MULTICHOICE

MOBILE TELEVISION AND VIDEO 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 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 you are granted 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 "Recurring Subscription" means the purchase by you of Selected Service(s) for a Term of either a week or a month in duration and which Term is also subject to automatic Renewal Periods;

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

1.1.6 "Device" means a GSM handset and any other mobile or IP enabled device which has the required technical functionality for the reception and display of the Selected Service(s) and is compatible with the technical functionality of Vodacom’s mobile portal;

1.1.7 "Due Date" means in respect of a Recurring Subscription, the day or days in each and every month on which you must pay Vodacom SP, the Fees detailed in the Price List;

1.1.8 "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;

1.1.9 "End User Equipment" means the end user equipment required for the receipt and display of the Selected Service(s), including the Devices, the SIM cards and required accessories;

1.1.10 “Fair Usage Limit(s)” means the minute volume associated with the Recurring Subscription Term purchased by you in respect of your access to and use of the Selected Service(s). The Fair Usage Limits available for purchase by you in respect of a Recurring Subscription are as follows - (i) 45 (forty five) minutes of use for a weekly Recurring Subscription; and (ii) 180 (one hundred and eighty) minutes of use for a monthly Recurring Subscription;

1.1.11 "Fees" means –

1.1.11.1 if you have purchased a Per Minute Contract, the per minute fee payable in advance by you to Vodacom SP in consideration for your access to and use of the Selected Products(s); and

1.1.11.2 if you have purchased a Recurring Subscription, the pre-paid or post paid fee in respect of the Term selected by you and which is payable by you to Vodacom SP in consideration for your access to the Selected Service(s) and for your Fair Usage Limit, as detailed in the Price List from time to time; and

1.1.11.3 if you have purchased a Special Events Contract, the fee payable in advance by you to Vodacom SP in consideration for your right to view the special event or once off Selected Service purchased by you;

1.1.12 "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;

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

1.1.14 "Per Minute Contract" means the pre-paid purchase on a per minute basis (as opposed to a weekly or monthly purchase of the Selected Service(s) in terms of a Recurring Subscription) by you of the Selected Service(s) and in terms of which your access to and use of the Selected Service(s) will automatically terminate –

1.1.14.1 in the event that your access to the Selected Service(s) is disconnected at any time by you, MultiChoice, Vodacom, Vodacom SP or any third party; or

1.1.14.2 if the monies in respect of the pre-paid minutes purchased by you have been fully expended or utilised;

1.1.15 "Personal Information" means your personal information, including but not limited to your date of birth, gender, race, province in which you are resident, viewing habits and related information;

1.1.16 "Price List" means the schedule detailing the 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 available on request from MultiChoice and/or Vodacom SP;

1.1.17 "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;

1.1.18 "Selected Services(s)" means the MultiChoice mobile television and video channel packages, content packages and/or once off or special event content offerings purchased by you as required in terms of the procedures applicable to your acceptance of this Agreement and which channel packages, content packages and/or once off or special event content offerings are provided and distributed by MultiChoice to Devices on a Streaming or downloadable basis via Vodacom’s network Where the Selected Service(s) are purchased by you as a Recurring Subscription, your purchase of the Selected Service(s) shall include the purchase by you of the Fair Usage Limit associated with the Term of the Selected Service(s) purchased by you. The Selected Service(s) shall be detailed in the Price List from time to time;

1.1.19 "Special Events Contract" means the pre-paid purchase on a fixed time basis (as opposed to a weekly or monthly purchase of Selected Service(s) in terms of a Recurring Subscription) by you of a Special Events Selected Service and in terms of which your access to and use of the Special Events Selected Service will automatically terminate at the end of the purchased viewing period of the Special Events Selected Service;

1.1.20 "Special Events Selected Service" means the purchase by you of a Selected Service which is a once off or special event and which has a Term limited in duration to the viewing period of the purchased once off or special event;

1.1.21 "Stream", "Streamed” or "Streaming" means the delivery of audio, video and multimedia content over an IP data network in a unicast mode by means of a one one-to-one connection between the server and your Device;

1.1.22 "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 platform for the hosting of the Selected Service(s), the digital rights management system, bandwith capacity, technical services, the software operating system, software applications, the subscriber management services and the business systems;

1.1.23 "Term" means the period purchased by you in respect of your access to and use of the Selected Service(s). The Term purchased by you in respect of your access to and use of the Selected Service(s) may be for a once off and/or special event, a month, a week or on a per minute basis or as otherwise determined by MultiChoice from time to time;

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

1.1.25 "Vodacom" means Vodacom (Proprietary) Limited who is the entity with whom you have contracted for the provision to you of a mobile cellular telecommunications service and whose network is used by MultiChoice to make the Selected Service(s) available to you on a Streamed or downloadable basis ; and

1.1.26 "Vodacom SP" means Vodacom Service Provider (Proprietary) Limited who is the entity appointed by MultiChoice to act as its billing and collection agent in respect of MultiChoice’s provision of the Selected Service(s) to you.

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 which can be found at www.dstvmobile.com or on accessed via Vodacom’s mobile portal from your mobile phone at http://live.vodafone.com sets out the terms and conditions which are applicable to MultiChoice’s mobile television and video Streaming and downloadable 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. The Selected Service(s) are provided to you by MultiChoice. In its provision of the Selected Service(s), MultiChoice has been granted the right by Vodacom to access and use Vodacom’s network for the Streaming and/or downloading of the Selected Service(s) to your Device. MultiChoice has appointed Vodacom as its billing and collection agent in respect of the Selected Service(s).

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 situated at 251 Oak Avenue, Randburg, South Africa and commences on the date when your access to the Selected Service(s) is Activated for the first time. 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 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 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 or to procure the Activation of the Selected Service(s) upon receipt of your formal acceptance of this Agreement.

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

2.6 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.com and on Vodacom’s mobile portal which is accessible from your mobile phone at http://live.vodafone.com. 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 Subject to the provisions of clause 14, this Agreement shall commence on the Activation Date and if you have purchased –

3.1.1 a Per Minute Contract, this Agreement shall continue until the monies paid by you in respect of your purchased minutes are fully expended or utilised by you (i.e. you have used up all the minutes purchased by you and have not purchased additional or top up minutes), whereafter this Agreement shall immediately terminate;

3.1.2 a Special Events Contract, this Agreement shall continue until the end of the viewing period purchased by you in respect of the Special Events Selected Services, whereafter this Agreement shall immediately terminate;

3.1.3 a Recurring Subscription, this Agreement shall continue automatically for an unlimited number of Renewal Periods, unless terminated -

3.1.3.1 by you by requesting cancellation of the Selected Service(s) via Vodacom’s mobile portal at http://live.vodafone.com by means of your Device or by calling Vodacom's contact centre and requesting the cancellation of your subscription to the Selected Service(s); or

3.1.3.2 by MultiChoice on prior notice to you to be given at any time prior to the expiry of your then applicable contract Term; or

3.1.3.3 by MultiChoice in terms of clause 14.

3.2 If this Agreement is cancelled by you in terms of clause 3.1.3.1 or by MultiChoice in terms of clause 3.1.3.2, this Agreement will terminate -

3.2.1 if you have purchased the Selected Service(s) as a Recurring Subscription with a Term of 1 (one) week, once you have reached your purchased Fair Usage Limit, alternatively at the end of the week in which you terminated your subscription, whichever is the earlier; or

3.2.2 if you have purchased the Selected Service(s) as a Recurring Subscription with a Term of 30 (thirty) days, once you have reached your purchased Fair Usage Limit, alternatively at the end of the 30 (thirty) days in which you terminated your subscription, whichever is the earlier.

3.3 MultiChoice will provide you with an opportunity as part of the purchase process and prior to the finalisation 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 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;

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, content, 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 streamed content;

4.1.2.3 the range, nature and number of any ancillary applications, facilities or services (including but not limited to MultiChoice's digital rights systems 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 the Selected Service(s).

4.2 The various Systems necessary for or associated with the provision of the Selected Service(s) (including without limitation technical services, bandwidth capacity, the digital rights 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/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 upgrade, re-configuration or swap-out does not happen; and/or

4.2.3 disable your access to the Selected Service(s), if we have reason to believe or if we suspect that your age is below the age restriction laid down by MultiChoice, its channel or content suppliers from time to time or that the Selected Service(s) are being made accessible to persons who are below the age restriction laid down by MultiChoice and/or its channel or content suppliers from time to time; and/or

4.2.4 disable or remotely alter your access to the Selected Service(s) to prevent you from copying certain content, 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 Your request to purchase the Selected Service(s) will be subject to the normal credit vetting practices of Vodacom and may be approved or rejected by Vodacom, depending on the outcome of the credit vetting. If your request to purchase the Selected Service(s) is not accepted, you will be notified of such decision at the point of purchase.

5.2 You shall comply with all relevant legislation and regulations as well as with all lawful directives given by MultiChoice, Vodacom SP and/or Vodacom relating to your access to the Selected Service(s) and your use of the Systems and/or the End User Equipment.

5.3 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 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.

5.4 The Systems are and will be determined and provided by MultiChoice, Vodacom and/or Vodacom SP in their sole discretion, or by one of their affiliated companies or appointed agents.

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

5.6 You may not -

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

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

5.6.3 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);

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

5.6.5 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);

5.6.6 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;

5.6.7 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);

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

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

5.6.10 have access, or attempt to have access, to any MultiChoice service on an unauthorised basis other than the Selected Service(s);

5.6.11 redistribute, relay, retransmit, Stream or broadcast any of the content of the Selected Services(s), including any copy thereof that you may have made;

5.6.12 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;

5.6.13 hack, reverse engineer, decompile, modify, tamper with or otherwise compromise the security of any digital rights management system or any other security or content protection systems of application to the provision of the Selected Service(s) or attempt to do so or permit, facilitate or condone any other person doing so;

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

5.7 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.

5.8 YOU ARE MADE AWARE THAT A BREACH BY YOU OF THE PROVISIONS OF CLAUSES 5.6 AND 5.7 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. YOU AGREE TO PAY TO MULTICHOICE, IF YOU ARE PROVEN TO BE IN BREACH OF ANY OF THE PROVISIONS OF CLAUSES 5.6 AND 5.7, AN AGREED PRE-ESTIMATE OF LIQUIDATED DAMAGES OF R100 000.00 PER INCIDENT OF BREACH AND, IF THE BREACH IS OR WAS ONGOING, A FURTHER R20 000.00 PER DAY FOR THE DURATION THE BREACH CONTINUES, WITHOUT PREJUDICE TO MULTICHOICE’S RIGHTS ARISING PURSUANT TO YOUR BREACH OF THE AGREEMENT, INCLUDING THE RIGHT TO PROVE AND RECOVER ITS ACTUAL DAMAGES. THE AMOUNTS REFERRED TO IN THIS CLAUSE 5.8 SHALL BE INCREASED ON 1 OCTOBER OF EACH YEAR AFTER 1 OCTOBER 2010 BY THE PERCENTAGE INCREASE, IF ANY, IN THE CPI OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING 30 JUNE OF EACH YEAR.

5.9 YOU ACKNOWLEDGE AND AGREE THAT YOUR MINUTE VOLUME IN RESPECT OF YOUR ACCESS TO AND USE OF THE SELECTED SERVICE(S) SHALL BE LIMITED TO YOUR PURCHASED FAIR USAGE LIMIT AND THAT YOUR ACCESS TO AND USE OF THE SELECTED SERVICE(S) MAY BE SUSPENDED AT OUR DISCRETION, IF YOU EXCEED YOUR FAIR USAGE LIMIT. YOU FURTHERMORE ACKNOWLEDGE AND AGREE THAT THERE WILL BE NO CARRY OVERS IN RESPECT OF YOUR FAIR USAGE LIMIT (I.E. IF YOUR TERM UNDER YOUR CONTINOUS SUBSCRIPTION IS A WEEK AND YOU DO NOT USE YOUR FAIR USAGE LIMIT IN THAT WEEK, NO UNUSED PORTION OF YOUR FAIR USAGE LIMIT WILL BE CARRIED OVER INTO THE FOLLOWING WEEK).

5.10 YOU MAY ONLY ACCESS AND USE THE SELECTED SERVICE(S) IF YOU ARE PHYSICALLY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA AND YOU ACKNOWLEDGE AND AGREE THAT THE SELECTED SERVICE(S) SHALL NOT BE MADE ACCESSIBLE TO YOU WHILST YOU ARE TRAVELLING OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL MULTICHOICE BE LIABLE FOR ANY DATA CHARGES INCURRED BY YOU WHILST OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA, IT BEING HEREBY AGREED BY YOU THAT ALL SUCH CHARGES SHALL BE SOLELY FOR YOUR ACCOUNT.

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 Streaming and/or downloadable mobile television and video channels and/or content packages and/or once off or special events content offerings 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 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 access to and use of 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, MultiChoice’s channel and content suppliers, Vodacom, Vodacom SP or by any applicable regulatory authority from time to time. MultiChoice, Vodacom and/or Vodacom SP 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.

7 FEES

7.1 MultiChoice has appointed Vodacom as its billing and collection agent in respect of the Fees. Payment for the Selected Service(s) must be made in accordance with the payment processes implemented by Vodacom and as notified to you from time to time by Vodacom.

7.2 If you have a pre-paid or a post paid Recurring Subscription, you must pay Vodacom, the Fee, inclusive of VAT, in accordance with the payment terms and conditions detailed in your agreement with Vodacom for the provision of a mobile cellular telecommunications service to you.

7.3 If you have a Per Minute Contract, you must pay Vodacom, the per minute Fee for the minutes purchased by you, plus VAT, in accordance with the payment terms and conditions detailed in your agreement with Vodacom for the provision of a mobile cellular telecommunications service to you.

7.4 If you have a Special Events Contract, you must pay Vodacom SP, the fixed minute Fee for the minutes purchased by you, plus VAT, in accordance with the payment terms and conditions detailed in your agreement with Vodacom for the provision of a mobile cellular telecommunications service to you.

7.5 All payments to be made by you to MultiChoice shall be made to Vodacom in the currency of the Republic of South Africa.

7.6 All payments by you to Vodacom 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.

7.7 You agree that payment shall only be deemed to have been made to Vodacom once the monies remitted by you have been received and cleared into Vodacom's bank account.

7.8 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 Vodacom on the dates specified in your contract with Vodacom. You will commit a breach of this Agreement, if you change your banking details for the debit order, without giving Vodacom written notice of such change together with your new banking details immediately after such change has been effected.

7.9 The Fees applicable to the Selected Service(s) are available at our website situate at www.dstvmobile.com, on Vodacom’s mobile portal accessible on your mobile phone at http://live.vodafone.com or at Vodacom's contact centres.

7.10 We will publish any change in the Fees in a notice, directive or amended tariff plan at our website situate at www.dstvmobile.com and on Vodacom’s mobile portal accessible on your mobile phone at http://live.vodafone.com. We will also use reasonable endeavours to notify you by means of an electronic message of our choice prior to such change. On accessing the Selected Service(s) after notification of such change you shall be deemed to have accepted the amended Fees.

7.11 Unless stated otherwise, all prices and 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 Fees.

8 Electronic messaging

8.1 You consent to MultiChoice, Vodacom and/or Vodacom SP sending electronic messages to your Device in order for us to -

8.1.1 inform you of amendments to this Agreement and to the 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 other mobile television and video Streaming and/or downloadable services offered by MultiChoice and/or an affiliate of MultiChoice .

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 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 On the conclusion of your agreement with Vodacom for the provision to you of a mobile cellular telecommunications service, you have also provided your express permission to Vodacom for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of the personal information provided by you to Vodacom for the purposes of administering your contract with Vodacom and for the purposes set out in clause 9.7.

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

9.3.1 used to inform you of changes to this Agreement, the Selected Service(s), the Systems, the End User Equipment and any related applications, functions and facilities;

9.3.2 used to monitor, capture, record, receive, store, process, analyse and use 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 GSM device used for streaming the Selected Service(s) and to disseminate the same to those of our employees and affiliated companies who are involved in the provision of the Selected Service(s) and/or the administration of this Agreement;

9.3.3 used to process and administer your requests for access to the Selected Service(s) and your access to the Selected Service(s);

9.3.4 used to advise you of any new services or related facilities and to perform targeted advertising;

9.3.5 used to inform you of any promotional competitions;

9.3.6 used to administer this Agreement;

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

9.3.8 used by MultiChoice for the purposes of marketing the Selected Services;

9.3.9 used by Vodacom, Vodacom SP and their affiliated companies, their successors-in-title for the performance of their obligations as MultiChoice's agent;

9.3.10 disclosed by Vodacom and/or Vodacom SP to MultiChoice and/or its affiliates as part of their obligations as MultiChoice’s agent; or

9.3.11 disclosed by MultiChoice, Vodacom or Vodacom SP to the extent required to comply with any applicable law.

9.4 MultiChoice will not collect, collate, process, receive, store, record, update, modify, retrieve, disseminate and/or distribute your Personal Information for any purpose other than those set out in the sub-clauses to clause 9.3.

9.5 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.

9.6 MultiChoice will take reasonable steps to procure that Vodacom secures your payment information and that Vodacom uses 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.

9.7 You consent to -

9.7.1 Vodacom and Vodacom SP 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;

9.7.2 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;

9.7.3 Vodacom and Vodacom SP disclosing your Personal Information and the content of this Agreement to Credit Bureaux; and

9.7.4 the Credit Bureaux providing Vodacom and/or Vodacom SP with your credit profile and credit scores on your creditworthiness.

9.8 We will also disclose your Personal Information if and to the extent we or our affiliates are 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.

9.9 You may choose to opt out of receiving direct marketing and promotional materials from MultiChoice, Vodacom and/or Vodacom SP. Your election to choose this opt out must be exercised by sending a SMS with the word 'OPTOUT' to 30600. Opt out SMS's are free of charge. Should you at any stage after having opted out in terms of this clause 9.9, wish to receive direct marketing and promotional materials from MultiChoice, Vodacom and Vodacom SP, you may exercise your election to receive such materials by sending an SMS with the word 'OPTIN' to 30600.

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 SIM CARDS, THE SYSTEMS, AND IN THE SELECTED SERVICE(S) ARE EITHER OWNED BY OR LICENCED TO MULTICHOICE OR TO VODACOM ("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;

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

10.2 YOU HEREBY INDEMNIFY MULTICHOICE AGAINST ANY INFRINGMENT OF THE CONTENT RIGHTS AND/OR THE SYSTEM RIGHTS BY YOU AND/OR ANY MEMEBER 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,STREAM, DOWNLOAD, 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.

10.3 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 YOU CONFIRM THAT YOU ARE OVER 18 (EIGHTEEN) YEARS OF AGE AND THAT THERE ARE NO LIMITATIONS UPON YOUR RIGHT TO CONTRACT WITH US. IF YOU ARE UNDER 18 (EIGHTEEN) YEARS OF AGE OR YOUR CONTRACTUAL CAPACITY IS SUBJECT TO ANY LEGAL FORM OF LIMITATION, THIS AGREEMENT WILL NOT BE BINDING ON EITHER OF US UNLESS YOU ARE ABLE TO PROVE THAT IN ACCEPTING THIS AGREEMENT, YOU WERE ASSISTED BY YOUR LEGAL GUARDIAN, CUSTODIAN, LIQUIDATOR (AS THE CASE MAY BE) OR BY SUCH OTHER PERSON LEGALLY AUTHORISED TO ASSIST YOU IN CONTRACTING OR TO CONTRACT ON YOUR BEHALF;

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

11.1.4 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

11.1.5 YOU WILL IMMEDIATELY NOTIFY VODACOM SP OF ANY CHANGE IN YOUR ADDRESS, CONTACT DETAILS OR BANKING DETAILS.

12 LIMITATION OF LIABILITY

12.1 All references to MultiChoice, Vodacom, Vodacom SP 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 provision of the Selected Service(s).

12.2 NEITHER MULTICHOICE, VODACOM, VODACOM SP 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 END USER EQUIPMENT, NOR THAT YOU WILL BE ABLE TO ACCESS THE SELECTED SERVICE(S) USING THE END USER 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 FOR ANY DAMAGES SUFFERED BY YOU, ANY PERSON WHOM WE ENABLED TO HAVE ACCESS TO THE SERVICES, OR BY ANY OTHER THIRD PARTY, WHICH ARISES OUT OF –

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

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

12.3.3 ANY CLAIM PERTAINING TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTHFULNESS OR ACCURACY OF THE CONTENT OF THE SELECTED SERVICE(S); OR

12.3.4 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) 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, VODACOM, VODACOM SP NOR ANY OF THEIR AFFILIATED COMPANIES SHALL BE LIABLE 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 ANY ACT OR OMISSION OF MULTICHOICE, VODACOM, VODACOM SP OR THEIR AFFILIATED COMPANIES, SAVE FOR ANY ACT OR OMISSION WHICH IS WILFULLY INTENDED TO CAUSE LOSS OR IS GROSSLY NEGLIGENT;

12.5.2 A BREACH OF THIS AGREEMENT BY YOU;

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

12.5.4 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.

12.6 NOTWITHSTANDING ANY EXPRESS EXCLUSION OF LIABILITY RECORDED IN THIS CLAUSE 12, NEITHER MULTICHOICE, VODACOM, VODACOM SP 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, VODACOM, VODACOM SP OR ANY OF THEIR AFFILIATED COMPANIES.

12.7 YOU INDEMNIFY AND HOLD MULTICHOICE, VODACOM, VODACOM SP AND ANY OF THEIR AFFILIATED COMPANIES HARMLESS AGAINST ANY CLAIM BROUGHT BY ANY THIRD PARTY AGAINST MULTICHOICE, VODACOM, VODACOM SP AND ANY OF THEIR AFFILIATED COMPANIES -

12.7.1 ARISING OUT OF A BREACH BY YOU OF THE PROVISIONS OF THIS AGREEMENT;

12.7.2 AS A RESULT OF ACCESS BY A THIRD PARTY TO THE SELECTED SERVICE(S) ON THE DEVICE OR BY ANOTHER MEANS; OR

12.7.3 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), in whole or in part, without notice to you and 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) and/or the Systems is suspended, cancelled or terminated;

13.1.3 if you have exceeded your Fair Usage Limit;

13.1.4 it is necessary to protect the integrity of MultiChoice’s digital rights management system or any other security or content protection system or otherwise to combat, prevent or mitigate the effects of piracy;

13.1.5 any modification, maintenance or remedial work must be undertaken in respect of the Selected Service(s) and/or the Systems; or

13.1.6 you breach any term of this Agreement.

13.2 If you have a Recurring Subscription and if your access to the Selected Service(s) is suspended for any reason, you will still be liable for the Fees during the time of suspension, unless MultiChoice agrees in writing not to charge you for such Fees.

14 BREACH

14.1 Should you:

14.1.1 fail to make any payment on the Due Date; or

14.1.2 commit any other material breach of this Agreement; and

14.1.3 fail to remedy such breach within 7 (seven) days of receipt of written notice from MultiChoice calling upon you to remedy such breach, 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 and use of the Selected Service(s);

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) notwithstanding a suspension of such access, subject to the payment of a re-Activation 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 our website situate at www.dstvmobile.com or on Vodacom’s mobile portable accessible from your mobile phone at live.vodafone.com .

16 cession, assignmentand 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.

19.5 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.

MULTICHOICE

Agreement for Access to and Use of MOBILE TELEVISION AND VIDEO SERVICES “Selected Services” -

TERMS AND CONDITIONS OF USE

NOTICE:

PLEASE NOTE/BEWARE THAT CONTINUING TO USE/AND OR REGISTRATION ON THIS SERVICE WILL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THE LATEST TERMS AND CONDITIONS. KINDLY DO NOT MAKE USE OF THIS SERVICE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

1 AGREEMENT - INTERPRETATION AND DEFINITIONS

1.1 When you access and use the Selected Services, you are required to agree to these terms and conditions, which will form a contract between you and MultiChoice Africa (Proprietary) Limited, registration number 1994/009083/07 and its successors and assignees.

1.2 YOU HEREBY REPRESENT AND WARRANT TO AND IN FAVOUR OF MTN, MTN SP AND MULTICHOICE THAT -

1.2.1 YOU HAVE THE REQUIRED LEGAL CAPACITY TO ENTER INTO AND BE BOUND BY THIS AGREEMENT;

1.2.2 YOU ARE OVER 18 (EIGHTEEN) YEARS OF AGE AND THAT THERE ARE NO LIMITATIONS UPON YOUR RIGHT TO CONTRACT IN THIS REGARD. IF YOU ARE UNDER 18 (EIGHTEEN) YEARS OF AGE OR YOUR CONTRACTUAL CAPACITY IS SUBJECT TO ANY LEGAL FORM OF LIMITATION, THIS AGREEMENT WILL NOT BE BINDING ON EITHER PARTY UNLESS YOU ARE ABLE TO PROVE THAT IN ACCEPTING THIS AGREEMENT, YOU WERE ASSISTED BY YOUR LEGAL GUARDIAN, CUSTODIAN, LIQUIDATOR (AS THE CASE MAY BE) OR BY SUCH OTHER PERSON LEGALLY AUTHORISED TO ASSIST YOU IN CONTRACTING OR TO CONTRACT ON YOUR BEHALF.

1.3 If you do not agree to all of the terms and conditions contained in this Agreement or the Terms of Use of the MTNPlay website, you may not access and use the Selected Service(s).

1.4 This Agreement and these Terms and Conditions will apply together with the Terms of Use: http://www.mtn.co.za/Support/Legal/TermsAndConditions/Pages/Content.aspx of the MTNPlay website, available at www.mtnplay.co.za, and to which you have agreed to in order to be granted access to the MTNPlay website and to purchase any of the content or services made available via the MTNPlay website.

1.5 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 –

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

1.5.2 "Activation Date" means the date on which you are granted access to the Selected Service(s);

1.5.3 "Agreement" means these Services Terms and Conditions of Use agreed to by you and as the same may be amended by MultiChoice from time to time, which apply together with the Terms of Use: [http://www.mtn.co.za/Support/Legal/TermsAndConditions/Pages/Content.aspx] of the MTN Play website, to which you have agreed to in order to be granted access to the MTNPlay website and to purchase any of the content or services made available via the MTNPlay website;

1.5.4 "Recurring Subscription" means the purchase by you of Selected Service(s) for a Term of either a week or 30 (thirty) days in duration and which Term is also subject to automatic Renewal Periods;

1.5.5 "CPA" means the Consumer Protection Act, 2008;

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

1.5.7 "Device" means a GSM handset and any other mobile or IP-enabled device which has the required technical functionality for the reception and display of the Selected Service(s) and is compatible with the technical functionality of MTN’s Mobile Portal;

1.5.8 "Due Date" means in respect of a Recurring Subscription, the day or days in each and every month on which you must pay MTN SP, the Fees detailed in the Price List accessible at: http://41.181.68.5/portal/defaultx.aspx?typxm=subcpage;

1.5.9 "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;

1.5.10 "End User Equipment" means the end user equipment required for the receipt and display of the Selected Service(s), including the Devices, the SIM cards and required accessories;

1.5.11 "Fees" means –

1.5.11.1 if you have purchased a Recurring Subscription, the pre-paid or post paid fee in respect of the Term selected by you and which is payable by you to MTN SP in consideration for your access to the Selected Service(s) on a monthly basis or weekly basis and as detailed in the Price List accessible at: http://41.181.68.5/portal/defaultx.aspx?typxm=subcpage from time to time; and

1.5.11.2 if you have purchased a Special Events Contract, the fee payable in advance by you to MTN SP in consideration for your right to view the special event or once off Selected Service purchased by you;

1.5.12 "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, licensed to, used and/or held (whether or not currently) by MultiChoice;

1.5.13 “Mobile Portal” or “MTNPlay website” means the web portal/website operated by MTN, which is known as MTNPlay and accessible at www.mtnplay.co.za, and which provides MTN subscribers with access to content which is downloadable via mobile devices, subject to the terms and conditions set out on the mobile portal;

1.5.14 "MTN" means Mobile Telephone Networks (Proprietary) Limited, registration number: 1993/001436/07, who is the entity with whom you have contracted for the provision to you of access to the MTNPlay website and whose network is used by MultiChoice to make the Selected Service(s) available to you on a Streamed basis;

1.5.15 “MTN Network” means the electronic communications network, operated by MTN in South Africa, which provides mobile cellular telecommunications services;

1.5.16 "MTN SP" means MTN Service Provider (Pty) Limited, registration number: 1993/002648/07; who is the entity with whom you have contracted for the provision to you of a mobile cellular telecommunications service delivered via the MTN Network, and the service provider appointed to act as its billing and collection agent in respect of MultiChoice’s provision of the Selected Service(s) to you;

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

1.5.18 "Personal Information" means your personal information, including but not limited to your date of birth, gender, race, province in which you are resident, viewing habits and related information;

1.5.19 "Price List" means the schedule detailing the 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 available and published by MTN at http://41.181.68.5/portal/defaultx.aspx?typxm=subcpage;

1.5.20 "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;

1.5.21 "Selected Services(s)" means the MultiChoice mobile television and video channel packages, content packages and/or once off or special event content offerings purchased by you as required in terms of the procedures applicable to your acceptance of this Agreement and which channel packages, content packages and/or once off or special event content offerings are provided by MultiChoice and distributed to Devices on a Streaming basis via the MTN Network. The Selected Service(s) shall be detailed in the Price List from time to time;

1.5.22 "Special Events Contract" means the pre-paid purchase on a fixed time basis (as opposed to a weekly or monthly purchase of Selected Service(s) in terms of a Recurring Subscription) by you of a Special Events Selected Service and in terms of which your access to and use of the Special Events Selected Service will automatically terminate at the end of the purchased viewing period of the Special Events Selected Service;

1.5.23 "Special Events Selected Service" means the purchase by you of a Selected Service which is a once off or special event and which has a Term limited in duration to the viewing period of the purchased once off or special event;

1.5.24 "Stream", "Streamed” or "Streaming" means the delivery of audio, video and multimedia content over an IP data network in a unicast mode by means of a one one-to-one connection between the server and your Device;

1.5.25 "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 platform for the hosting of the Selected Service(s), the digital rights management system, bandwidth capacity, technical services, the software operating system, software applications, the subscriber management services and the business systems;

1.5.26 "Term" means the period purchased by you in respect of your access to and use of the Selected Service(s). The Term purchased by you in respect of your access to and use of the Selected Service(s) may be for a once off and/or special event, a month or a week or as otherwise determined by MultiChoice from time to time;

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

1.6 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).

1.7 No term or provision contained in this Agreement is to be interpreted or construed so as to directly or indirectly –

1.7.1 exclude, limit, waive or deprive you of any rights which you may have in terms of the CPA;

1.7.2 avoid any obligation or duty which we may have in terms of the CPA;

1.7.3 set aside or override the effect of any applicable provision of the CPA; or

1.7.4 authorise us to do anything that is unlawful in terms of the CPA or fail to do anything that is required in terms of the CPA.

2 INTRODUCTION

2.1 This Agreement sets out the terms and conditions which are applicable to the Selected 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 MTN and MultiChoice to authorise you to have access to the Selected Service(s) and MTN and MultiChoice has granted you access to the Selected Service(s) on the terms and conditions set out in this Agreement. The Selected Service(s) are provided to you by MultiChoice and distributed to your Device on a Streaming basis via the MTN Network.

2.3 In its provision of the Selected Service(s), MultiChoice has been granted the right by MTN to access and use the MTN Network for the Streaming of the Selected Service(s) to your Device. MultiChoice has appointed MTN as its billing and collection agent in respect of the Selected Service(s).

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

2.5 Your application on the MTN Mobile Portal for the Selected Services and the subsequent Activation by MultiChoice and MTN of such Selected Services shall constitute your acceptance of all of the terms and conditions in this Agreement. Your application on the MTN Mobile Portal and this Agreement constitute legal agreements between you, MTN and MultiChoice respectively and you are legally bound by them from the date on which MTN and MultiChoice receive your electronic acceptance of this Agreement. You specifically authorise MultiChoice and MTN to Activate or to procure the Activation of 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 access and use the Selected Service(s).

2.7 MTN and MultiChoice reserve the right, in our sole discretion, to vary or amend this Agreement from time to time. In this event, MTN and MultiChoice will notify you of such changes and a copy of the revised Agreement will be published on our website at www.dstvmobile.com and on MTN’s mobile portal which is accessible from your mobile phone at www.mtnplay.co.za. Should you not wish to continue 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, DURATION AND CANCELLATION OF THIS AGREEMENT

3.1 Subject to the provisions of clause 14, this Agreement shall commence on the Activation Date and if you have purchased –

3.1.1 a Special Events Contract only, this Agreement shall continue until the end of the viewing period purchased by you in respect of the Special Events Selected Services, whereafter this Agreement shall immediately terminate insofar as it relates to the Special Events Contract only;

3.1.2 a Recurring Subscription on either a weekly or monthly basis, this Agreement shall continue automatically for an unlimited number of Renewal Periods, unless terminated -

3.1.2.1 by you by requesting cancellation of the Selected Service(s) via MTN’s Mobile Portal at www.mtnplay.co.za by means of your Device or by calling the contact details provided from time to time on MTN's mobile portal or on MultiChoice’s website at www.dstvmobile.com and requesting the cancellation of your subscription to the Selected Service(s); or

3.1.2.2 by MTN and/or MultiChoice on prior notice to you at any time prior to the expiry of your then applicable contract Term;

3.1.2.3 by MTN upon notice to you in the event that the Fees owed by you in terms of the Recurring Subscription, or any amount/s payable by you to MTN or MTN SP have not been timeously paid, or in the event that you have breached any provisions of the Terms of Use of the MTN Mobile Portal; or

3.1.2.4 by either MTN or MultiChoice in terms of clause 14.

3.2 This Agreement will terminate -

3.2.1 if you have purchased the Selected Service(s) as a Recurring Subscription with a Term of 1 (one) week, your Agreement will only terminate at the end of the week in which you terminated your subscription; or

3.2.2 if you have purchased the Selected Service(s) as a Recurring Subscription with a Term of 30 (thirty) days, your Agreement will only terminate at the end of the 30 (thirty) days in which you terminated your subscription.

3.3 If this Agreement is cancelled by either MTN or MultiChoice for any of the above reasons, then this Agreement will terminate upon expiry of the relevant notice period as contained in any such notice of cancellation.

3.4 MTN and MultiChoice will provide you with an opportunity as part of the purchase process and prior to the finalisation of your purchase of the Selected Service(s) to –

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

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

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

3.5 MTN and MultiChoice will make every commercially reasonable effort to immediately provide you with access to the Selected Service(s) after Activation 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.

3.6 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;

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, MTN and/or MultiChoice 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, content, 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 streamed content;

4.1.2.3 the range, nature and number of any ancillary applications, facilities or services (including but not limited to MultiChoice's digital rights systems 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 the Selected Service(s).

4.2 The various Systems necessary for or associated with the provision of the Selected Service(s) (including without limitation technical services, bandwidth capacity, the digital rights 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 MTN and/or MultiChoice 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/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 upgrade, re-configuration or swap-out does not happen; and/or

4.2.3 disable your access to the Selected Service(s), if we have reason to believe or if we suspect that your age is below the age restriction laid down by MultiChoice, its channel or content suppliers from time to time or that the Selected Service(s) are being made accessible to persons who are below the age restriction laid down by MultiChoice and/or its channel or content suppliers from time to time; and/or

4.2.4 disable or remotely alter your access to the Selected Service(s) to prevent you from copying certain content, 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 MTN and/or MultiChoice agree to such request you will be advised of the Fees to be paid by you in respect of the new Selected Service(s). MTN and/or MultiChoice may refuse your request in their discretion.

5 ACCESS TO AND USE OF THE SELECTED SERVICE(S)

5.1 Your request to purchase the Selected Service(s) will be subject to the normal credit vetting practices of MTN and may be approved or rejected by MTN, depending on the outcome of the credit vetting. If your request to purchase the Selected Service(s) is not accepted, you will be notified of such decision in due course.

5.2 You shall comply with all relevant legislation and regulations as well as with all lawful directives given by MultiChoice, MTN SP and/or MTN relating to your access to and/or use of the Selected Service(s) and your use of the MTN Network, the Systems and/or the Devices and/or End User Equipment.

5.3 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 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.

5.4 The Systems are and will be determined and provided by MultiChoice and/or MTN in their sole discretion, or by one of their affiliated companies or appointed agents.

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

5.6 You may not -

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

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

5.6.3 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);

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

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

5.6.6 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;

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

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

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

5.6.10 have access, or attempt to have access, to any MultiChoice service on an unauthorised basis other than the Selected Service(s);

5.6.11 redistribute, relay, retransmit, Stream or broadcast any of the content of the Selected Services(s), including any copy thereof that you may have made;

5.6.12 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;

5.6.13 hack, reverse engineer, decompile, modify, tamper with or otherwise compromise the security of any digital rights management system or any other security or content protection systems of application to the provision of the Selected Service(s) or attempt to do so or permit, facilitate or condone any other person doing so;

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

5.7 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.

5.8 YOU ARE MADE AWARE THAT A BREACH BY YOU OF THE PROVISIONS OF CLAUSES 5.6 AND

5.7 MAY CONSTITUTE CRIMINAL ACTIVITY AND WILL RESULT IN CONSIDERABLE PREJUDICE AND DAMAGE TO MTN AND/OR MULTICHOICE AND/OR RELEVANT CHANNEL SUPPLIERS AND CONTENT PROVIDERS.

5.9 YOU ACKNOWLEDGE AND AGREE THAT MTN AND/OR MULTICHOICE HAVE MEASURES IN PLACE TO MONITOR THE USAGE OF THE SELECTED SERVICE(S) IN ORDER TO CURTAIL ABUSES AND TO OPTIMISE SERVICE LEVELS AND THAT YOUR ACCESS TO AND USE OF THE SELECTED SERVICE(S) MAY BE SUSPENDED AT OUR DISCRETION, IF WE ARE OF THE VIEW THAT YOUR USE OF THE SELECTED SERVICE(S) CONSTITUTES AN ABUSE OR NEGATIVELY IMPACTS ON THE SERVICE STANDARDS OF THE SELECTED SERVICE(S).

5.10 YOU MAY ONLY ACCESS AND USE THE SELECTED SERVICE(S) IF YOU ARE PHYSICALLY WITHIN THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA AND YOU ACKNOWLEDGE AND AGREE THAT THE SELECTED SERVICE(S) SHALL NOT BE MADE ACCESSIBLE TO YOU WHILST YOU ARE TRAVELLING OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA. HOWEVER, IN THE UNLIKELY EVENT THAT THE SELECTED SERVICES ARE MADE AVAILABLE TO YOU WHILST YOU ARE TRAVELLING OUTSIDE OF THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA, THEN UNDER NO CIRCUMSTANCES WHATSOEVER SHALL MULTICHOICE AND/OR MTN, AND/OR MTN SP BE LIABLE FOR ANY DATA CHARGES INCURRED BY YOU WHILST OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE REPUBLIC OF SOUTH AFRICA, IT BEING HEREBY AGREED BY YOU THAT ALL SUCH CHARGES SHALL BE SOLELY FOR YOUR ACCOUNT.

5.11 MTN and MultiChoice do not provide any refund or exchange policy in respect of your purchase of the Selected Service(s) as they entail the right to access Streaming mobile television and video channels and/or content packages and/or once off or special events content offerings, and are therefore 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 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 access to and use of 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, MultiChoice’s channel and content suppliers, MTN, MTN SP or by any applicable regulatory authority from time to time. MultiChoice and/or MTN and/or MTN SP 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.

7 FEES
7.1 MultiChoice has appointed MTN as its billing and collection agent in respect of the Fees. Payment for the Selected Service(s) must be made in accordance with the payment processes implemented by MTN and as notified to you from time to time by MTN.

7.2 If you have a pre-paid Recurring Subscription, the Fee inclusive of VAT shall be deducted from the airtime amount available on your MTN SIM Card. In the event that you do not have sufficient airtime on your MTN pre-paid SIM Card, the transaction shall not be processed and the Selected Service(s) shall not be activated by MTN.

7.3 If you have a post-paid Recurring Subscription, the Fee inclusive of VAT shall be paid by you in accordance with the payment terms and conditions detailed in your agreement with MTN SP for the provision of a mobile cellular telecommunications service to you.

7.4 If you have a Special Events Contract, you must pay the fixed minute Fee for the minutes purchased by you, plus VAT, in accordance with the payment terms and conditions detailed in your agreement with MTN SP for the provision of a mobile cellular telecommunications service to you.

7.5 All payments to be made by you in connection with any Selected Services shall be made in the currency of the Republic of South Africa.

7.6 All payments by you in connection with any Selected Services 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.

7.7 You agree that payment shall only be deemed to have been made once the monies remitted by you have been received and cleared into either MTN's or MTN SP’s bank accounts, depending on whether you are a postpaid or prepaid subscriber.

7.8 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 MTN SP on the dates specified in your contract with MTN SP. You will commit a breach of this Agreement, if you change your banking details for the debit order, without giving MTN SP written notice of such change together with your new banking details immediately after such change has been effected.

7.9 The Fees applicable to the Selected Service(s) are available on the Price List at MultiChoice’s website situate at www.dstvmobile.com, on MTN’s Mobile Portal accessible on your mobile phone at www.mtnplay.co.za/.

7.10 We will publish any change in the Fees in a notice, directive or amended tariff plan on www.dstvmobile.com and on MTN’s Mobile Portal accessible on your mobile phone at www.mtnplay.co.za. MTN and/or MultiChoice will also use reasonable endeavours to notify you by means of an electronic message of our choice prior to such change, but shall not be obligated to you in any way if you did not receive such notice. You will, however, be entitled to terminate the Agreement should you not agree to the change in Fees. On accessing the Selected Service(s) after notification of such change you shall be deemed to have accepted the amended Fees.

7.11 Unless stated otherwise, all prices and 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 Fees.

8 ELECTRONIC MESSAGING

8.1 You consent to MultiChoice and/or MTN and/or MTN SP sending electronic messages to your Device in order to -

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

8.1.7 inform you of other mobile television and video Streaming services offered by MultiChoice and/or an affiliate of MultiChoice.

In this regard, you will be entitled to opt out of receiving these messages by sending a SMS with the word 'STOP' to 30246

9 CONSUMER CREDIT AND PERSONAL INFORMATION

9.1 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 On the submission of your application to MTN for the Selected Services you have also provided your express permission to MultiChoice, MTN, and MTN SP for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of the personal information provided by you to MTN for the purposes of administering this Agreement and for the purposes set out in clause 9.8.

9.3 You acknowledge and expressly give your consent to your Personal Information being used by MultiChoice, MTN and/or MTN SP -

9.3.1 to inform you of changes to this Agreement, the Selected Service(s), the Systems, the End User Equipment and any related applications, functions and facilities;

9.3.2 to monitor, capture, record, receive, store, process, analyse and use 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 GSM device used for streaming the Selected Service(s) and to disseminate the same to those of our employees and affiliated companies who are involved in the provision of the Selected Service(s) and/or the administration of this Agreement;

9.3.3 to process and administer your requests for access to the Selected Service(s) and your access to the Selected Service(s);

9.3.4 subject to your right to opt out, to advise you of any new services or related facilities and to perform targeted advertising;

9.3.5 subject to your right to opt out, to inform you of any promotional competitions;
9.3.6 to administer this Agreement;

9.3.7 subject to your right to opt out, for the purposes of marketing the Selected Services or any additional services that may be offered by either MultiChoice or MTN;

9.3.8 used by MTN, MTN SP and their affiliated companies, their successors-in-title for the performance of their obligations as MultiChoice's agent;

9.3.9 disclosed by MTN and/or MTN SP to MultiChoice and/or its affiliates as part of their obligations as MultiChoice’s agent; or

9.3.10 disclosed by MultiChoice, MTN or MTN SP to the extent required to comply with any applicable law.

9.4 You further acknowledge and expressly give your consent to your Personal Information being used by and disclosed to any company which acquires MTN’s, MTN SP’s and/or MultiChoice's businesses or any part thereof, for the purposes set out in 9.3 above.

9.5 MTN, MTN SP and MultiChoice will not collect, collate, process, receive, store, record, update, modify, retrieve, disseminate and/or distribute your Personal Information for any purpose other than those set out in the sub-clauses to clause 9.3 and will contractually bind any company which acquires MTN’s, MTN SP’s and/or MultiChoice's businesses or any part thereof, for the purposes of compliance with this clause.

9.6 MTN and MultiChoice have implemented technology, policies, and processes aimed at protecting the confidentiality, integrity and availability of your Personal Information. These processes will be updated on an on-going basis; however neither MTN, MTN SP, nor MultiChoice will be responsible or liable for the interception or loss of Personal Information beyond our control.

9.7 MTN will take reasonable steps to procure that it secures your payment information and that it uses 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.
9.8 You consent to -

9.8.1 MTN and MTN SP 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;

9.8.2 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;

9.8.3 MTN and MTN SP disclosing your Personal Information and the content of this Agreement to Credit Bureaux; and

9.8.4 the Credit Bureaux providing MTN and/or MTN SP with your credit profile and credit scores on your creditworthiness.

9.9 MTN, MTN SP and/or MultiChoice will also disclose your Personal Information if and to the extent they or their affiliates are 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.

9.10 You may choose to opt out of receiving direct marketing and promotional materials in connection with the Selected Services from MultiChoice, MTN and/or MTN SP. Your election to choose this opt out must be exercised by sending a SMS with the word 'STOP' to 30246. Opt out SMS's are free of charge. Should you at any stage after having opted out in terms of this clause
9.10, wish to receive direct marketing and promotional materials from MultiChoice, MTN and MTN SP, you may exercise your election to receive such materials by sending an SMS with the word 'OPTIN' to 30600.

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 LICENSED TO, MULTICHOICE ("CONTENT RIGHTS");

10.1.2 THE COPYRIGHT IN THE SOFTWARE AND ALL THE OTHER INTELLECTUAL PROPERTY RIGHTS INCORPORATED IN THE SIM CARDS, THE SYSTEMS, AND IN THE SELECTED SERVICE(S) ARE EITHER OWNED BY OR LICENSED TO EITHER MULTICHOICE, OR MTN OR MTN SP ("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;

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

10.2 YOU SHALL NOT USE AND SHALL NOT PERMIT, FACILITATE OR CONDONE ANY OTHER PERSON USING ANY SYSTEM OR METHOD TO DUPLICATE, REPRODUCE, SELL, STREAM, DOWNLOAD, 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.

10.3 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 MTN, MTN SP AND MULTICHOICE THAT -

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

11.1.2 YOU ARE OVER 18 (EIGHTEEN) YEARS OF AGE AND THAT THERE ARE NO LIMITATIONS UPON YOUR RIGHT TO CONTRACT IN THIS REGARD. IF YOU ARE UNDER 18 (EIGHTEEN) YEARS OF AGE OR YOUR CONTRACTUAL CAPACITY IS SUBJECT TO ANY LIMITATION, THIS AGREEMENT WILL NOT BE BINDING ON EITHER PARTY UNLESS YOU ARE ABLE TO PROVE THAT IN ACCEPTING THIS AGREEMENT, YOU WERE ASSISTED BY YOUR LEGAL GUARDIAN, CUSTODIAN OR LIQUIDATOR (AS THE CASE MAY BE) OR BY SUCH OTHER PERSON WHO IS LEGALLY AUTHORISED TO ASSIST YOU IN CONTRACTING OR TO CONTRACT ON YOUR BEHALF;

11.1.3 THIS AGREEMENT CONSTITUTES LEGAL, VALID AND BINDING OBLIGATIONS ON YOU AND IS ENFORCEABLE AGAINST YOU TO THE FULL EXTENT PERMITTED BY LAW;

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

11.1.5 YOU WILL IMMEDIATELY NOTIFY MTN OF ANY CHANGE IN YOUR ADDRESS, CONTACT DETAILS OR BANKING DETAILS.

12 LIMITATION OF LIABILITY

12.1 ALL REFERENCES TO MULTICHOICE AND/OR MTN AND/OR MTN SP OR THEIR AFFILIATES IN THIS CLAUSE 12 SHALL INCLUDE A REFERENCE TO THEIR EMPLOYEES, REPRESENTATIVES AND DIRECTORS

12.2 SUBJECT TO THE RELEVANT PROVISIONS OF THE CPA, NEITHER MULTICHOICE, MTN, MTN SP NOR ANY OF THEIR AFFILIATED COMPANIES GIVE ANY WARRANTY OR MAKE ANY REPRESENTATION -

12.2.1 AS REGARDS ANY COMPONENT OF THE END USER EQUIPMENT, NOR THAT YOU WILL BE ABLE TO ACCESS THE SELECTED SERVICE(S) USING THE END USER EQUIPMENT IT IS YOUR RESPONSIBILITY TO, AT YOUR OWN COST, PRIOR TO ACCESSING AND USING THE SELECTED SERVICE(S) AT ANY TIME, –

12.2.1.1 ACQUIRE ACCESS TO, IMPLEMENT AND MAINTAIN THE NECESSARY END USER EQUIPMENT AND ANY RELATED SOFTWARE AND SYSTEMS;

12.2.1.2 ENSURE THAT YOUR END USER EQUIPMENT IS CAPABLE OF RECEIVING THE SELECTED SERVICE(S) AND/OR HAS THE REQUISITE APPLICATIONS, SOFTWARE AND/OR SETTINGS TO RECEIVE THE SELECTED SERVICE(S); AND

12.2.1.3 ENSURE THAT YOU MEET THE MINIMUM TECHNICAL SPECIFICATIONS SET OUT AT WWW.DSTVMOBILE.COM, AND THAT THOSE ITEMS ARE COMPATIBLE WITH THE SELECTED SERVICE(S), AND SUFFICIENT FOR THAT PURPOSE;

12.2.2 THAT YOUR ACCESS TO THE SELECTED SERVICE(S) WILL BE CONTINUOUS AND/OR UNINTERRUPTED. IN THIS REGARD WE POINT OUT THAT YOUR ACCESS TO THE SELECTED SERVICE(S) IS DEPENDANT ON FACTORS BEYOND MULTICHOICE'S CONTROL, INCLUDING THE CONSTRAINTS OF THE MTN NETWORK, AND ENVIRONMENTAL AND/OR TOPOGRAPHICAL FACTORS;

12.2.3 AS TO THE QUALITY OF RECEPTION BY YOU OF THE SELECTED SERVICE(S) TO THE EXTENT THAT THIS RESULTS FROM CAUSES BEYOND THEIR CONTROL; OR
12.2.4 AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTHFULNESS OR ACCURACY OF THE CONTENT OF THE SELECTED SERVICE(S).

12.3 MTN, MTN SP AND/OR MULTICHOICE ARE NOT LIABLE FOR ANY DAMAGES SUFFERED BY YOU, ANY PERSON WHO HAS BEEN ENABLED TO HAVE ACCESS TO THE SELECTED SERVICES, OR BY ANY OTHER THIRD PARTY, WHICH ARISES OUT OF YOUR INABILITY TO ACCESS THE SELECTED SERVICE(S) WITH THE DEVICE EITHER CONTINUOUSLY OR AT ALL AS A RESULT OF YOUR FAILURE TO MEET YOUR OBLIGATIONS SET OUT IN 12.2.1.1 TO 12.2.1.3 above.

12.4 MTN, MTN SP AND/OR MULTICHOICE MAY SUSPEND, CANCEL, VARY OR TERMINATE THIS AGREEMENT OR ANY PART THEREOF WITHOUT LIABILITY IN THE EVENT OF A PROHIBITION BY THE GOVERNMENT OR A REGULATORY AUTHORITY ON THE TRANSMISSION OF OR ACCESS TO THE SELECTED SERVICE(S) OR ANY IMPOSSIBILITY OF THE PERFORMANCE BY MTN, MTN SP AND/OR MULTICHOICE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, WHICH IMPOSSIBILITY AROSE FROM CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF MTN, MTN SP AND/OR MULTICHOICE.

12.5 NEITHER MULTICHOICE, MTN, MTN SP, NOR ANY OF THEIR AFFILIATED COMPANIES SHALL BE LIABLE 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 ANY ACT OR OMISSION OF MULTICHOICE, MTN, MTN SP OR THEIR AFFILIATED COMPANIES, SAVE FOR ANY ACT OR OMISSION WHICH IS WILFULLY INTENDED TO CAUSE LOSS OR IS GROSSLY NEGLIGENT;

12.5.2 A BREACH OF THIS AGREEMENT BY YOU;

12.5.3 ANY INTERRUPTION OR SUSPENSION, OF THE DISTRIBUTION OR RECEPTION OF THE SELECTED SERVICE(S) BEYOND THE CONTROL OF MULTICHOICE, MTN OR MTN SP, PROVIDED THAT WE WILL GIVE YOU TIMELY NOTICE OF ANY UNAVOIDABLE DELAY IN THE PERFORMANCE OF THE SELECTED SERVICE(S);OR

12.5.4 THE CONTENT RECEIVED ON THE DEVICE OR THE CONTENT OF THE SELECTED SERVICE(S), EXCEPT WHERE SUCH LOSS OR DAMAGE IS CAUSED BY THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS OF MULTICHOICE, MTN, MTN SP OR ANY OF THEIR AFFILIATED COMPANIES, AND YOU ACKNOWLEDGE THAT THE SELECTED SERVICE(S) MAY CONTAIN IMAGES AND/OR MATERIAL THAT MAY BE REGARDED AS UNSUITABLE OR OFFENSIVE BY SOME VIEWERS.

12.6 NOTWITHSTANDING ANY EXPRESS EXCLUSION OF LIABILITY RECORDED IN THIS CLAUSE 12, AND TO THE FULL EXTENT PERMITTED BY LAW, NEITHER MULTICHOICE, MTN, MTN SP 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, MTN, MTN SP OR ANY OF THEIR AFFILIATED COMPANIES.

12.7 MULTICHOICE, MTN, MTN SP AND THEIR AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE SUFFERED BY ANY THIRD PARTY AS A RESULT OF A BREACH BY YOU OF THE PROVISIONS OF THIS AGREEMENT.

13 SUSPENSION OF ACCESS TO THE SELECTED SERVICE(S)

13.1 MTN, and/or MTN SP and/or MultiChoice may at any time suspend your access to the Selected Service(s), in whole or in part, without notice to you and without incurring any liability whatsoever, if –

13.1.1 MTN, and/or MTN SP and/or MultiChoice is unable to provide the Selected Service(s) due to circumstances beyond its control;

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

13.1.3 it is necessary to protect the integrity of MultiChoice’s digital rights management system or any other security or content protection 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) and/or the Systems; or

13.1.5 you breach any term of this Agreement.

13.2 If you have a Recurring Subscription and if your access to the Selected Service(s) is suspended for any reason, you will still be liable for the Fees during the time of suspension, unless MultiChoice agrees in writing not to charge you for such Fees.

14 BREACH

14.1 Should a party (the “Defaulting Party”):

14.1.1 in your case, fail to make any payment on the Due Date; or

14.1.2 commit any breach of this Agreement; and

14.1.3 fail to remedy such breach within 7 (seven) days of receipt of written notice from the other party/ies (the “Aggrieved Party”) calling upon the Defaulting Party to remedy such breach the Aggrieved Party 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 if MTN and/or MultiChoice are the Aggrieved Parties, immediately suspend your access to and use of the Selected Service(s);

14.1.3.2 declare all amounts owing to MTN, MTN SP and/or MultiChoice by you to be immediately due and payable;

14.1.3.3 cancel this Agreement.

14.2 Where requested by you, MTN, and/or MTN SP and/or MultiChoice may, in their sole discretion, elect to reconnect your access to the Selected Service(s) notwithstanding a suspension of such access, subject to the payment of a re-Activation 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 ECT Act is available at our website situate at www.dstvmobile.com.

16 CESSION, ASSIGNMENT AND DELEGATION

16.1 MTN, and/or MTN SP and/or MultiChoice may cede, assign, delegate or otherwise transfer its rights and/or obligations under this Agreement without your prior written consent.

16.2 You must advise and obtain MTN, MTN SP and MultiChoice’s prior written consent before ceding, assigning, delegating or otherwise transferring your rights and/or obligations under this Agreement.

17 NOTICES AND DOMICILIUM

17.1 MTN, and/or MTN SP and/or 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 MTN, MTN SP and/or MultiChoice at 216 14th Avenue, Fairland Roodepoort 2195 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 cell phone 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 and/or MTN or MTN SP in terms of this Agreement.

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 a party to another shall operate as a waiver of any of the party’s rights or as an estoppel against a party.
19.5 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.


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