefrom any material for any purpose, in any way, nor permit, facilitate or condone any such interruption, alteration, addition deletion or editing or excerpting;

5.7.13 hack, reverse engineer, decompile, modify, tamper with or otherwise compromise the security of the conditional access system, the digital rights management system, the operating software or encryption software used in the Device to receive the Selected Service(s) or attempt to do so or permit, facilitate or condone any other person doing so; or

5.7.14 commit, permit, facilitate or condone the commission of any other act which constitutes an act of piracy.

5.8 The use of switching and similar technologies in respect of the Selected Service(s) and the insertion of logos, scrolling banners, 'squeeze backs' and other materials on or over the Selected Service(s) is strictly prohibited. You shall ensure that the Selected Service(s) are received on the Devices without modification, tampering, interference or insertion or substitution of any materials into or adjacent to the Selected Service(s) or part thereof.

5.9 YOU ARE MADE AWARE THAT A BREACH BY YOU OF THE PROVISIONS OF CLAUSES 5.7 AND 5.8 MAY CONSTITUTE CRIMINAL ACTIVITY AND WILL RESULT IN CONSIDERABLE PREJUDICE AND DAMAGE TO US AND/OR OUR CHANNEL SUPPLIERS AND CONTENT PROVIDERS WHICH MAY BE DIFFICULT OR IMPOSSIBLE TO QUANTIFY.

5.10 In the event of your MISISDN number being changed and/or your SIM card and/or your Device being replaced, MultiChoice reserves the right to transfer or maintain your current subscription or to charge for and Activate a new subscription.

5.11 MultiChoice does not provide any refund or exchange policy in respect of your purchase of the Selected Service(s) as they entail the right to access DVB-H broadcast content and are not capable of being returned to you.

6 your RIGHTS AND obligations

6.1 Once your subscription has been activated, you remain liable for the payment of the Subscription Fees for the duration of the Term regardless of whether you are in a geographic area which is capable of receiving the Selected Service (s) or not.

6.2 Notwithstanding the provisions of clause 6.1, you may cancel your subscription at any time during the Term to avoid any automatic or otherwise pre-approved re-activation of your subscription to the Selected Service(s). The provisions of clause 3.2 will be applicable to any cancellation of this Agreement by you.

6.3 You undertake during the currency of this Agreement to take all reasonable steps to prevent the viewing of restricted material by children below the age restriction which may be laid down by MultiChoice or its channel suppliers or by any applicable regulatory authority from time to time. MultiChoice will provide you with parental control guidance, where applicable, in respect of the programmes broadcast as part of the Selected Service(s) but assumes no responsibility whatsoever for the implementation of those parental control guidelines on any device. The configuration and implementation, where applicable, of parental control functionality on any device that decrypts the Selected Service(s), is your sole responsibility.

7 FEES

7.1 MultiChoice has appointed the Mobile Operator (including their Service Providers) and MultiChoice appointed Service Providers as its billing and collection agents in respect of the Subscription Fees. Payment for the Selected Service(s) must be made in accordance with the payment processes implemented by the Mobile Operator and the Service Providers and as notified to you from time to time by the Mobile Operator and/or its Service Providers.

7.2 If you have a Continuous Subscription, you must pay the Mobile Operator and/or its Service Provider, the Subscription Fee, plus VAT, weekly or monthly in advance, commencing on the Activation Date and thereafter on the Due Date of each month for the duration of the Term. The Subscription Fee must be paid in full on the Due Date.

7.3 If you have a Single Subscription, you must pay the Mobile Operator and/or its Service Provider, the Subscription Fee, inclusive of VAT in full prior to the Activation Date.

7.4 All payments to be made by you to MultiChoice shall be made to the Mobile Operator and/or the Service Provider in the currency of the Republic of South Africa.

7.5 All payments by you to the Mobile Operator and/or the Service Provider shall be made without any deduction and free and clear of exchange and bank commission, taxes, levies, charges, penalties or any other deductions imposed on you except to the extent that you are required by law to make payment subject thereto.

7.6 You agree that payment shall only be deemed to have been made to the Mobile Operator and/or the Service Provider once the monies remitted by you have been received and cleared into the Mobile Operator's and/or the Service Provider's bank account.

7.7 If payment is made by you via debit order, other electronic means or via any other intermediary, your bankers or other intermediaries will act as your agents. Debit orders will be collected by your Mobile Operator and/or the Service Providers on the dates specified in your contract with your Mobile Operator and/or the Service Providers. If you change your banking details for the debit order, you shall furnish your Mobile Operator and/or its Service Providers with written notice of such change together with your new banking details immediately after such change has been effected.

7.8 The Subscription Fees applicable to the Selected Service(s) are available at the following website: www.dstvmobile.co.za or at your Mobile Operator's and/or the Service Provider's contact centre.

7.9 We will publish any change in the Subscription Fee in a notice, directive or amended tariff plan at the following website: www.dstvmobile.co.za or at any approved Mobile Operator or Service Provider branch. On accessing the Selected Service(s) after notification of such change you shall be deemed to have accepted the amended Subscription Fee. Should you not agree to such change you shall be entitled to terminate this Agreement in accordance with the provisions of clause 3.1.1.

7.10 Unless stated otherwise, all prices and Subscription Fees set out in the Price List are inclusive of VAT and any other applicable tax or duty. You will have to pay any VAT, tax or duty that is payable in respect of the Subscription Fees.

8 Electronic messaging

8.1 You consent to MultiChoice and the Mobile Operator sending electronic messages to your Device in order for us to -

8.1.1 inform you of amendments to this Agreement and to the Subscription Fees;

8.1.2 furnish you with access to this Agreement;

8.1.3 communicate information to you regarding your account;

8.1.4 inform you of planned and unplanned interruptions;

8.1.5 inform you of available products and services ;

8.1.6 inform you of promotions and special offers;

8.1.7 inform you of MultiChoice's and/or its channel supplier's and/or affiliated companies' and/or nominated agents' services.

8.2 MULTICHOICE HAS NO LIABILITY TO YOU, ANY MEMBER OF YOUR HOUSEHOLD OR ANY THIRD PARTY AS A RESULT OF OR IN CONNECTION WITH ELECTRONIC MESSAGING (SAVE AS MAY RESULT FROM OUR GROSS NEGLIGENCE) WHETHER BY US, BY YOU, OR BY A THIRD PARTY, USING OUR SERVICES AND EQUIPMENT AND YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY LOSS OR HARM THAT YOU, ANY MEMBER OF YOUR HOUSEHOLD OR A THIRD PARTY MAY INCUR AS A RESULT OF ANY SUCH COMMUNICATIONS.

9 CONSUMER CREDIT AND PERSONAL INFORMATION

9.1 On subscribing to the Selected Service(s) or on electronic acceptance by you of this Agreement, you have provided your express permission for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of your Personal Information for the purposes set out in this clause 9.

9.2 You acknowledge and expressly give your consent to your Personal Information being -

9.2.1 used to inform you of changes to this Agreement, the Selected Service(s), the Systems, the Subscriber Equipment, the DVB-H Network and any related applications, functions and facilities;

9.2.2 used to monitor, capture, record, receive, store, process, analyse and used for our own quality control, training and/or marketing purposes your and the members' of your households viewing habits and profile and to retrieve such information from your Subscriber Equipment and to disseminate the same to our employees and Affiliated companies;

9.2.3 used to process and administer your requests for access to the Selected Service(s) and your access to the Selected Service(s) and use of the Systems and DVB-H Network;

9.2.4 used to advise you of any new services or related facilities and to perform targeted advertising which may be made available to you via SMS, MMS or an on device portal specially installed by you on your Device for the purposes of receiving such targeted advertising;

9.2.5 used to improve the Selected Service(s) and/or for the creation of new products and services;

9.2.6 used to inform you of any promotional competitions;

9.2.7 used to administer this Agreement;

9.2.8 used by companies affiliated with MultiChoice for purposes of marketing the services of those affiliated companies;

9.2.9 used by and disclosed to any company which acquires MultiChoice's business or any part thereof;

9.2.10 used by MultiChoice for the purposes of marketing its services;

9.2.11 used by the Mobile Operator and/or the Service Providers, their affiliated companies, their successors-in-title for the performance of their obligations as MultiChoice's agent;

9.2.12 disclosed by the Mobile Operator and/or the Service Providers to MultiChoice and/or its Affiliates as part of their obligations as MultiChoice’s agent or as the Mobile Operator’s agent (as the case may be); or

9.2.13 disclosed by MultiChoice, the Mobile Operator or the Service Providers to the extent required to comply with any applicable law.

9.3 MultiChoice has implemented technology, policies, and processes aimed at protecting the confidentiality, integrity and availability of your Personal Information. We will refine and update these measures on an ongoing basis but will not be responsible or liable for the interception or loss of Personal Information beyond our control.

9.4 MultiChoice, the Mobile Operator and the Service Providers will take reasonable steps to secure your payment information. MultiChoice, the Mobile Operator and the Service Providers will use a payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.

9.5 You consent to-

9.5.1 the Mobile Operator and/or its Service Provider accessing your Personal Information from Credit Bureaux who are members of the Credit Bureau Association and who subscribe to its Code of Conduct and to disclosing such information to MultiChoice;

9.5.2 share information about your payment profile (but not any personal banking details) with Credit Bureaux for purposes of credit information sharing, fraud prevention and debtor tracing;

9.5.3 MultiChoice, the Mobile Operator and/or the Service Providers disclosing your Personal Information and the content of this Agreement to Credit Bureaux; and

9.5.4 the Credit Bureaux providing MultiChoice, the Mobile Operator and/or the Service Providers with your credit profile and credit scores on your creditworthiness.

9.6 We will also disclose your Personal Information if and to the extent required to do so in order to comply with applicable law including the requirements of statutory authorities and/or the lawful order of any Court or Tribunal.

9.7 You may choose to opt out of receiving direct marketing and promotional materials from MultiChoice, the Mobile Operators and the Service Providers. Your election to choose this opt out must be exercised by sending STOP to 36908.

10 intellectual property

10.1 YOU ACKNOWLEDGE THAT –

10.1.1 ALL MATERIALS, INCLUDING THE CONTENT, CONSTITUTING THE SELECTED SERVICE(S) ARE PROTECTED BY COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS WHICH ARE EITHER OWNED BY, OR THE USE THEREOF IS LICENCED TO, MULTICHOICE ("CONTENT RIGHTS");

10.1.2 THE COPYRIGHT IN THE SOFTWARE AND ALL THE OTHER INTELLECTUAL PROPERTY RIGHTS INCORPORATED IN THE SUBSCRIBER EQUIPMENT, THE SYSTEMS, THE DVB-H NETWORK AND IN THE SELECTED SERVICE(S) ARE OWNED BY OR LICENCED TO MULTICHOICE ("THE SYSTEM RIGHTS");

10.1.3 YOU ACQUIRE NO RIGHT OR INTEREST IN THE CONTENT RIGHTS OR THE SYSTEM RIGHTS AND YOU SHALL USE YOUR BEST ENDEAVOURS TO MAINTAIN AND PROTECT OUR INTEREST AND THAT OF OUR SUPPLIERS AND LICENSORS IN THE CONTENT RIGHTS AND THE SYSTEM RIGHTS; AND

10.1.4 ANY INFRINGMENT OF THE CONTENT RIGHTS AND/OR THE SYSTEM RIGHTS WILL RESULT IN SUBSTANTIAL LOSS AND/OR DAMAGES TO MULTICHOICE.

10.1.5 YOU HEREBY INDEMNIFY MULTICHOICE AGAINST ANY INFRINGMENT OF THE CONTENT RIGHTS AND/OR THE SYSTEM RIGHTS BY YOU AND/OR ANY MEMBER OF YOUR HOUSEHOLD OR PERSON TO WHOM YOU GRANT ACCESS TO THE SELECTED SERVICE(S). WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING, YOU SHALL NOT USE AND SHALL NOT PERMIT, FACILIATE OR CONDONE ANY OTHER PERSON USING ANY SYSTEM OR METHOD TO DUPLICATE, REPRODUCE, SELL BROADCAST, DISTRIBUTE OR OTHERWISE USE OR TRANSMIT THE SELECTED SERVICE(S) TO ANY OTHER PARTY UNDER ANY CIRCUMSTANCES OR FOR ANY PURPOSE WHATSOEVER, OTHER THAN AS PROVIDED FOR IN THIS AGREEMENT.

10.1.6 YOU ARE NOT PERMITTED TO MANIPULATE THE CONTENT RIGHTS AND SYSTEM RIGHTS OR UTILISE THE CONTENT RIGHTS AND/OR SYSTEM RIGHTS TO SELL AN ASSOCIATED PRODUCT, AND THE UNAUTHORISED INTERCEPTION, TRANSMISSION AND COPYING OF THE CONTENTS RIGHTS AND/OR SYSTEMS RIGHTS IS STRICTLY PROHIBITED.

11 warranties

11.1 YOU HEREBY REPRESENT AND WARRANT TO AND IN FAVOUR OF MULTICHOICE THAT -

11.1.1 YOU HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AND BE BOUND BY THIS AGREEMENT.

11.1.2 THIS AGREEMENT CONSTITUTES LEGAL, VALID AND BINDING OBLIGATIONS ON YOU AND IS ENFORCEABLE AGAINST YOU;

11.1.3 ALL FACTUAL INFORMATION SUPPLIED BY YOU TO MULTICHOICE IN CONTEMPLATION OF OR FOR THE PURPOSES OF THIS AGREEMENT IS TRUE AND ACCURATE IN ALL MATERIAL RESPECTS AS AT THE DATE THEREOF AND IS NOT MISLEADING IN ANY WAY; AND

11.1.4 YOU WILL IMMEDIATELY NOTIFY THE MOBILE OPERATOR AND/OR THE SERVICE PROVIDER IN WRITING OF ANY CHANGE IN YOUR ADDRESS, CONTACT DETAILS OR BANKING DETAILS.

12 LIMITATION OF LIABILITY

12.1 All references to MultiChoice, the Mobile Operator, the Service Providers or their Affiliates in this clause 12 shall include a reference to their employees, representatives, directors, agents, consultants, subcontractors and any other persons acting on their behalf in the delivery of the Selected Service(s).

12.2 NEITHER MULTICHOICE, THE MOBILE OPERATOR, THE SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATED COMPANIES OR NOMINATED AGENTS GIVE ANY WARRANTY OR MAKE ANY REPRESENTATION -

12.2.1 AS REGARDS ANY COMPONENT OF THE SUBSCRIBER EQUIPMENT, NOR THAT YOU WILL BE ABLE TO ACCESS THE SELECTED SERVICE(S) USING THE SUBSCRIBER EQUIPMENT, NOR THAT SUCH ACCESS WILL BE CONTINUOUS AND UNINTERRUPTED;

12.2.2 AS TO THE QUALITY OF RECEPTION BY YOU OF THE SELECTED SERVICE(S) WHICH MAY SUFFER FROM DEGRADATION OR INTERRUPTION FOR A RANGE OF FACTORS OUTSIDE OUR CONTROL;

12.2.3 AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTHFULNESS OR ACCURACY OF THE CONTENT OF THE SELECTED SERVICE(S).

12.3 WE ARE NOT LIABLE –

12.3.1 FOR ANY DAMAGES SUFFERED BY YOU, ANY PERSON WHOM WE ENABLED TO HAVE ACCESS TO THE SERVICES, OR ANY OTHER THIRD PARTY, WHICH ARISES OUT OF –

12.3.1.1 THE QUALITY OF THE DISTRIBUTION OR RECEPTION OF THE SELECTED SERVICE(S);

12.3.1.2 THE SELECTED SERVICE(S) BEING INTERRUPTED OR CONTINUOUSLY UNAVAILABLE; OR

12.3.1.3 YOUR ABILITY TO ACCESS THE SELECTED SERVICE(S) WITH THE DEVICE CONTINUOUSLY OR AT ALL.

12.4 MULTICHOICE SHALL BE ENTITLED TO SUSPEND, CANCEL, VARY OR TERMINATE THIS AGREEMENT OR ANY PART THEREOF, WITHOUT INCURRING ANY LIABILITY WHATSOEVER, IN THE EVENT OF A PROHIBITION BY THE GOVERNMENT OR A REGULATORY AUTHORITY ON THE TRANSMISSION OF OR ACCESS TO THE SELECTED SERVICE(S), THE OPERATION OF THE DVB-H NETWORK OR ANY IMPOSSIBILITY OF THE PERFORMANCE BY MULTICHOICE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WHICH IMPOSSIBILITY AROSE FROM CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF MULTICHOICE.

12.5 NEITHER MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATED COMPANIES SHALL BE LIABLE -

12.5.1 FOR ANY LOSS OR DAMAGES OF ANY NATURE SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH-

12.5.1.1 ANY ACT OR OMISSION OF MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS OR THEIR AFFILIATED COMPANIES, SAVE FOR ANY ACT OR OMISSION WHICH IS WILFULLY INTENDED TO CAUSE LOSS OR IS GROSSLY NEGLIGENT;

12.5.1.2 A BREACH OF THIS AGREEMENT BY YOU;

12.5.1.3 FOR ANY INTERRUPTION, DELAY, SUSPENSION, DEFECT OR FAILURE IN THE DISTRIBUTION OR RECEPTION OF THE SELECTED SERVICE(S) BEYOND OUR REASONABLE CONTROL; OR

12.5.1.4 FOR THE CONTENT RECEIVED ON THE DEVICE OR THE CONTENT OF THE SELECTED SERVICE(S) AND YOU ACKNOWLEDGE THAT THE SELECTED SERVICE(S) MAY CONTAIN IMAGES OR MATERIAL THAT MAY BE OFFENSIVE, OBSCENE, INAPPROPRIATE AND UNSUITABLE FOR SENSITIVE VIEWERS;

12.5.2 NOTWITHSTANDING ANY EXPRESS EXCLUSION OF LIABILITY RECORDED IN THIS CLAUSE 12, NEITHER MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS NOR ANY OF THEIR AFFILIATED COMPANIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SUFFERED BY YOU OR ANY THIRD PARTY ARISING FROM ANY CAUSE, EXCEPT WHERE SUCH LOSS OR DAMAGE IS CAUSED BY THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS OR ANY OF THEIR AFFILIATED COMPANIES.

12.6 YOU INDEMNIFY AND HOLD MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS AND ANY OF THEIR AFFILIATED COMPANIES HARMLESS AGAINST ANY CLAIM BROUGHT BY ANY THIRD PARTY AGAINST MULTICHOICE, THE MOBILE OPERATOR, ITS SERVICE PROVIDERS AND ANY OF THEIR AFFILIATED COMPANIES -

12.6.1 ARISING OUT OF A BREACH BY YOU OF THE PROVISIONS OF THIS AGREEMENT;
12.6.2 AS A RESULT OF ACCESS BY A THIRD PARTY TO THE SELECTED SERVICE(S) ON THE DEVICE OR BY ANOTHER MEANS; OR

12.6.3 ASSOCIATED WITH THE PROVISION OF THE SELECTED SERVICE(S) TO YOU.

13 Suspension of access to the SELECTED SERVICE(S)

13.1 MultiChoice may at any time suspend your access to the Selected Service(s) or your access to and use of the DVB-H Network, in whole or in part, without incurring any liability whatsoever, if –

13.1.1 MultiChoice is unable to provide the Selected Service(s) due to circumstances beyond its control;

13.1.2 an agreement in terms of which MultiChoice derives its right to provide the Selected Service(s), the Systems and/or the DVB-H Network is suspended, cancelled or terminated;

13.1.3 it is necessary to protect the integrity of MultiChoice’s conditional access system or otherwise to combat, prevent or mitigate the effects of piracy;

13.1.4 any modification, maintenance or remedial work must be undertaken in respect of the Selected Service(s), Systems and/or the DVB-H Network; or

13.1.5 you breach any term of this Agreement.

13.2 If your access to the Selected Service(s) or to the DVB-H Network is suspended for any reason, you will still be liable for the Subscription Fees during the time of suspension, unless MultiChoice agrees in writing not to charge you for such Subscription Fees.

14 BREACH

14.1 Should you:

14.1.1 fail to make any payment on the Due Date if you have purchased the Selected Service(s) as a Continuous Subscription; or

14.1.2 commit any other material breach of this Agreement;

14.1.3 MultiChoice shall be entitled, without prejudice to any other rights it may have in law or in terms of this Agreement, to -

14.1.3.1 immediately, without notice to you, suspend your access to the Selected Service(s) and/or the DVB-H Network;

14.1.3.2 cancel this Agreement;

14.1.3.3 claim all legal costs, including attorney and client costs, tracing agents fees and collection charges, which MultiChoice may incur in taking any steps pursuant to such breach;

14.1.3.4 declare all amounts owing to MultiChoice by you to be immediately due and payable, notwithstanding the fact that such amounts may not yet be due and payable.

14.2 MultiChoice may, in its sole discretion, elect to reconnect your access to the Selected Service(s) and/or the DVB-H Network notwithstanding a suspension of such access, subject to the payment of a reconnection fee by you as stipulated by MultiChoice.

15 INFORMATION SUPPLIED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

The information to be made available by MultiChoice where this Agreement is concluded by means of an electronic transaction and in compliance with section 43 of the Electronic Communications and Transactions Act 25 of 2002 is available at the following website: www.dstvmobile.co.za.

16 cession, assignment and delegation

MultiChoice may cede, assign, delegate or otherwise transfer its rights and/or obligations under this Agreement without your prior written consent. You shall not be entitled to cede, assign, delegate or otherwise transfer your rights and/or obligations under this Agreement without the prior written consent of MultiChoice.

17 Notices and Domicilium

17.1 MultiChoice may send any written notice to you in any manner it deems appropriate. Any written notices sent by email, SMS, MMS, telefax or delivered by hand shall be deemed to have been received by you on the day of transmission or delivery, whichever is applicable. You may send any written notice to MultiChoice at 251 Oak Avenue,, Randburg, South Africa.

17.2 Any written notice actually received by you will be deemed to have been properly given to and received by you, notwithstanding the fact that such notice may not have been delivered to your chosen domicilium or transmitted to its chosen telefax number, email address or cellphone number.

18 Governing Law AND Jurisdiction

18.1 This Agreement is subject to the laws of the Republic of South Africa.

18.2 In terms of Section 45 of the Magistrates Court Act, 1944 (Act No. 32 of 1944), you hereby consent to the jurisdiction of the Magistrates Court having jurisdiction in terms of Section 28 of the said Act in respect of any action to be instituted against you by MultiChoice in terms of this Agreement.

18.3 In the event of you committing any breach of this Agreement or in the event of MultiChoice being required to take any legal action in order to enforce its rights in terms of this Agreement, you agree and undertake to pay MultiChoice's legal costs on the scale as between attorney and client and all the costs referred to in clause 14.1.3.3.

19 GENERAL

19.1 Each clause in this Agreement is separate and severable, the one from the other, notwithstanding the manner in which they may be linked together or grouped grammatically and if any paragraph or clause is found by a court of competent jurisdiction to be defective or unenforceable for any reason, the remaining clauses, as the case may be, will nevertheless be and continue to be of force and effect.

19.2 This Agreement constitutes the whole agreement between the parties hereto relating to the matters dealt with in this Agreement and save to the extent otherwise provided in this Agreement no warranty, representation, undertaking, term or condition relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on any of the parties hereto.

19.3 No addition to or variation, deletion, or agreed cancellation of any clause or provision of this Agreement will be of any force or effect unless in writing and signed by or on behalf of the parties hereto.
19.4 No indulgence or extension of time granted by MultiChoice to you shall operate as a waiver of any of the rights of MultiChoice or as an estoppel against MultiChoice.

This Agreement will endure for the benefit of and be binding upon the successors in title and permitted assignees of the parties hereto or either of them.

Walka

Terms and Conditions of Service

Agreement governing subscription to MultiChoice Service by individuals for their private use (South Africa and Lesotho)

Interpretation

1 In this Agreement the following terms will have the following meanings –

1.1 "Advanced Decoder Functionality" means new and developing technological functions supported by your Approved Decoder, including PVR Functionality, the ability to view different channels simultaneously in different viewing environments, and the ability to access the BoxOffice Service;

1.2 "Agreement" means this subscription agreement, as amended from time to time;

1.3 "Approved Decoder" means a decoder which complies with our specifications;

1.4 "Bouquet" means a package of audiovisual, audio and/or data channels;

1.5 "BoxOffice Service" means the service whereby you may view a Movie Title on the terms and conditions set out in this Agreement;

1.6 "Consumer Protection Act" means the Consumer Protection Act, 68 of 2008, as amended from time to time;

1.7 "Content Rights" means the copyright and other intellectual property rights to all materials, including the content, constituting the MultiChoice Service;

1.8 "Coverage Area" means the geographic area in South Africa and Lesotho in which the MultiChoice Service, or an aspect of the Service, is provided;

1.9 "DVB-H" means digital video broadcast via handheld;

1.10 "Due Date" means the date by when we must receive payment of your fees in terms of this Agreement, being –

1.10.1 in the case of a New Subscription, the day on which you wish us to activate your subscription to the MultiChoice Service; and

1.10.2 the last day of the billing month;

1.11 "Equipment" means the subscriber equipment required for the receipt of the MultiChoice Service, including the Approved Decoder, Smartcard, the related satellite reception equipment and cabling;

1.12 "General Amendment" means an amendment of this Agreement by us from time to time on notice to you and other subscribers;

1.13 "HDD" means the hard drive memory of a PVR Decoder;

1.14 "Manufacturer" means the manufacturer of the Equipment;

1.15 "Mobile Decoder" means an Approved Decoder which receives the DVB-H signal, decrypts it, and then relays it to enabled viewing devices;

1.16 "Movie Title(s)" means audiovisual and other content owned or licensed by us and made available by us for your selection on the BoxOffice Service;

1.17 "MultiChoice", "we" or "us" means MultiChoice Africa (Pty) Limited, a company registered in South Africa with registration number 1994/009083/07, and any other person (including any legal person) to which that company may transfer its rights, obligations and interest in terms of this Agreement;

1.18 "MultiChoice Service" means one or more of the Bouquets and the associated services, features, facilities and applications provided by us or by Electronic Media Network Limited, as the case may be;

1.19 "New Subscription" means a request for access to the MultiChoice Service by a person who does not have an active subscription to the requested service at the time of requesting access to the MultiChoice Service, regardless of whether or not that person has previously subscribed to the MultiChoice Service in respect of which access is requested;

1.20 "Payment Instruction" means the instruction by you to your bank to pay your fees due in terms of this Agreement by way of a debit order or similar payment method;

1.21 "PVR Decoder" means an Approved Decoder with PVR Functionality;

1.22 "PVR Functionality" includes the function of time-shifting, buffer, copying, memory, replay and any other similar functionality of the PVR Decoder introduced from time to time;

1.23 "Smartcard" means a smartcard supplied by us for use in an Approved Decoder in order for you to access and use the MultiChoice Service;

1.24 "Subscriber" or "you" means a person who requests, or who has authorised another person to request on his behalf, access to the MultiChoice Service on the terms and conditions of this Agreement, whose request is accepted by us, and whose subscription to the MultiChoice Service is active;

1.25 "System Rights" means the copyright and other intellectual property rights in the Equipment and in the MultiChoice Service, including the software incorporated therein;

1.26 "User Manual" is the standard operating instructions for your Approved Decoder, a copy of which is also available on the Website;

1.27 "VAT" means Value Added Tax or any similar consumption based tax which we or our agents may be obliged to levy and/or collect;

1.28 "Website" means www.dstv.com;

1.29 "your Request" means your request for access to the MultiChoice Service.

2 Any reference in this Agreement to –

2.1 the singular includes the plural, and vice versa; and

2.2 one gender includes the other gender.

Terms and conditions of Agreement

3 The terms and conditions on which we authorise persons to have access to the MultiChoice Service are set out below.

4 By subscribing to the MultiChoice Service you agree to be bound by this Agreement as amended from time to time.

Request for MultiChoice Service

5 Your Request may be made –

5.1 telephonically;

5.2 if applicable, via your Approved Decoder;

5.3 in writing to us by completing and submitting a Subscriber Agreement Schedule in the form used by us from time to time ("your Schedule"); or

5.4 for the BoxOffice Service, by registering on the Website or any other website we may use from time to time.

6 If we accept your Request, an agreement will come into effect between you and us on the terms and conditions set out in this Agreement, read with your Schedule (if applicable). If there is a conflict between these terms and conditions and your Schedule, the provisions of your Schedule will prevail.

7 If we refuse your Request (which we reserve the right to do), we will have no obligation to you arising from your Request.

Place of Agreement, commencement and duration

8 This Agreement is deemed to be concluded at our principal place of business in Randburg, South Africa and commences on the date on which we accept your Request by activating your subscription to the MultiChoice Service.

9 This Agreement is binding on you and us unless and until –

9.1 we notify you (in any manner, whether telephonically, electronically, in writing or in person) that we are terminating this Agreement with effect from a specified future date, which we may do at any time; or

9.2 you notify us (in any manner, whether telephonically, electronically, in writing or in person) that you are terminating this Agreement with effect from a specified future date, which you may do at any time subject to clauses 11 and 12.

10 The suspension or termination of this Agreement will not affect –

10.1 our rights or remedies, or yours, for the period prior to suspension or termination, as the case may be; or

10.2 those rights and obligations which this Agreement intends, either expressly or by implication, will survive beyond suspension or termination.

11 If you terminate this Agreement in terms of clause 9.2, such termination will take effect from the last day of the billing month in which the termination notice is received.

12 Your notice of termination must be received by us at least five business days prior to the Due Date in respect of the next billing month. If we do not receive your notice of termination by then, we cannot guarantee that payment instructions for the following billing month will be cancelled in time, and you hereby waive any claim against us in respect of any costs or expenses incurred as a result thereof.

Hardware

13 Other than in respect of a Mobile Decoder, only you and members of your household may use the Smartcard to access the MultiChoice Service.

14 You may not tamper with, use or attempt to use the Smartcard or other Equipment for any purpose not authorised by us.

15 We may disable the Smartcard, whether temporarily or permanently, if –

15.1 any unauthorised person uses the Smartcard;

15.2 the Smartcard is damaged, lost or stolen;

15.3 you are in breach of this Agreement;

15.4 the period for which you have paid for your subscription to the MultiChoice Service has expired and we have not received payment for the following subscription period;

15.5 it is necessary to protect the integrity of the conditional access system used for the MultiChoice Service; or

15.6 it is otherwise reasonable to do so.

16 You may only access the MultiChoice Service by using a Smartcard supplied by us in an Approved Decoder and in accordance with the applicable User Manual.
17 We recommend that you –

17.1 ensure that the Equipment is correctly installed;

17.2 keep the Smartcard in the Approved Decoder; and

17.3 keep your decoder connected, at least in standby mode when not in use, to the main power supply and to the satellite reception equipment, to enable the updating of the software in the decoder via satellite and in order to ensure that your continued access to the MultiChoice Service is not negatively affected. You acknowledge that in standby mode certain Approved Decoders generate heat and that you will position your decoder with these factors in mind.

18 We cannot guarantee that you will be able to access the MultiChoice Service, or any aspect thereof, either optimally or at all, if you do not act in accordance with clauses 13, 14 and 17.

19 If your Smartcard is damaged, lost or stolen –

19.1 you must inform us thereof within 48 hours of you becoming aware thereof; and

19.2 we or one of our duly authorised representatives will then replace the Smartcard, subject to the payment by you of a replacement fee.

User Manual

20 You agree to comply with the User Manual applicable to the Approved Decoder used by you.

21 If there is any conflict between the provisions of this Agreement and the User Manual, this Agreement will prevail.

Warranty

22 Subject to the provisions of the Consumer Protection Act, if the period of the Manufacturer's warranty in relation to your Approved Decoder has not expired and you are not in breach of the terms thereof, you may be entitled to have that Approved Decoder repaired or replaced subject to the terms of that warranty.

Advanced Decoder Functionality

23 If you own a decoder with Advanced Decoder Functionality you may request us to authorise you to use one or more such functions for purposes of accessing and using the MultiChoice Service, for which you agree to pay the requisite fees as amended by us from time to time. The provisions of clause 24 apply if we agree to your request by authorising you to use such functionality.

24 You acknowledge that –

24.1 Advanced Decoder Functionalities are developing technologies;

24.2 part of the memory space in the HDD is reserved for use by us for existing and future applications and content, fault reporting and capturing user profiles;

24.3 we are not liable to you for any loss of memory space in the HDD or for any loss or corruption of content recorded on the HDD;

24.4 the memory space available for your use on the HDD is a finite resource and we are not obliged to provide you with additional memory space if you exhaust the memory space in your HDD.

25 If we suspend your authority to access the MultiChoice Service or if the Agreement is terminated you will no longer have the right to use the Advanced Decoder Functionality or to access any content recorded on the HDD.

26 We cannot guarantee that Advanced Decoder Functionality will be available at all places in South Africa and Lesotho.

27 Clause 39.9 will apply if you sell or otherwise transfer a decoder with Advanced Decoder Functionality. You acknowledge that any content recorded on the HDD may not be sold or transferred to any person.

BoxOffice Service

28 In order to be able to access and use the BoxOffice Service you must register for that service. Please refer to the Website or contact MultiChoice for further information on how to register for the BoxOffice Service.

29 Once you are registered for the BoxOffice service, MultiChoice will make available on your PVR Decoder for your selection Movie Titles for a period of time ("Availability Period").

30 The selection of Movie Titles and their Availability Period will be set out on the Website.

31 You may view a Movie Title for a period determined by us after your transaction for that Movie Title has been completed and an entitlement instruction has been sent by us to your PVR Decoder authorising the viewing of the rented Movie Title ("the Viewing Period").

32 During the Viewing Period, you may view that Movie Title as often as you wish.

33 At the end of the Viewing Period, the Movie Title will be deleted from your PVR Decoder, regardless of whether you have viewed the Movie Title in whole or in part, although you may thereafter enter into another rental transaction for that Movie Title.

34 At the end of the Availability Period the Movie Titles for that Availability Period will no longer be available for your selection.

Mobile Decoders

35 A Mobile Decoder will only operate within the DVB-H Coverage Areas set out on the Website.

36 A Mobile Decoder will only be compatible with certain devices. A list of devices compatible with the Mobile Decoder will be available on the Website.

37 The Bouquets available on a Mobile Decoder will be set out on the Website.

Restrictions on access to and use of MultiChoice Service

38 You may access and use the MultiChoice Service and the Equipment only –

38.1 in a single residential unit;

38.2 for private domestic use; and

38.3 save for a Mobile Decoder and its accessories, at the address in South Africa or Lesotho provided by you and as recorded in our billing system.

39 You may not use the MultiChoice Service in any manner or for any purpose other than as set out in this Agreement. Nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 38, you may not attempt to or –

39.1 access any aspect of the MultiChoice Service other than those aspects to which we have authorised you to have access;

39.2 use the MultiChoice Service, or any aspect thereof, for any commercial purpose;

39.3 exhibit or provide the MultiChoice Service to the public, whether or not admission fees are charged;

39.4 charge any person a fee to access any aspect of the MultiChoice Service;

39.5 copy any of the content of the MultiChoice Service, except by using the PVR Functionality for time shifting or later private use during the period of this Agreement;

39.6 hire-out, sell, redistribute, relay, retransmit or rebroadcast any of the content of the MultiChoice Service, including any copy thereof that you may have made, whether using the Advanced Decoder Functionality or otherwise;

39.7 hack, reverse engineer or otherwise compromise the security of the conditional access system, operating software or encryption software used in the Smartcard and any decoder used to receive the MultiChoice Service, or in the HDD of a decoder;

39.8 permit, facilitate or condone any other person doing any of the prohibited activities in this clause 39, whether using your Equipment or otherwise; or

39.9 sell or otherwise transfer the Equipment without advising us in writing, within seven days thereafter, of the identity and contact details of the transferee.

40 If you wish to receive and/or use the MultiChoice Service at an address other than the address referred to in clause 38.3, you must request our prior consent to do so.

41 You indemnify us against any claim by the transferee in relation to such sale or transfer, including any claim by reason of the non-functionality of the Equipment.

42 You indemnify us and our affiliated companies, and their directors, officers, employees, agents and representatives ("Indemnified Parties") against any claim by a third party in respect of a breach by you of clause 38 and/or 39.

43 You acknowledge that a breach by you of clauses 38 and/or 39 may constitute criminal activity and could result in considerable prejudice and damage to us and/or our licensors and/or channel suppliers.

44 We may determine that certain aspects of the MultiChoice Service may only be available in conjunction within certain other aspects of the MultiChoice Service and/or Equipment.
Fees

45 We provide the MultiChoice Service on a pre-paid basis.

46 In order for you to receive the MultiChoice Service, you must pay us directly or via one of our duly authorised representatives the requisite fees for those aspects of the MultiChoice Service to which you have Requested access (including, in respect of any Advanced Decoder Functionality) and any VAT and all other taxes, duties, levies or charges that may be levied by any government authority directly or indirectly in relation to the MultiChoice Service.

47 You must make, and we must receive, these payments in advance and in full for the forthcoming subscription period on or before the Due Date.

48 We will activate your subscription to the MultiChoice Service only once, and as soon as practicable after, you have made, and we have received, payment in full in terms of clause 46.

49 If, despite clause 48, we activate your subscription to the MultiChoice Service on a date before the next Due Date, as selected by you or specified by us, then you must pay, on a pro rata basis, the requisite fees for the period for which your subscription was activated prior to the Due Date plus the requisite fees for the forthcoming subscription period.

50 If you do not pay the requisite fees in full on or before the Due Date, we reserve the right to suspend your subscription to the MultiChoice Service without further notice to you.

51 If your subscription to the MultiChoice Service is suspended or terminated for whatever reason, and whether by you or by us, and you wish to reactivate your subscription to the MultiChoice Service, your subscription will not be reactivated until we have received your payment of the requisite reactivation fee.

52 You may not deduct from, or set off against, the fees which you are required to pay to us in terms of this Agreement any amount whatsoever which you claim from us or which we owe you.

53 We may from time to time, in our sole discretion, change the fees payable to us for the MultiChoice Service, or any aspect thereof, by way of a General Amendment. Whilst we will endeavour to notify you at least one month in advance of such change, we cannot guarantee that we will do so.

54 We may alter the Payment Instruction under which you pay your fees to us if the amounts payable by you to us should change for any reason. We may also charge and recover from you under that same instruction any other amounts owing by you to us under this Agreement.

55 This agreement, read with your Schedule, is deemed to be a tax invoice as it meets all of the requirements as detailed in section 20(7) of the Value Added Tax Act, 1991.

56 An invoice and/or statement of account in respect of your subscription to the MultiChoice Service will be made available to you on the Website for access at any time. You may at any time request that we send you your invoice and/or statement of account and we will then provide one to you.

57 As regards the BoxOffice service, once you have selected the Movie Title you wish to view, you must pay us the requisite fees for that Movie Title using the payment method and system set out on the Website.

58 A transaction for a Movie Title will only be complete once we have received from you payment of the requisite fees for that Movie Title.

59 MultiChoice may use payment systems owned and operated by third parties to facilitate the collection of fees and other amounts payable by you for the MultiChoice Service, BoxOffice Service or such other service that we may provide from time to time ("Payment System Providers"). We will not be liable to you or any third party for any loss or damage which you may sustain or incur as a result of any error, system downtime or delay experienced by such Payment System Provider.

Communications with us

60 You may authorise any other person to communicate with us on your behalf.

61 Any person who communicates with us in relation to your subscription will be deemed to be authorised by you to represent you if that person meets our standard security check.

62 You agree to be bound by all requests and undertakings made by third parties on your behalf in terms of this clause.

63 It is your responsibility to ensure that your personal information relevant to our standard security checks is not disclosed to third parties whom you have not authorised to represent you.

Communications with you

64 We may communicate with you, amongst other methods, by means of e-mail, on-air communications, or by way of text or other messages to your cellular phone, PC, laptop or to your decoder for display on your television screen.

65 Such messages may be used, amongst other things, to –

65.1 market or promote our services and/or those of our channel suppliers, affiliates and/or clients;

65.2 inform you about the MultiChoice Service and operational systems, and changes to these;

65.3 provide you with information which we believe may be of particular interest or relevance to you;
65.4 advise you of the status of your account and any amounts owing by you to us;

65.5 inform you that your subscription will be suspended unless we have received payment of the requisite fees;

65.6 notify you of a General Amendment.

66 We will not be liable for any loss or damage suffered by you or any third party as a result of or in connection with communications with you in accordance with clause 65, and you indemnify and hold us harmless against any loss or damage that you or a third party may suffer as a result of any such communications.

Access to and disclosure of information relating to you

67 You authorise us to –

67.1 access from credit bureaus who are members of the Credit Bureau Association and subscribe to its Code of Conduct ("credit bureaus") your personal information concerning financial risk and payment habits ("payment profile") for purposes of credit information sharing, fraud prevention and debtor tracing, and to disclose information regarding your payment profile to such credit bureaus;

67.2 obtain, capture, store, analyse and use for our marketing purposes the viewing habits and profile of you and the members of your household, including to retrieve such information from your decoder;

67.3 use data that we may hold in relation to you ("your personal information") for the purposes of –

67.3.1 processing your Requests;

67.3.2 administering this Agreement;

67.3.3 informing you of any new aspects of the MultiChoice Service or services provided by our affiliates;

67.3.4 informing you of promotional competitions;

67.3.5 informing you of any amendments to this Agreement;

67.4 disclose your personal information –

67.4.1 to companies affiliated to us for purposes of marketing the services of those affiliated companies;

67.4.2 to any company which acquires our business or any part thereof; or

67.4.3 to any company we are associated with from time to time;

67.4.4 if and to the extent that we are required to do so to comply with any applicable law, including the requirements of statutory authorities; and

67.5 retain your personal information referred to in this clause 67 indefinitely.

68 It is your responsibility to proactively ensure that the data which you provide to us is complete, accurate and up to date.

Intellectual property

69 You acknowledge that –

69.1 the Content Rights and the System Rights are either owned by, or licensed to, us or our affiliates and you acquire no right or interest in such rights; and

69.2 you will use your best endeavours to maintain and protect our rights and interests, and that of our suppliers and licensors, in the Content Rights and the System Rights.

70 You indemnify us and the other Indemnified Parties against any claim by a third party in respect of a breach by you of clause 69.2.

71

71.1 You acknowledge that you understand that the use of the MultiChoice Service may include and/or rely on a technological security framework designed to protect the MultiChoice Service against unauthorised use, which framework will be automatically implemented, maintained and amended from time to time.

71.2 You hereby agree to such implementation, maintenance and amendment of the technological security framework, which may include the disconnection or discontinuation of any features of the Equipment which facilitate unauthorised use of the MultiChoice Service.

71.3 A failure by MultiChoice to implement the whole or part of the security framework will not constitute a grant or waiver of any of its rights resulting from unauthorised use of the MultiChoice Service in terms of these terms and conditions.

MultiChoice's obligations

72 In consideration for the fees paid by you, and subject to you complying with this Agreement, we, in accordance with this Agreement, will provide you with access to those aspects of the MultiChoice Service which you have subscribed to.

73 Subject to you complying with this Agreement, our authorising you to have access to the MultiChoice Service will continue until suspended by us or terminated by either you or us in terms of the provisions of this Agreement.

74 We have no obligation –

74.1 to ensure that the Equipment is installed correctly;

74.2 subject to the terms of the Manufacturers' warranties and/or the decoder care plan (if that plan is available and you have chosen to be covered by that plan) –

74.2.1 to ensure that the Equipment is or remains functional or error-free and enables you to receive the MultiChoice Service;

74.2.2 to ensure that any aspect of the Advanced Decoder Functionality is or remains functional or error-free;

74.2.3 to maintain any component or aspect of the Equipment or the Advanced Decoder Functionality; or

74.3 to ensure the integrity or error-free playback of the content copied to the HDD.

75
75.1 We will attempt to inform you of any content made available by us which may be subject to age restrictions, or contain strong language or other material which may offend sensitive users or which may be inappropriate for younger users.

75.2 However, we are not responsible for preventing the viewing of such content by children below any age restriction, or sensitive or younger users.

Subscriber's obligations

76 Subject to this Agreement, and in addition to any other obligations imposed on you in terms of this Agreement, you must –

76.1 provide us with your personal information required by us in order to activate and administer your subscription;

76.2 inform us in writing within seven days of any change to any of the information provided by you in relation to this Agreement;

76.3 inform us immediately if you become aware of –

76.3.1 any act or attempt by any party in relation to the Equipment or any aspect of the MultiChoice Service which, if committed by you, would be a breach of this Agreement;

76.3.2 any damage to, loss, theft or unauthorised use of the Equipment;

76.4 inform us in writing within seven days if you transfer your Equipment to any other person, and provide us with the identity and contact details of the transferee.

77 If you want to block your and the members of your household's access to content on the MultiChoice Service which you consider inappropriate or undesirable, you are responsible for using the parental control mechanism on the MultiChoice Service.

No warranties, limitation of liability, and indemnities

78 Subject to the relevant provisions of the Consumer Protection Act we make no warranty or representation, whether expressly or implicitly –

78.1 subject to the terms of the warranty and a decoder care plan described in clause 74.2, about any component of the Equipment, or that you will be able to access or continue to access the MultiChoice Service using the Equipment, or that such access will be continuous and/or uninterrupted;

78.2 as to the Coverage Area or that the MultiChoice Service, or any aspect thereof, will be available in all parts of the Coverage Area;

78.3 as to the quality of reception by you of the MultiChoice Service, or any aspect thereof, in the Coverage Area to the extent that this results from causes beyond our control;

78.4 as to the content of the MultiChoice Service, including as regards the subject, nature, quality, reliability, truthfulness or accuracy of the content, or that the content will meet your particular tastes or expectations;

78.5 as to the technical quality of the MultiChoice Service and Equipment, that the software used to provide the MultiChoice Service, including our system software and software applications, is error-free, flawless or without fault.

79 Subject to the terms of the warranty and a decoder care plan described in clause 74.2, and the relevant provisions of the Consumer Protection Act (if and to the extent applicable) we are not liable –

79.1 for any loss or damage suffered by you or any other third party, which arises out of –

79.1.1 any act or omission of ours or our employees or agents, subject to the provisions of clause 79.4;

79.1.2 any act or omission of our consultants, subcontractors or affiliated companies;

79.1.3 the exercise by us of any of our rights in terms of this Agreement; or

79.1.4 any breach by you of your obligations under this Agreement, and you specifically indemnify us and the Indemnified Parties against any claim by you or any third party arising out of such breach;

79.2 to any person for the content on and/or the use of materials constituting the MultiChoice Service, whether provided by us or a third party, and you agree that –

79.2.1 the MultiChoice Service may contain images and/or content that may be regarded as unsuitable or offensive by some viewers;

79.2.2 we mainly acquire complete channels from channel suppliers and package them into Bouquets and as such we have no influence over, and are unable to alter, the content of the channels;

79.2.3 the content of the MultiChoice Service, including the number, nature, composition and content of channels and Bouquets;

79.2.4 the programming on the MultiChoice Service may differ from that set out in our hard copy and/or electronic programme guides; and

79.2.5 the channels on each Bouquet may vary from time to time, and that the content of each individual channel may, from time to time, vary;

79.3 for any delay or failure by us to provide the MultiChoice Service, or any aspect thereof, to you to the extent that such delay or failure results from causes beyond our direct or indirect control;

79.4 for any delay, interruption, defect or failure in the distribution or reception of the MultiChoice Service, or any aspect thereof, regardless of the nature, duration or cause thereof, in the absence of gross negligence or willful default on our part. If such delay, interruption, defect or failure is due to our gross negligence or willful default, then you will be entitled, as your sole and exclusive remedy, to a credit against future payments of subscription fees equal to the pro-rata portion of the fees representing the period of the delay, interruption, defect or failure to the extent caused by our gross negligence or willful default;

79.5 for any delay, interruption, defect or failure in the distribution or reception of the MultiChoice Service, or any aspect thereof, regardless of the nature, duration or cause thereof, which we deem necessary for any purpose related to our business, including in order to support the provision, operation, maintenance and security of the MultiChoice Service, or any aspect thereof;

79.6 subject to the provisions of the Consumer Protection Act, the terms of the Manufacturers' warranties and/or the decoder care plan (if that plan is available and you have chosen to be covered by that plan), for any defect in or failure or malfunction of the Equipment, regardless of the nature or cause thereof.

80 Although we strongly recommend the use of MultiChoice accredited installers to install any Equipment requiring installation, each installer acts as an independent contractor and is not an employee, subcontractor, agent or representative of MultiChoice. Neither the Manufacturer(s) of the Equipment nor we are liable for any loss or damage of any nature whatsoever caused by the conduct of an installer, including as a result of –

80.1 any breach by an installer of any of its obligations to you;

80.2 an act or omission on the part of an installer.
Amendments to and variations in the MultiChoice Service

81 The nature, composition and content of the MultiChoice Service are determined by us in our sole discretion, and may be changed by us from time to time.

82 Without limiting clause 81, we may –

82.1 replace, remove or otherwise amend, or restrict the availability of, any aspect of the MultiChoice Service, including, but not limited to –

82.1.1 any facets, applications, facilities, features and/or functionality of the MultiChoice Service;

82.1.2 the range, nature and format of the MultiChoice Service;

82.1.3 the content of the MultiChoice Service, including but not limited to the number, nature, composition and content of channels and Bouquets; and

82.1.4 the range, nature and number of any ancillary applications, facilities or services;

82.2 advise you of any additional aspects of the MultiChoice Service which become available, the conditions applicable thereto and the charges therefore, if any, and which, if you request to receive this additional aspect, you will be obliged to pay the additional charge, if any;

82.3 advise you of any aspect of the MultiChoice Service for which you must pay an additional charge if you wish to continue receiving it, and which, if you request to continue to receive this aspect, you will be obliged to pay the additional charge.

83 The various systems necessary for or associated with the provision of the MultiChoice Service (including technical services, signal distribution and satellite capacity, the conditional access system, the software operating system, software applications, subscriber management services and business systems) are determined by us and are subject to ongoing innovation and change and may be amended by us from time to time. Without limiting the above you agree that we may –

83.1 update, vary or replace these systems or any aspect thereof, including, by means of "over the air" software downloads, to address any system errors or other problems relating to the software, to improve security, to provide additional features or functionality, to limit any use of the Equipment outside the scope of this Agreement, and to ensure that the decoders used by Subscribers are not authorised to decrypt signals other than those authorised by us;

83.2 recommend that you upgrade, reconfigure, change or replace ("upgrade") at your cost if applicable any of the Equipment used by you to access the MultiChoice Service, or any aspect thereof. Your continued access to the MultiChoice Service could be negatively affected if you do not act on this recommendation; or

83.3 disable or remotely alter the functionality of the PVR Decoder to prevent you from copying certain programmes or channels if we become obliged to do so.

84 You will have no rights, interests or expectations to any increases or decreases in the fees payable by you if we make any amendment to the MultiChoice Service in terms of clauses 81 to 83, or any other provision of this Agreement.

Amendment of Agreement

85 You agree to be bound by this Agreement and the User Manual as amended from time to time.

86 We may, in our sole discretion, amend this Agreement and/or the User Manual in any respect from time to time by way of a General Amendment.

87 You agree to be bound by such General Amendment from the date specified in the General Amendment notice, which will be a reasonable time after the date of the General Amendment notice.

88 No amendment requested by you will be valid or effective unless either captured in a General Amendment or recorded in writing and signed by you and by us.

Breach of Agreement

89 Your failure to comply with this Agreement or the User Manual constitutes a material breach of the Agreement.

90 If you breach this Agreement –

90.1 we may, without prejudice to any other remedy that we may have, immediately and without notice to you, suspend your authority to have access to the MultiChoice Services, disable the Smartcard and/or terminate this Agreement depending on the severity of such breach;

90.2 you must pay us all legal costs, including attorney and own client costs, tracing agent's fees and collection charges which we may incur in taking any steps pursuant to your breach; and

90.3 you must pay us any loss or damages incurred by us directly or indirectly as a result of your breach.

91 If we have suspended your subscription to the MultiChoice Service and you –

91.1 remedy your breach;

91.2 comply with this Agreement; and

91.3 pay us all amounts due to us in terms of this Agreement and the requisite reconnection fee,
then we may reactivate your subscription to the MultiChoice Service.

92 If we terminate this Agreement, you may submit a Request with a view to us concluding a new Agreement with you.

General

93 This Agreement –

93.1 constitutes the sole and complete record of the agreement between you and us in regard to its subject matter; and

93.2 supersedes any previous agreement between you and us, or between you and any other company in the MultiChoice Group, in terms of which you were authorised to have access to the MultiChoice Service.

94 Neither you nor we are bound by any express or implied representation, warranty, undertaking, promise or the like not recorded in this Agreement.

95 Any relaxation or indulgence which we may show you at any time in regard to this Agreement is without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of this Agreement or any law.

96 If any provision of this Agreement is found to be wholly or partly invalid, unenforceable or unlawful, then –

96.1 this Agreement will be severable in respect of the provision in question to the extent of its invalidity, unenforceability or unlawfulness; and

96.2 the remaining provisions of this Agreement will remain in full force and effect.

97 The rule of construction that this Agreement will be interpreted against the party responsible for the drafting or preparation of this Agreement will not apply.

98 We may cede any of our rights and/or assign any of our obligations under this Agreement to any person.

99 You may not cede any of your rights and/or assign any of your obligations under this Agreement to any person.

100 This Agreement is subject to, and will be interpreted, implemented and enforced, in terms of the laws of South Africa.

101 You consent to the jurisdiction of the Magistrates Court in respect of all proceedings arising out of or pursuant to this Agreement. We may, in our discretion, institute any proceedings arising out of or pursuant to this Agreement in any Division of the High Court of South Africa having jurisdiction.

102 The parties choose the following addresses for the service of all notices and processes arising out of this Agreement –

102.1 MultiChoice: 251 Oak Avenue, Randburg, 2125, Gauteng, South Africa.

102.2 You: The physical address supplied by you when making your Request and as recorded in our billing system, as amended by you from time to time.