(PLEASE NOTE IN PARTICULAR THE PARAGRAPHS IN THE TERMS AND CONDITIONS WHICH ARE IN RED AND BOLD, WHICH MIGHT LIMIT OUR RISK OR LIABILITY, REQUIRE YOU TO INDEMNIFY US OR TO ASSUME RISK AND LIABILITY FOR CERTAIN ISSUES, OR TO ACKNOWLEDGE CERTAIN FACTS)
The DStv On Demand Facility enables
DStv Premium Subscribers to view selected programming that has been broadcast
on the DStv Premium Bouquet, by means of the Streaming or temporary Download to
your computer, for a limited period of time after the linear broadcast of that
programming on the DStv Premium Bouquet.
The terms and conditions on which
we authorise you to access and use the DStv On Demand Facility via the Website are
set out below.
By accessing and using the DStv On
Demand Facility, you agree to be bound by the Terms and Conditions which are
posted on the Website at the time of such access and use, and as amended from
time to time.
These Terms and Conditions are in
addition to the terms and conditions of the Subscription Agreement and the
Website Terms and Conditions. If there is a conflict between –
these Terms and Conditions and the
Subscription Agreement, then the provisions of the Subscription Agreement will
these Terms and Conditions and the
Website Terms and Conditions, then the provisions of these Terms and Conditions
No provision of these Terms and
Conditions is to be interpreted or construed as excluding, limiting or waiving any
rights which you may have in terms of the ECT Act or the CPA.
In these Terms and Conditions the
following terms will have the following meanings -
"Affiliate" in relation
to MultiChoice means any person which is –
controlled by MultiChoice;
controls MultiChoice; or
is under common control with
"Content" means audio
and/or audiovisual programming which was previously broadcast on the linear DStv
Premium Bouquet, which is selected and made available by MultiChoice for subsequent
viewing by DStv Premium Subscribers using the DStv On Demand Facility;
"CPA" means the Consumer
Protection Act, 2008;
"Download" means to
transfer and store Content onto your Equipment for subsequent access and use;
"DStv On Demand Desktop
Player" means software developed by us which you are required to install on
your Equipment in order to download and/or view the Content on the DStv On
"the DStv On Demand
Facility" means the facility, including the associated Content, Systems and
features on the Website which enables you to view, by means of the Streaming or
temporary Download to your Equipment, selected programming for a limited period
of time after the linear broadcast of that programming on the DStv Premium
"DStv Premium Bouquet"
means the package of audiovisual and audio channels on the DStv Service referred
to as such by us, and includes any bouquet which we determine should replace
that bouquet from time to time;
Subscriber" means a natural person who has subscribed to
the DStv Premium Bouquet for his or her private use;
"DStv Service" means one
or more bouquets and the associated services, features, facilities and
applications provided by MultiChoice to its subscribers in terms of the
"ECT Act" means the
Electronic Communications and Transactions Act, 2002;
"Equipment" means the
computer which you use to access and use the DStv On Demand Facility;
"we" or "us" means MultiChoice Africa (Pty) Ltd, a company registered in South Africa with
registration number 1994/009083/07, and any other person (including any legal
person) to which that company may transfer its rights, obligations and
interests in terms of this Agreement;
“Stream” or "Streaming"
means to transfer Content via the Internet from the Website to your Equipment
in a unicast mode so that the
Content is received and processed in a
steady Stream intended for
real-time viewing (other than delays caused by “buffering” interruptions) and
is not intended to be copied, stored, Downloaded, or redistributed by the user;
means the agreement between MultiChoice and its subscribers, as amended from
time to time, which sets out the terms and conditions on which the subscriber
is authorised to access the DStv Service in exchange for payment of the
applicable subscription fee;
"Systems" means the DStv
On Demand Desktop Player and any other computer systems, software or
applications which we may use or consider necessary for or associated with the
provision of the DStv On Demand Facility;
"Terms and Conditions"
means the terms and conditions set out herein, as amended from time to time;
"user" or "you"
means a DStv Premium Subscriber who accesses or uses the DStv On Demand
Facility on the Website;
"Website" means the
website located at www.dstvondemand.com
and any other URL used by us to provide the DStv On Demand Facility from time
to time; and
"Website Terms and Conditions"
means the general terms and conditions for accessing and/or using the Website.
Eligibility to access and use the DStv On Demand Facility
The DStv On Demand Facility is
available only –
to a DStv Premium Subscriber whose
subscription is active and fully paid at the time of accessing and using the DStv
On Demand Facility;
after you have registered to use
the Website and the DStv On Demand Facility in accordance with paragraphs 18 to 22;
if and for as long as you are
physically located within the Republic of South Africa at the time of accessing
and using the DStv On Demand Facility; and
if you agree to be bound by these
Terms and Conditions, and comply with them.
We may take measures, including
technological measures, to ensure that we provide the DStv On Demand Facility
only to persons who meet the eligibility criteria in paragraph 7 above.
Content on the DStv On Demand Facility
We may, in our sole discretion,
select and determine the Content which will be available for viewing on the DStv
On Demand Facility from time to time.
The selected Content on the DStv
On Demand Facility will be available for viewing on the DStv On Demand online
only after the linear broadcast of
that Content on the DStv Premium Bouquet; and
for a limited period of time after
the first linear broadcast of that Content on the DStv Premium Bouquet
("the Validity Period").
You will have no right or expectation
that any particular programming will be available for viewing using the DStv On
Demand Facility, regardless of whether or not that particular Content has been
broadcast on the DStv Premium Bouquet.
Some Content may be available for
Streaming but not for Download, or vice versa.
Minimum technical specifications
In order to access and use the DStv
On Demand Facility you must, at your own cost meet our minimum technical
specifications as set out on the Website from time to time.
Without limiting the generality of
paragraph 13 above, you
must, at your own cost –
acquire access to, install and
maintain, the specified hardware (including the Equipment), software (including
the DStv On Demand Desktop Player), applications and telecommunications
facilities, and have put in place the correct settings;
obtain broadband Internet
access from a service provider of your choice;
meet our recommended minimum
bandwidth specifications in order for you to Stream and/or Download Content;
ensure that you have sufficient Download
capacity available on your Equipment;
maintain the required hardware
(including the Equipment), Systems, software, telecommunications facilities and
Internet access services.
You must ensure, prior to
accessing and using the DStv On Demand Facility at any time, that –
your Equipment is capable of
receiving the Content and/or has the requisite applications, software, settings
and/or bandwidth to receive that Content, and that you meet the minimum
specifications set out on the Website and in paragraph 14 above; and
the items referred to above are
compatible with the DStv On Demand Facility, and sufficient for that purpose.
We will not be
responsible for -
any failure or delay in
the delivery of the content, or
any loss (including
loss of data), damage (including damage to your hardware and your Equipment),
costs or expenses suffered or incurred by you,
directly or indirectly as a result of your
failure to meet the Systems requirements, to properly install the hardware or
software, or due to any incompatibility of your Equipment with the DStv On Demand
We will not be
responsible for any loss, damage, costs or expenses suffered or incurred by you
due to factors beyond our reasonable control including, without limitation,
Internet congestion, slow Internet connectivity, the operation of
"cookies", temporary Internet files, firewalls, proxy servers, pop‑up
blockers or other files/software on your equipment. It is your responsibility
to manage your hardware and Systems to remove any impediments to the proper
functioning of the DStv On Demand Facility. You are, however, cautioned
against taking any steps which could render you and/or your hardware (including
your Equipment) and/or Systems vulnerable to any risks including, without limitation,
viruses or spam, and you do so at your own risk.
In order to access and use the DStv
On Demand Facility, you must register for the DStv On Demand Facility by
completing the electronic registration form provided on the Website.
When completing the electronic
registration form, you will be required to -
provide us with the information which
we require including, without limitation your name, e-mail address, and DStv smartcard
and/or DStv account number;
create a username and password;
accept these Terms and Conditions.
It is your responsibility to
ensure that you have provided us with accurate and complete information as
stipulated in the electronic registration form or in any other request made by
us. Your registration will be rejected if you do not complete all of the steps
in the registration process.
Once you have registered for
access to the DStv On Demand Facility, we will send you an e-mail containing a
link to verify your email address. As soon as possible after you have accessed
that link, your registration will be verified and, thereafter, we will
authorise you to access and use the DStv On Demand Facility.
You are solely responsible for
keeping all your registration and access details (including your username and
password) private and secure in order to prevent unauthorised access to and use
of the DStv On Demand Facility by third parties.
Access to and use of the DStv On Demand Facility
You must enter your username and
password (log on to the Website) every time you wish to access and use the DStv
On Demand Facility.
Once you have logged on you will
be able to browse a list of the Content available at the time and the
applicable Validity Periods ("the Catalogue").
During the Validity Period you may
select Content that you wish to view from the Catalogue, by way of Streaming
and/or Download to your Equipment.
It is your responsibility to
satisfy yourself, prior to accessing Content on the DStv On Demand Facility, that the Content meets your individual
Certain Content which
is available on the DStv On Demand Facility may be subject to age restrictions,
contain strong language or other material which may offend sensitive viewers,
or be inappropriate for younger users. We will attempt to inform you of such
Content. It is, however, your responsibility to heed those warnings and to act
Duration and expiry of Content on the DStv On Demand Facility
The Content will be available for
the Validity Period indicated on the Website from time to time.
During the Validity Period, you
may view the relevant Content as often as you wish.
At the expiry of the relevant
Validity Period, regardless of whether or not you have wholly or partially
viewed the particular Content, and regardless of whether you are viewing the
particular Content at the time -
that Content will no longer be
available for viewing on the DStv On Demand Facility, either by way of
Streaming or Download;
your viewing of that Content will
if you had Downloaded that
Content, we will, in an automated manner, and without notice to you, delete
that Content from your Equipment. You may, at any time, view the expiry date
and time within the DStv On Demand Desktop Player or, if you Streamed the Content,
on the "play" page on the Website.
If you Stream the Content, your
Streaming session may be terminated prior to the expiry of the relevant
If you do not select the
"Remember Me" function when you log on to the Website, then your Internet
session will expire if you pause your viewing of the relevant Content or there
is no other activity on the Website for 90 continuous minutes.
If you select "Remember
Me" when logging on to the Website, you will remain logged on to the
Website (even if you pause your viewing or there is no other activity on the
for 30 days;
until you log off the Website; or
until you log on to the Website
from different Equipment, in which event you will be automatically logged off from
your Internet session using the prior Equipment because the DStv On Demand
Facility applies a single sign-on system which will not permit you to be logged
on to the Website using two sets of Equipment simultaneously,
whichever occurs first.
Regardless of whether or not you
have selected "Remember Me", your viewing will be interrupted if you
refresh the Web page or if you navigate away from it. In order to view the
Content that was interrupted, you will need to re‑select that Content,
reload it and replay it from the beginning, and search for the point at which
your viewing was interrupted.
Subject to you complying with
these Terms and Conditions, our authorising you to have access to the DStv On Demand
Facility will continue until terminated by either you or us in terms of these
Terms and Conditions.
Subject to these Terms and
Conditions, you must –
ensure that your personal
information which you provided to us during the registration process is always
accurate, current and complete. You can change your personal details,
including your username and password, at any time by logging on to the Website
and accessing your user profile, or in any other manner which we make available
from time to time;
inform us within 24 hours if you
suspect or become aware that a third party has obtained access to your username
and password, or if you suspect unauthorised use of the DStv On Demand Facility,
your username and password and/or your DStv subscription; and
take all reasonable steps to
prevent the viewing of Content by children below the prescribed age restriction
or sensitive or younger users.
Cost of the DStv On Demand Facility
We provide the DStv On Demand
Facility at no charge to a DStv Premium subscriber. However, we reserve the
right to charge a fee for the DStv On Demand Facility in the future. In that
event, will notify you on the Website in advance of such charge.
You must pay for any data or other
charges levied by any service provider in order for you to use the DStv On Demand
Permitted use of the DStv On Demand Facility
You may access and use the DStv On
Demand Facilityonlyfor your individual private, non‑commercial
use, and in accordance with these Terms and Conditions.
The Content, Systems and all other
materials or software which we make available to you on the DStv On Demand Facility
are either owned by, or licensed to, us and/or our Affiliates, and are
protected by intellectual property law.
You may not use the DStv On Demand
Facility, or any aspect thereof, in any manner that constitutes a violation of
any law (including intellectual property law, and including statutory law and
the common law), or an infringement of our rights (including the intellectual
property rights) or those of our Affiliates, our licensors or any third party.
You may not reproduce, modify,
copy, transfer (to any person or onto any device, whether corporeal or
incorporeal), perform, transmit, broadcast, upload, or redistribute the Content,
whether for your personal use or commercial gain, or commercially exploit the Content
in any manner whatsoever. For the avoidance of any doubt, you may view the
Content only on the Equipment to which you elected to have it Streamed or onto
which you elected to have it Downloaded using the DStv On Demand Facility.
In relation to any Systems which
we provide to you, you may not -
modify, disassemble, decompile or
reverse engineer these Systems;
sublicense, distribute, rent, sell
or otherwise transfer them to any third party;
copy or reproduce the Systems; or
circumvent or disable any
technology features or measures in the Systems.
You may not 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 used for or in relation to the provision of the DStv On Demand
You may not use the DStv On Demand
Facility in any manner that causes the DStv On Demand Facility or any aspect
thereof to be interrupted or damaged, or which harms us or the DStv On Demand
Facility in any manner whatsoever.
If you breach these
Terms and Conditions, you will be responsible for any loss, damage and expense
which we may suffer, or claims against us which arise, directly or indirectly,
from or in relation to your breach of these Terms and Conditions.
Amendment and variation of the DStv On Demand Facility
We reserve the right, at any time,
limit or deny access to the DStv
On Demand Facility, or any aspect thereof, for any reason which we consider reasonably
necessary for any purpose related to our business including, without
limitation, in order to support the provision, operation, maintenance and
security of the DStv On Demand Facility and/or the DStv Service, or any aspect
thereof, and for purposes of performing any upgrade, repair or maintenance
change the DStv On Demand Facility,
or any aspect thereof; or
discontinue the DStv On Demand
Our conduct in terms of paragraph 44 will not
affect our or your rights and obligations in respect of a transaction which is
already complete at the time of such conduct.
Warranties, limitations of liability and indemnities
Subject to the
provisions of s43(5) and s43(6) of the ECT Act, if applicable, and to any
applicable provisions of the CPA and to the full extent permitted by law:
We make no
representations and give no warranties, whether expressly or implicitly, as to the
DStv On Demand Facility and specifically, but without limitation, make no
representations and give no warranty -
that the DStv On Demand
Facility will be tailored to meet your personal requirements or expectations; or
that the DStv On Demand
Facility will be uninterrupted or error-free.
We will not be
responsible, and disclaim all liability, for any loss, liability, injury,
expense or damage (whether direct, indirect, incidental, punitive or consequential)
of any nature arising from negligence and which is suffered by any person who
accesses, uses or relies on the DStv On Demand Facility. Without limiting the
generality of this paragraph, we will not be responsible for any loss,
liability or damage of any nature incurred by whomever and resulting directly
or indirectly from:
the inability to
access or difficulty in accessing, the DStv On Demand Facility to the extent
that such delay or failure results from causes beyond our reasonable control;
access to, use of, or
reliance on Content available on the DStv On Demand Facility;
our delay or failure
to fulfill our obligations under these Terms and Conditions to the extent that
such delay or failure results from causes beyond our reasonable control; or
any negligent act or
omission of ours or our consultants, agents or employees.
Should you experience any
difficulties with any aspect of the DStv On Demand Facility, you may contact us
by sending an e‑mail to firstname.lastname@example.org
or in any other manner indicated by us on the Website from time to time.
When you register on the Website,
we will check our systems to confirm whether you have requested not to receive
communications from us regarding our products and/or services. If you do not
wish to receive such communications from us, please send an e-mail to email@example.com or
use the "unsubscribe" options set out in any direct marketing
communications which we send you.
We draw to your attention that you
may be entitled to certain consumer rights in terms of the ECT Act and/or the
CPA and other applicable laws, which are not necessarily set out in these Terms
and Conditions, but with which we will comply if and to the extent applicable.
Copies of the ECT Act and the CPA are available at http://www.info.gov.za/view/DownloadFileAction?id=68060 and http://www.info.gov.za/view/DownloadFileAction?id=99961.
The disclosures which are required
in terms of section 43 of the ECT Act can be found in these Terms and
Conditions, in the Website Terms and Conditions and on the Website http://www.dstv.com/Pages/TermsConditions/.
You may, if and to the extent applicable, cancel an electronic transaction without reason
and without penalty and receive a full refund in terms of s44 of the ECT Act within 7 days after the date of the receipt of products
or, in respect of services, within 7 days after the date of the conclusion of
the agreement ("the cooling off provisions"). If you wish to exercise those
rights, you must –
inform us in writing;
return the products to us as soon
as reasonably practicable, and at your own cost;
take care of the products whilst
they are in your possession.
No provision of these Terms and
Conditions is to be interpreted or construed as-
excluding, limiting or waiving any
rights which you may have, or avoiding any obligation which we may have, in
terms of the ECT Act, the CPA or any other applicable laws, whether in South
Africa or any other country having jurisdiction (unless such laws permit the
parties to agree otherwise); or
limiting or exempting us from
liability as a supplier for any loss directly or indirectly attributable to our
gross negligence or that of any person acting for or controlled by us.
Amendment of Terms and Conditions
We may amend the Terms and
Conditions from time to time.
If we amend the Terms and
Conditions, we will post the amended terms and conditions on the Website.
Subject to paragraph 57, the amended
Terms and Conditions will become effective immediately once they are posted on
the Website, and any subsequent use of the Website will be governed by the
Terms and Conditions effective at the time of such access and use.
Each time you access the Website
you agree to be bound by the version of the Terms and Conditions posted on the
Website at the time. You are advised to regularly check these Terms and
Conditions for any amendments.
If we amend the Terms and
Conditions, the amendment will not affect any transaction already in force
between you and us at the time of the coming into operation of the amendment,
or any rights or obligations which you or we may have in terms of an existing
Termination of these Terms and Conditions
Your failure to comply with these
Terms and Conditions constitutes a material breach of these Terms and
If you become ineligible to access
the DStv On Demand Facility, or breach these Terms and Conditions, we may,
without prejudice to any other remedy we may have, terminate your ability to
access the DStv On Demand Facility and remove all Content downloaded onto your
Equipment using the DStv On Demand Facility. If and to the extent that we are
required by any law, or if we otherwise consider it appropriate, we will notify
you prior to exercising our rights in terms of this paragraph. If not, we may
exercise our rights immediately.
You may cancel your Website
registration in the manner provided on the Website at any time.
These Terms and Conditions, as
amended from time to time, constitute the entire agreement between you and us in
relation to its subject matter and supersede any previous agreements between
you and us.
Any relaxation or indulgence which
we may show you at any time in regard to these Terms and Conditions is without
prejudice to, and does not constitute a waiver of, any rights we may have,
either in terms of these Terms and Conditions or any law.
If any provision in these Terms
and Conditions is found to be wholly or partly unenforceable or invalid, for
any reason, then these Terms and Conditions will be severable in respect of the
provisions in question to the extent of their invalidity or unenforceability,
and the remaining terms and conditions will remain in full force and effect.
Where these Terms and Conditions
prohibit you from any conduct, you are also prohibited from attempting that
conduct, or permitting, promoting, facilitating or condoning any other person
We may cede our rights
in terms of these Terms and Conditions to any person without your prior written
consent. We may transfer/assign our obligations under these Terms and
Conditions to any person without your consent, provided that if such
transfer/assignment is to your detriment, we will obtain your prior consent. You may not cede any of your rights and/or
transfer/assign any of your obligations under these Terms and Conditions to any
person without our prior written consent.
These Terms and Conditions are
subject to and will be interpreted, implemented and enforced in terms of the
laws of South Africa.
You consent to the jurisdiction of
the Magistrate's Court in respect of all proceedings arising out of or with
these Terms and Conditions. We may, in our discretion, institute any
proceedings arising out of or pursuant to these Terms and Conditions in any
Division of the High Court of South Africa having jurisdiction.
We choose the following address
for the service of all notices and processes arising out of these terms and
conditions: 251 Oak Avenue, Randburg, 2125, Gauteng, South Africa.
You choose, as your address for
the service of all notices and processes arising out of these Terms and Conditions
the physical address supplied by you when registering on the Website, as
amended by you from time to time.