MULTICHOICE AFRICA (PTY) LTD ("MULTICHOICE")

These terms and conditions ("terms and conditions" or "the terms") are binding and enforceable against all persons that access the DStv Mobile website ("users") located at, http://www.dstvmobile.co.za, ("the DStv Mobile website").

By accessing the DStv Mobile website, users agree to be bound by the terms effective at the time of such access.

MultiChoice Africa (Pty) Ltd ("MultiChoice") reserves the right in its sole discretion to vary or amend any of the terms from time to time. In this event, MultiChoice will post the revised terms on the DStv Mobile website. Each time the user accesses the DStv Mobile website the user agrees to be bound by the terms posted on the DStv Mobile website at the time.

Definitions and interpretation

Any reference in the terms -
4.1 to the singular includes the plural, and vice versa; and
4.2 to one gender includes the other gender.
"Data message" has the same meaning as that given to the term in the Electronic Communications and Transactions Act, 2002 ("the ECT Act"). A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.

Hardware, software and Internet access

It is the responsibility of the user to acquire and maintain, at the user's expense, the computer hardware and software, telecommunications facilities and Internet access service in order to access the Internet and the DStv Mobile website.
It is the responsibility of the user to be satisfied, prior to accepting these terms that the DStv Mobile website is compatible with the user's computer hardware and/or software.

Allowed use and license

MultiChoice grants the user a non-exclusive license to view, download and/or print the information or materials on the DStv Mobile website subject to these terms.
Users may only access and use the DStv Mobile website, or any of the information or materials provided on the DStv Mobile website, in a lawful manner and for the user's private or educational purposes.
Users may not access or use the DStv Mobile website, or any of the information or materials on the DStv Mobile website, for any commercial or other non-private/non-educational purposes ("commercial purposes") without the prior written consent of MultiChoice.

Cost of website access

Access to the DStv Mobile website is free to any user who agrees to these terms, although access to some or all of the pages on the DStv Mobile website may be restricted to persons who registered through the "Sign me in" function.
Notwithstanding clause 11, MultiChoice may, in future, charge fees for access to some or all of the pages on the DStv Mobile website.

Caching

Users may cache the DStv Mobile website provided that -
13.1 the purpose of the caching is to make the onward transmission of the content from the DStv Mobile website more efficient;
13.2 the cached content is not modified in any manner whatsoever; and
13.3 the cached content is removed or updated from the user's computer system(s) if so required by MultiChoice.

Hyperlinks from website to third party sites

MultiChoice may provide hyperlinks to websites not controlled by MultiChoice and such links do not imply any endorsement, agreement with, or support for, the information on or content of such target sites.
MultiChoice does not editorially control the information or content on such target sites and will not be liable in any manner whatsoever or for any information or content made available on or through such target sites.

Hyperlinks to website

Persons may hyperlink to the DStv Mobile website from another website subject to these terms.
Such persons do so at their own risk and MultiChoice will not be liable in any manner whatsoever for any loss, liability or damage that resulted from such access to, or the use of, the DStv Mobile website.
Any person who provides a hyperlink to the DStv Mobile website undertakes to indemnify MultiChoice against any loss, liability or damage that may result from linking to the DStv Mobile website.
A person who provides a hyperlink to the DStv Mobile website must meet the requirements in clauses 27.1 to 27.6 inclusive.

Framing

No person may frame the DStv Mobile website in any manner without the prior written consent of MultiChoice.

Searching

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

User postings on website

Users may post their personal opinions, messages and ideas on the discussion forum(s) on the DStv Mobile website.
MultiChoice reserves the right, in its sole discretion, to refuse to post, to modify, or to remove any content posted by a user.
Users undertake not to post any information or content onto the DStv Mobile website that is, or may be, unlawful, defamatory, harassing, obscene, personal/commercial advertising/marketing material, profane, untrue, false, incorrect, misleading, infringes the privacy or intellectual property rights of a third party, or is harmful in any way.
MultiChoice is not liable for any information or content posted by third parties on the DStv Mobile website, whether or not MultiChoice exercised control over such content. Any user who posts any information or content onto the DStv Mobile website indemnifies and holds MultiChoice harmless against any loss, liability or damage that may result from the user's posting(s) to the DStv Mobile website.
Users are encouraged to report to MultiChoice information or content on the DStv Mobile website that is unlawful, defamatory, harassing, obscene, personal/commercial advertising/marketing material, profane, untrue, false, incorrect or misleading, infringes the privacy or intellectual property rights of a third party, or is harmful in any way.

Use of articles on website of electronic clipping or personalised news services

MultiChoice, in its sole discretion, will grant the consent referred to in clause 10 to the use of any of the articles on the DStv Mobile website in electronic clipping services or personalised news services only if such electronic clipping service or personalised news service -
27.1 does not copy or provide the entire article as it appears on the DStv Mobile website, but only provides a short summary of the contents of the article;
27.2 provides a correct and functioning hyperlink to the article on the DStv Mobile website;
27.3 acknowledges the DStv Mobile website as the source of the content;
27.4 acknowledges writers, journalists, photographers and any other third parties as they are acknowledged on the DStv Mobile website;
27.5 indicates the date on which the article was sourced from the DStv Mobile website; and
27.6 includes the following copyright notice: "© MultiChoice Africa (Pty) Ltd. All rights reserved".

Security

MultiChoice does not make any warranties or representations that the DStv Mobile website is safe and secure.

No person may, whether intentionally or negligently, do anything to compromise the security and stability of the DStv Mobile website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses) to the DStv Mobile website or the server and computer network that support the DStv Mobile website. The user must take all reasonable steps to prevent compromising the security and stability of the DStv Mobile website as set out in this clause.
Any person who contravenes clause 29 will, in addition to any criminal prosecution, be liable for all resulting loss, liability or damage caused, and undertakes, without any limitation, to indemnify and hold MultiChoice harmless against any and all loss, liability or damage MultiChoice or any third party may suffer as a result of such contravention.

Privacy

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

Intellectual property rights and domain name use

All intellectual property on the DStv Mobile website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, and hyperlinks, whether registered or not, is the property of, or is licensed to, MultiChoice ("the intellectual property").
South African and international law protect the intellectual property from infringement.
Subject to the rights granted by MultiChoice to the user in these terms, and in clause 8 in particular, these terms should not be construed as granting the user any license or right to use the intellectual property without the prior written consent of MultiChoice.
Without limiting the scope of clause 35, the user specifically undertakes not to copy, reproduce, modify, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof.

All MultiChoice's intellectual property rights are expressly reserved.

Disclosures required by s43 of ECT Act

MultiChoice makes the following disclosures required by s43 of the ECT Act:
Full name and legal status MultiChoice Africa (Pty) Ltd
Telephone number (011) 577 4900
E-mail address enquiries@multichoice.co.za

Physical address
251 Oak Avenue, Ferndale, Randburg, 2194, South Africa
Postal address PO Box 1502, Randburg, 2125, South Africa
Physical address for receipt of legal service 251 Oak Avenue, Ferndale, Randburg, 2194, South Africa
Website address , http://www.dstvmobile.co.za

Main business Provision of a digital satellite subscription broadcasting service
Registration number 1994/009083/07 Pretoria
Office bearers (directors) JJ Volkwyn, FLN Letele, E Greyling, SF Ward (British)
Alternative dispute resolution Please refer to clauses 62 to 65 of these terms. http://www.arbitration.co.za

Description of goods/services offered on DStv Mobile website Please refer to the "our products" and "get DStv" sections of the DStv Mobile website

Price of goods/services offered on DStv Mobile website Please refer to the "our products" and "get DStv" sections of the DStv Mobile website

Subscription agreement The DStv Mobile subscription agreement under the "Get DStv" section

Return, exchange and refund policies If this website fails to comply with the disclosure requirements in s43 of the ECT Act, or MultiChoice fails to allow users to prevent and correct mistakes in any transaction concluded via the DStv Mobile website, users are entitled to cancel such transaction within 14 days of receipt of the goods and to be refunded on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging. If a transaction is cancelled in terms of this clause, MultiChoice will refund all payments made by the purchaser minus the direct cost of returning the goods. If the user places an order on the DStv Mobile website and MultiChoice fails to execute the order timeously, the user may cancel the agreement. This paragraph only applies to transactions concluded via the website. Not-withstanding the above, subscriptions to DStv Mobile are governed by the subscription agreement between MultiChoice and the subscriber.
Cooling off with s42(2) of the ECT Act, to the extent that this section applies.

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

Disclaimer and limitation of liability

In the clauses under the heading "disclaimer and limitation of liability", references to MultiChoice include its directors, officers, employees, agents and representatives.
MultiChoice provides the DStv Mobile website on an "as is" basis and has not tailored the DStv Mobile website to meet a user's individual requirements.
Information, ideas and opinions expressed on the DStv Mobile website should not be regarded as professional advice or the official opinion of MultiChoice, and users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the DStv Mobile website.
Subject to the provisions of s43(5) and s43(6) of the ECT Act, if applicable, and as far as allowed by law:
43.1 MultiChoice makes no representations and gives no warranties, whether expressly or implicitly, as to the DStv Mobile website or the information provided on the DStv Mobile website, and specifically, but without limitation, makes no representations and gives no warranty -
43.1.1 that the DStv Mobile website will meet the requirements or expectations of the users;
43.1.2 of the time within which the DStv Mobile website will be updated, or that the DStv Mobile website will be available at all times; or
43.1.3 that the information provided on the DStv Mobile website will be true, complete, accurate or reliable.
43.2 MultiChoice, will not be responsible, and disclaims all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, and which is suffered by any person who accesses, uses or relies on the DStv Mobile website. Without limiting the generality of this clause, MultiChoice will not be liable for any loss, liability or damage of any nature incurred by whomever and resulting from:
43.2.1 access to the DStv Mobile website;
43.2.2 access to websites linked to the DStv Mobile website;
43.2.3 inability to access the DStv Mobile website;
43.2.4 inability to access websites linked to the DStv Mobile website;
43.2.5 access to, use of, or reliance on information or content available on the DStv Mobile website;
43.2.6 without limiting the scope of clause 43.2.5, any content posted by third parties on the DStv Mobile website, whether or not MultiChoice exercised control over such content;
43.2.7 services available from the DStv Mobile website;
43.2.8 MultiChoice's delay or failure to fulfill its obligations under this agreement to the extent that such delay or failure results from causes beyond MultiChoice's reasonable control; or
43.2.9 any negligent act or omission of MultiChoice or its consultants, agents or employees.
43.3 The user agrees to indemnify and hold MultiChoice and its directors, officers, employees, agents, representatives and associates harmless from any claim or demand, including legal fees on an attorney and own client scale, made by any third party arising from or in relation to the user's access to, use of, or reliance on the DStv Mobile website.
MultiChoice is not liable for any direct or consequential damage suffered by the user or any other third party as a result of the exercise by MultiChoice of MultiChoice's rights in terms of this agreement.

Offer and acceptance

By advertising any goods/services on the DStv Mobile website, MultiChoice invites users to make an offer to acquire the relevant goods/services.
In the event that a user makes an offer, MultiChoice, in its sole discretion, may accept the offer, in which case MultiChoice will take additional positive action to demonstrate its intention to accept the offer.

Time, place, manner and attribution of data messages

The parties agree that:
47.1 Data messages addressed by the user to MultiChoice will be deemed to have been received by MultiChoice only if MultiChoice responds thereto or acknowledges receipt thereof.
47.2 Data messages addressed by MultiChoice to the user will be deemed to be received by the user when the complete data message enters an information system designated or used for that purpose by the user and is capable of being retrieved and processed by the user.
47.3 Data messages addressed by the user to MultiChoice or vice versa will be deemed to have been created and sent from Johannesburg, South Africa.
47.4 Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between the user and MultiChoice.
47.5 Any data messages that are sent by the user to MultiChoice from a computer, IP address or mobile device normally used by or owned by the user will be deemed to have been sent to MultiChoice by the user, or on behalf of the user by a person duly authorised by the user.

Amendment and termination

MultiChoice expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
48.1 change these terms and conditions;
48.2 change the information, content, services and applications on the DStv Mobile website;
48.3 discontinue any aspect of the DStv Mobile website or information, content, services and applications on the DStv Mobile website; and
48.4 change the software and hardware required to access and use the DStv Mobile website or the information, content, services and applications on the DStv Mobile website.
All licenses and/or permissions granted in these terms, and particularly clause 8, are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by MultiChoice in its sole discretion at any time without giving any reasons therefore.
MultiChoice, in its sole discretion, may terminate the DStv Mobile website, or any aspect thereof, at any time.
Clauses 31 and 32 concerning MultiChoice's privacy policy, clauses 33 to 37 concerning MultiChoice's intellectual property, and the disclaimers and limitations of liability in clauses 40 to 44 will survive the termination of these terms and conditions for any reason whatsoever.

Entire agreement and variation

The terms, as amended by MultiChoice from time to time, constitute the entire agreement between MultiChoice and the user in relation to its subject matter.
In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.

Applicable and governing law

The website is hosted, controlled and operated from the Republic of South Africa, and is targeted at users in the Republic of South Africa.
South African law governs these terms, and any dispute arising out of, or in relation to these terms.
Subject to clauses 62 to 65, these terms will be subject to enforcement by the South African courts.
MultiChoice will not be liable for the infringement of any rights, or the contravention of any laws, outside the Republic of South Africa.

Legal costs

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

Breach

If MultiChoice fails to comply with the disclosure and review requirements in s43 and s46 of the ECT Act, a user who is a consumer may cancel the agreement entered into on the DStv Mobile website within fourteen days of receipt of the goods and MultiChoice will refund the consumer on return of the goods for all payments made, less the direct cost of returning the goods, provided that the goods are returned unused, in their original condition, and in their original packaging.
Without prejudice to any other rights it may have, MultiChoice reserves the right to claim damages from any person who contravenes this agreement and as a result of which MultiChoice suffers any loss, liability or damage.
Any failure by MultiChoice to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

Resolution of disputes

If a dispute between MultiChoice and a user concerning the interpretation or application of these terms and conditions remains unresolved, and the user wishes to pursue the dispute, then the user must refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
Such arbitration proceedings must be conducted in Johannesburg in English.
The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za