DSTV WORLD TERMS AND CONDITIONS - GLOBAL

The DStv World Service


• DStv World provides an on demand streaming service ('DStv World Service') through which users can stream or temporarily download television shows, movies, video or audio clips and other audio-visual materials ('Content') by using an electronic device which is capable of connecting to the Internet, including but not limited to computers, mobile phones, tablets, media players, smart TVs, decoders, set-top boxes, gaming consoles, media adaptors, and other similar devices, which devices comply with the technical requirements to access the Content as set out on the DStv World Website ('Access Device'). You can access and receive the DStv World Service through the dstvworld.com website and any other websites that DStv World may make available for receiving the DStv World Service ('DStv World Website'). In order for users to access and receive the DStv World Service using certain Access Devices, DStv World has developed or made available the DStv World software application ('DStv World App'). The DStv World Service is made available subject to terms and conditions contained herein ('DStv World Terms'). The DStv World Service includes also providing users with personalized recommendations of the Content to be viewed (e.g. information displayed to a user when accessing the DStv World Service).
• DStv World will handle the collection, processing and storage of your personal information in accordance with the privacy policy accessible at the DStv World Website ('Privacy Policy').
• DStv World may, from time to time, change these DStv World Terms. DStv World will notify you of the changes by sending you an email (at your last known or registered email address) or through a pop-up notice when you access the DStv World Service or the DStv World Website or when you sign in to your DStv World account ('DStv World Account').
• DStv World service are supplied by Contech Media Ltd, a company registered in Mauritius with address: Level 3, St Louis House, 17 MGR Gogin Street, Port Louis, Mauritius and Registration number: 165356/AC.

Who may use the DStv World Service and the territorial availability


• The DStv World Service is made available to a user who has entered into an agreement with DStv World to use the DStv World Service on the basis of these DStv World Terms ('Subscriber' or "You").
• The DStv World Service may be used by the Subscriber or by a person that is allowed by a Subscriber to access or use the DStv World Service through the Subscriber's DStv World Account (an 'Authorised User'). The Subscriber must ensure that all Authorised Users that access or use the DStv World Service through the Subscriber's DStv World Account comply with these DStv World Terms as if they were a Subscriber.
• DStv World implements technologies, including geo-blocking technology, that may limit, restrict or block access and/or use by a person of certain Content, product or service depending on the geographical location of that person. Consequently, some or all of the Content available in one country may be unavailable in other countries. The detailed information regarding the availability of the Content in specific territories is available on the DStv World Website.
• Pursuant to the European Regulation 2017/1128 on cross-border portability of online content services ('Portability Regulation'), certain Subscribers from the European Union or other country subject to the Portability Regulation ('Portability Country') will be able to access the DStv World Service when temporarily present in another Portability Country in accordance with the Portability Regulation (for more information in this respect please refer to the FAQ section on the DStv World Website).

Your information and details


• All information you give us must be truthful, accurate and complete and remain so.
• You will need to use your sign in information and password in order to access your DStv World Account and to use the DStv World Service or the DStv World App, or such other user credentials as DStv World may permit from time to time. You are responsible for all use of your DStv World Account and your password and any of your other user credentials. Please take all reasonable and appropriate measures not to share, display in public, your password, or your user credentials, or your payment information.

Access Devices


• You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate Internet access from a suitable service provider and all telecommunication facilities, services, products and other equipment needed to access the Internet to access the DStv World Website, download the DStv World Application (if applicable) and to use the DStv World Service. The quality of your Internet connection may affect the quality of the DStv World Service. The minimum connection speed for standard definition quality for high definition quality are specified in the FAQ section on the DStv World Website.
• If you modify or attempt to modify your Access Device in any way or use software that is designed to modify your Access Device, override, or disable any security features on your Access Device or its operating system, you acknowledge that this may have a negative impact on the performance of the DStv World Service and you do so at your own risk. There are security features included in the DStv World Service and the DStv World Application which are designed to operate with the Access Device according to the manufacturer's specifications.
• You acknowledge and accept the risks that information transmitted through the Internet or any other communication system, including a wireless communication system, is susceptible to unlawful and unauthorised access, interception, distortion and monitoring. It is recommended to take precautions and to use appropriate Internet security programs.
• You are only entitled to use the DStv World Service and stream or temporarily download the Content through the methods permitted by DStv World, which include through the use of the DStv World Website or the use of the DStv World App.
• A Subscriber may register two Access Devices to a DStv World Account. It is not allowed to have more than two concurrent streams of Content to Access Devices registered to a DStv World Account at any time. DStv World may offer different packages as part of the DStv World Service. Each type of package will have its own restrictions on the number of Access Devices and the number of concurrent streams of Content to an Access Device registered to a DStv World Account of a Subscriber to that package. The details of restrictions applicable to each package will be available on the DStv World Website.

Permitted use, what you are not allowed to do


• The DStv World Service, the DStv World Website and the DStv World Application may only be used by you in a lawful manner, in the way as prescribed by DStv World in these DStv World Terms and for your personal and non-commercial purposes.
• You may not (or allow anybody else to) undertake any of the following ('Prohibited Acts'):
• rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, copy, display, distribute, communicate, transmit, publish or broadcast the DStv World Service, the DStv World Website or the Content;
• use the DStv World Service, the DStv World Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the DStv World Terms, or act fraudulently or maliciously;
• perform any act which is illegal, fraudulent or violates or infringes any Intellectual Property Rights (as defined in the DStv World Terms);
• use any means to access, index, frame or link to the DStv World Service (including the Content) in a way that is not authorised by Showmax;
• use any means to remove, disable, bypass, or circumvent any Content protection or access control mechanisms, including those intended to prevent the unauthorised download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the DStv World Service, the DStv World Website or the Content;
• access the DStv World Service (including the Content) through any automated means, including through the use of robots, spiders or offline readers other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the DStv World Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content;
• introduce any viruses, trojan horses, computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Access Device, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ('Destructive Code') into the Content or the technology used by DStv World or any other person, including the DStv World Website or the DStv World Service;
• damage, disable, overburden, impair, or gain unauthorised access to the Content, the DStv World Service, the DStv World Website or the technology used by DStv World or other persons, or the DStv World Accounts of Subscribers or other users;
• remove, modify, obscure or otherwise impair any advertising displayed on, or used in connection with, the DStv World Service (including the Content), the DStv World Website or the DStv World App;
• use the DStv World Service to advertise or promote products or services that are not expressly approved by Showmax;
• interfere with any other person's use and enjoyment of the DStv World Service, the DStv World Website, or the DStv World App;
• attempt to discover or, reverse engineer the object code and other materials forming part of the technology used to provide the DStv World Service, or the Content, or the DStv World Website, or the DStv World App;
• receive or charge money, favours or other consideration for allowing any other person to use or access the DStv World Service, the Content or your DStv World Account; and/or
• collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the DStv World Service, the DStv World Website, or the DStv World App.

Changes and updates


• DStv World may continuously update the DStv World Service, the DStv World Website and the Content. DStv World reserves the right to make changes from time to time in how DStv World offers, provides and operates the DStv World Service, the DStv World Website and the Content.
• DStv World may:
• change, remove and update the Content that is or will be available for streaming or download, or as part of the DStv World Service, from time to time;
• allow temporary downloads of certain parts of the Content that can be made through a DStv World Account at any time subject, however, to limitations with respect to the number of programs and temporary downloads indicated on the DStv World Website from time to time;
• make different Content available to different Subscribers or Authorised Users in different geographical locations; and
• implement measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content.

Age restrictions


• A Subscriber must be 18 years of age or older to register for the DStv World Service. If an Authorised User is younger than 18 years of age, then such Authorised User may only use the DStv World Service under the supervision of the Subscriber or another Authorised User that is 18 years of age or older.
• You must supervise all use of the DStv World Service and the DStv World Application through your DStv World Account, and every person using the Access Devices registered to your DStv World Account. Certain Content may be subject to age restrictions, contain strong language or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. DStv World will attempt to provide appropriate audience guidelines relating to the Content.
• It is your responsibility to manage access and you must take all reasonable steps to prevent the viewing of Content by people below the prescribed or, as the case may be, recommended age indication specified by DStv World or by any applicable regulatory authority. You must ensure that parental guidance recommendations, for example with respect to explicit Content are adhered to.

Subscription period


• A Subscriber's subscription to use the DStv World Service will commence when the Subscriber registers to use the DStv World Service and selects a method of payment accepted by DStv World and DStv World accepts the registration. Unless specific terms of the DStv World Service communicated to the Subscriber on the DStv World Website state otherwise, the agreement so entered into will continue thereafter on a month-to-month basis until it is ended by the Subscriber or DStv World in one of the ways set out in these DStv World Terms.
• A Subscriber has the right to withdraw from the agreement for the subscription to use the DStv World Service within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the first completion of the actions referred to in clause 8.1. To exercise the right of withdrawal, the Subscriber must inform DStv World of the decision to withdraw from the agreement by an unequivocal statement. In doing so, the Subscriber may use the model withdrawal form included as Attachment 1. To meet the withdrawal deadline, it is sufficient for Subscriber to send the communication concerning exercise of the right of withdrawal before the withdrawal period has expired.
• In the event of withdrawal, DStv World shall refund all payments received from the Subscriber without undue delay and in any event not later than fourteen days from the day on which DStv World is informed of the Subscriber's decision to withdraw from the agreement.
• DStv World may allow the Subscriber to end the subscription to use the DStv World Service within a period of fourteen days after the Subscriber registers and selects a method of payment accepted by DStv World and DStv World will not charge the Subscriber for use of the DStv World Service during this time ('Free Trial'). If DStv World gives a Subscriber a Free Trial and the Subscriber does not cancel the subscription before the end of the Free Trial period, the Subscriber will be required to pay the Monthly Fee and the subscription will continue on a month-to-month basis until terminated in accordance with these DStv World Terms.
• If a Subscriber registers to use the DStv World Service but has not selected a method of payment, a DStv World Account is created and will remain accessible for a period set out in the Privacy Policy and during this time Subscriber may subscribe, in particular by indicating a method of payment.

Payment


• A Subscriber must pay the monthly subscription fee, inclusive of all taxes that DStv World are required to charge on this fee, as is shown on your DStv World Account (the 'Monthly Fee'). The Monthly Fee excludes any Internet, data, service provider or Access Device costs, which shall be for the Subscriber's own account.
• Unless otherwise communicated to the Subscriber in relation to a specific DStv World Service or payment method, the Monthly Fee must be paid by the Subscriber each month in advance and for every month in which the Subscriber remains subscribed to use the DStv World Service. For this purpose, the monthly periods shall be calculated from the first day of payable subscription (e.g. the day following end of the Free Trial period) until the corresponding date in the following month and if there is no such date, the last day of the following month ('Monthly Billing Date').
• DStv World may increase the Monthly Fees from time to time. DStv World will give the Subscriber at least thirty days prior written notice of any increases to the Monthly Fee in accordance with clause 1.4. Where the Subscriber does not agree to the adjusted Monthly Fee, the Subscriber may terminate the agreement.

Suspension of the DStv World Service


• DStv World may suspend temporarily part or all of the DStv World Service, the operation of the DStv World Website or your DStv World Account, in any one or more of these circumstances:
• DStv World needs to perform maintenance on, or updates to, the DStv World Website or the DStv World App, or any of the technology that DStv World uses to provide the DStv World Service;
• DStv World becomes aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the DStv World Website, the DStv World Service, the DStv World App, the Content or your DStv World Account; or if circumstances set out in clause 11.4 occur.
• Without limiting the other rights and remedies in the agreement or in law, if DStv World exercises its suspension rights, DStv World will restore access to and use of the DStv World Service as soon as reasonably practical after DStv World becomes satisfied that the cause of suspension has been removed, avoided or completely mitigated. If appropriate, DStv World may compensate the Subscriber for inconvenience caused by the suspension by extending the contract term without additional charge.

Termination


• You may end this agreement and cancel your subscription to the DStv World Service at any time without reason, for example through your DStv World Account. The termination will take effect on the next Monthly Billing Date.
• DStv World reserves the right to terminate the operation or availability of the DStv World App, your right to use the DStv World Application and/or the licence agreement relating to the DStv World Application if there are important reasons to do so such as discontinuation of the service or of the support of the DStv World Application by a certain device. In such event, DStv World will give you reasonable and sufficient prior notice, unless the termination is required by law or there is another urgent reason for termination without prior notice. You agree that upon termination, DStv World may remotely access the Access Devices and remove and delete the DStv World Application and all copies as well as any Content that may be downloaded on the Access Devices.
• The above clause 11.2 prevails over clause 6.2 of the DStv World Application end user licence agreement.
• DStv World may end this agreement and the licence to use the DStv World Application immediately at any time in one or more of the following circumstances:
• where you breach a provision of these DStv World Terms or any other applicable terms, and fail to remedy the breach after DStv World have given you reasonable and sufficient notice (or such shorter period where this is reasonable);
• where DStv World has reasonable grounds to believe you are committing or have committed a Prohibited Act;
• if you attempt to access restricted Content from restricted geographical locations;
• where DStv World must do so to comply with the law. 11.5 When a Subscriber unsubscribes from the DStv World Service, the DStv World Account will remain accessible for a period set out in the Privacy Policy and during this time, the Subscriber may renew his/her subscription.

Intellectual property


• You acknowledge that the Content made available to you through the DStv World Service is owned by, or licensed to, DStv World and is protected by laws, including intellectual property law. All Intellectual Property Rights (as defined below), including all rights in and to the DStv World Service, DStv World Website, the DStv World Application and Content, of whatsoever nature existing now and in the future, remain the property of DStv World and that of its licensors.
• You will not use the DStv World Service, the DStv World Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of the rights of DStv World (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of licensors or any third party. In these DStv World Terms, 'Intellectual Property Rights' include all intellectual property rights, including (without limitation) copyright, patents, designs, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names and all other intellectual property rights.
• You will not, at any time, acquire any rights, including any Intellectual Property Rights, in or to the DStv World Service, the DStv World Website or the Content other than the limited, non-exclusive, non-transferable and revocable license to use the DStv World Service and the DStv World Application for non-commercial use only in accordance with these DStv World Terms. You may not reproduce, modify, copy, perform, transmit or commercially exploit the DStv World Service, the DStv World Application or the Content in any manner whatsoever and no Content delivered to an Access Device may be redistributed or copied from that Access Device.
• DStv World does not accept unsolicited submissions of materials or ideas, including without limitation submissions of concepts, proposal suggestions, storylines, scripts or fan fiction. DStv World has an established internal procedure for removing any materials or ideas that were not expressly requested by DStv World or submitted through the appropriate channels. This procedure aims to avoid the possibility of misunderstanding when any project developed by DStv World might seem to be similar to such submitted materials or ideas.

Liability


• The DStv World Service, the DStv World Website and Content are provided on an 'as is' basis and without any warranty or other obligationto the extent permitted by law. DStv World is not obliged to ensure that the DStv World Service, DStv World Website, the DStv World Application or Content will meet your expectations, be available and accessible at all times, be uninterrupted, error free, secure, or free from Destructive Code.

OFAC Compliance


• The Office of Foreign Assets Control (OFAC) of the U.S. Department of Treasury administers and oversees a series of laws that impose economic sanctions against hostile entities to further U.S. foreign policy and national security objectives. OFAC is responsible for promulgating, developing and administering the sanctions for the Treasury under all federal statutes. The OFAC laws and regulations promote national and international security by requiring asset freezing of: Oppressive governments, International terrorists, Narcotics traffickers or other specially designated nationals (SDNs) and blocked persons.
• DStv World adheres to the OFAC regulations.

Third parties


• The DStv World Application and the DStv World Website may include access to products and services provided by third parties. Such products and/or services may be provided directly or via links to the third parties. You acknowledge that the agreement for the provision of such third party product or service is between you and the relevant third party and DStv World shall not be party to such agreement.
• The DStv World Website, the DStv World Application or the DStv World Service may provide hyperlinks to websites which are not owned and/or controlled by DStv World ('Third Party Websites'). DStv World does not editorially control the information or content on Third Party Websites and neither DStv World, nor any affiliate, will be responsible for your use of such Third Party Websites. You will need to make your own independent judgment regarding your interaction with any Third Party Websites, including the purchase and use of any products or services accessible through them.
• You may not make any reference to DStv World, the DStv World Service, the DStv World Website or the Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by DStv World in relation to you or a third party.

Miscellaneous provisions


• The Subscribers agrees that DStv World may, at any time, transfer any or all of its rights and obligations under the agreement if DStv World transfers all or part of its enterprise to a third party. The Subscribers will be notified about such a transfer after it is completed.
• The agreement between the Subscriber and DStv World shall be governed by the laws of the Netherlands. This choice of law does not affect the protection awarded to Subscriber pursuant to mandatory provisions of the law that would apply in the absence of this clause.

This version of the DStv World Terms applies from 25 May 2018

Address


• Contech Media Ltd, Level 3, Louise House, 17 MGR Gonin, Port Louis, Mauritius

© Copyright 2019