DStv App and BoxOffice Online
TERMS AND CONDITIONS
These DStv App and BoxOffice Online service terms and conditions apply to the use of the DStv
App and BoxOffice Online service. Please read these terms and conditions carefully.
1. The DStv App and BoxOffice Online Service and your agreement to these
DStv App and BoxOffice Online Terms
1. The DStv App and BoxOffice Online Service ("DStv App and BoxOffice Online Service"
or "we" or "us" or "our") provides an on demand App service (the "DStv App and
BoxOffice Online 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 personal computers, mobile phones, tablets, media players, smart TVs, set
top boxes, gaming consoles and other similar devices ("Access Device").
2. The DStv App and BoxOffice Online Service is made available by DStv App and
BoxOffice Online on the terms and conditions contained on the website
https://www.dstv.co.za/terms-and-conditions (these " DStv App and BoxOffice Online
Terms"). Please note that the following are hereby incorporated into and form part of
these DStv App and BoxOffice Online Terms:
1. our privacy notice, accessible at https://www.dstv.co.za/privacy-notice
("Privacy Notice");
2. the general terms of use for the DStv App and BoxOffice Online website which
is accessible at https://www.dstv.co.za and such other URLs as DStv App and
BoxOffice Online may use to provide the DStv App and BoxOffice Online
Service (the "DStv App and BoxOffice Online Website"), available at
https://www.dstv.co.za/website-terms ("Website Terms of Use"); and
3. the DStv App and BoxOffice Online Application End User Licence Agreement
("Licence Agreement"), accessible at https://www.dstv.co.za/legal/licence-
agreement.
3. By agreeing to these DStv App and BoxOffice Online Terms, you also agree to be
bound by the provisions of the privacy notice, Website Terms of Use and Licence
Agreement, as if they have been included in these DStv App and BoxOffice Online
Terms in full.
4. You are not entitled to make any use of the DStv App and BoxOffice Online Service
or the Content if you do not agree to these DStv App and BoxOffice Online Terms. If
you make any use of the DStv App and BoxOffice Online Service or the Content, this
will mean that you agree to these DStv App and BoxOffice Online Terms. If you do not
agree to these DStv App and BoxOffice Online Terms, you must immediately stop
using the DStv App and BoxOffice Online Service and the Content.
2. Changes to the DStv App and BoxOffice Online Terms
1. We may, at any time, change these DStv App and BoxOffice Online Terms.
2. If you are a Subscriber, we will notify you of the changes. We will do this by sending
you an email, sms or through a pop-up notice when you access the DStv App and
BoxOffice Online Service or the DStv App and BoxOffice Online Website, or through
a pop-up notice when you log into the account which we create for you after your
register in order to use the DStv App and BoxOffice Online Service ("DStv App and
BoxOffice Online Account"), or through the software application developed or made
available by us for users to access and receive the DStv App and BoxOffice Online
Service ("DStv App and BoxOffice Online App"). A "Subscriber" is a person who has
registered to use the DStv App and BoxOffice Online Service through the registration
process that DStv App and BoxOffice Online prescribes and your registration has been
accepted by DStv App and BoxOffice Online.
3. If you are not a Subscriber, all changes to these DStv App and BoxOffice Online Terms
will take effect from the time that we place them on the DStv App and BoxOffice Online
Website. You are responsible for reviewing and checking these DStv App and
BoxOffice Online Terms (including any changes to the DStv App and BoxOffice Online
Terms which we may make) whenever you wish to use the DStv App and BoxOffice
Online Service or the Content.
4. If you do not agree with any changes to these DStv App and BoxOffice Online Terms,
you must end your use of the DStv App and BoxOffice Online Service in the way set
out in clause 14 below.
3. Who may use the DStv App and BoxOffice Online Service?
1. You may only use the DStv App and BoxOffice Online Service if you comply with these
DStv App and BoxOffice Online Terms and:
1. you are a Subscriber; or
2. you are allowed by a Subscriber to access or use the DStv App and BoxOffice
Online Service through the Subscriber's DStv App and BoxOffice Online
Account (an "Authorised User"). If you are an Authorised User, your rights to
use the DStv App and BoxOffice Online Service will end when the Subscriber's
rights to use the DStv App and BoxOffice Online Service end or the Subscriber
stops allowing you to access or use the DStv App and BoxOffice Online Service
through the Subscriber's DStv App and BoxOffice Online Account.
2. The Subscriber must ensure that all Authorised Users that access or use the DStv App
and BoxOffice Online Service through the Subscriber's DStv App and BoxOffice Online
Account, are aware of these DStv App and BoxOffice Online Terms, agree to these
DStv App and BoxOffice Online Terms, and comply with these DStv App and
BoxOffice Online Terms.
3. All acts and omissions of Authorised Users shall be treated as, and also be deemed
to be (i) the acts and omissions of the Subscriber whose DStv App and BoxOffice
Online Account they use to access or use the DStv App and BoxOffice Online Service;
and (ii) the acts and omissions of the other Authorised Users of that DStv App and
BoxOffice Online Account. All acts and omissions of a Subscriber shall be treated as,
and also be deemed to be, the acts and omissions of the Authorised Users that access
or use the DStv App and BoxOffice Online Service through the Subscriber's DStv App
and BoxOffice Online Account. An act or omission includes any breach of these DStv
App and BoxOffice Online Terms.
4. You must be 18 years of age or older to register for the DStv App and BoxOffice Online
Service and you must not attempt to register for the DStv App and BoxOffice Online
Service if you are not 18 years of age or older.
5. If the Authorised User is younger than 18 years of age, than the Authorised User must
have the permission of her / his parent or legal guardian to use the DStv App and
BoxOffice Online Service and to agree to these DStv App and BoxOffice Online Terms
and must only use the DStv App and BoxOffice Online Service under the supervision
of the Subscriber or another Authorised User that is 18 years of age or older.
6. We reserve the right to refuse to let you register or use the DStv App and BoxOffice
Online Service at our sole discretion. We may do this even if you complete the
registration process and agree to these DStv App and BoxOffice Online Terms.
7. We are in no way obliged to give reasons if we do not let you register or use the DStv
App and BoxOffice Online Service.
4. Your information and details
1. All information supplied to us must be truthful, accurate and complete. This also
includes the information that we request you to provide in the registration process and
at any time after that.
2. You must notify us if the information you supplied to us changes or if details we have
for you change, or if they are incorrect or incomplete. If you do not update us, we will
continue to use and rely on the most recent details which you have provided to us.
3. A Subscriber will be able to edit the Subscriber's own details by logging into the
Subscriber's DStv App and BoxOffice Online Account through the DStv App and
BoxOffice Online Service or by updating the Subscriber's details by contacting our
support agents via email at [email protected]m. We will send the Subscriber an email or
a sms confirming any updates or changes which the Subscriber makes to the
Subscriber's details.
4. Please also read the Privacy Notice for more information on how we use your
information and your rights and responsibilities.
5. Keep your DStv App and BoxOffice Online Account, Payment
Details, password and user credentials secure and secret
If you are a Subscriber:
1. After you complete the registration process, we will create your DStv App and
BoxOffice Online Account. You will need to use your email address, cell phone number
and password in order to access your DStv App and BoxOffice Online Account and to
use the DStv App and BoxOffice Online Service, or such other user credentials as we
may permit from time to time (for example, the log-in details for social media accounts
that we may accept from time to time).
2. You are responsible for all use of your DStv App and BoxOffice Online Account and
your password and any of your other user credentials (for example, the log-in details
for social media accounts that you use to access the DStv App and BoxOffice Online
Service).
3. Whenever a person uses the DStv App and BoxOffice Online Service, or performs any
other act, with your password or through your DStv App and BoxOffice Online Account
or through the use of your user credentials, we will treat this as if it was done by
yourself and with your approval.
4. You must take all reasonable and appropriate measures not to share, display in public,
or make your password, or your user credentials, or your payment details or payment
information (for example, details of your bank account or credit card or other payment
method) available to any person who is not authorised to have them. You accept that
we cannot protect you if you do not do this.
5. You must notify us immediately by sending us an email at help@dstv.com if you
suspect that another person has obtained unauthorised access to your DStv App and
BoxOffice Online Account, or password, or your user credentials, or your payment
information or payment details. You must also notify us immediately by sending us an
email at [email protected]om if you are aware of any unauthorised use of your DStv App
and BoxOffice Online Account, or password or your user credentials, or your payment
information or payment details. You will be responsible for changing your privacy
settings on your DStv App and BoxOffice Online Account, your password, your user
credentials, and your and payment details as soon as you become aware of any
unauthorised access or use.
6. We will not be responsible for any loss or damage you may suffer if any other person
uses your password, or your user credentials, or your payment information or payment
details without your approval or consent.
6. Access Devices and other equipment and facilities
1. You are only entitled to make lawful use of the DStv App and BoxOffice Online Service
and stream or download the Content through the methods permitted and intended by
us, which may include through the use of the DStv App and BoxOffice Online Website,
or through the use of the DStv App and BoxOffice Online App on a registered Access
Device.
2. A DStv App and BoxOffice Online Standard Subscriber may register up to 5 Access
Devices to a DStv App and BoxOffice Online Account at a time. A DStv App and
BoxOffice Online Mobile Subscriber may register 1 Access Device to a DStv App and
BoxOffice Online Account at a time. We may change this limitation from time to time.
A Subscriber will be able to remove Access Devices from a DStv App and BoxOffice
Online Account, which you no longer use or in order to register other Access Devices.
We may place a limitation on the number of times that you can register or remove a
particular Access Device on your DStv App and BoxOffice Online Account during a
calendar year. We may change this limitation from time to time.
3. DStv App and BoxOffice Online may offer different subscription plans as part of the
DStv App and BoxOffice Online Service. Each type of subscription plan will have
restrictions on the number of concurrent streams of Content to an Access Device
registered to a DStv App and BoxOffice Online Account of a Subscriber to that
subscription plan. These restrictions are determined by DStv App and BoxOffice
Online and details can be obtained from DStv App and BoxOffice Online prior to
subscribing to a subscription plan. The number of concurrent streams of Content that
are allowed to an Access Device registered to your DStv App and BoxOffice Online
Account at any time, will depend on the particular type of subscription plan that you
subscribe to. You must not exceed the number of concurrent streams of Content to an
Access Device registered to your DStv App and BoxOffice Online Account that apply
to the particular subscription you have subscribed to.
DStv App and BoxOffice Online subscription plans are as follows (hereinafter called
as “DStv App and BoxOffice Online Subscription Plans”):
The standard DStv App and BoxOffice Online subscription plan properties are as
follows: general entertainment only content offering; available on various devices;
offers two simultaneous viewing streams; enabled for 5 registered devices; HD quality
stream.
DStv App and BoxOffice Online Pro subscription plan properties are as follows:
selected sports, news & entertainment content offering; available on various devices;
offers two simultaneous viewing streams; enabled for 5 registered devices; HD quality
stream.
DStv App and BoxOffice Online Mobile subscription plan properties are as follows:
general entertainment only content offering; available only on smartphones and
tablets; offers only one viewing stream; enabled for one registered device; SD quality
stream.
DStv App and BoxOffice Online Pro Mobile subscription plan properties are as follows:
selected sports, news & entertainment content offering; available only on smartphones
and tablets; offers only one viewing stream; enabled for one registered device; SD
quality stream.
4. In order to access and use the DStv App and BoxOffice Online Service, your Access
Devices must meet the minimum technical specifications as set out on the DStv App
and BoxOffice Online Website at https://www.dstv.co.za/terms-and-conditions. We
will in no way be responsible for your inability to access the DStv App and BoxOffice
Online Service and Content due to limitations specific to your Access Devices.
5. You, at your own cost, are responsible for obtaining and maintaining the Access
Devices, adequate and reliable internet access, and all information technology and
telecommunication facilities, equipment, services, products, software, systems,
materials, applications, platforms, and the like, ("Technology") needed to access the
internet or to use the DStv App and BoxOffice Online Service.
6. If an Access Device does not belong to you, you confirm and promise that you have
obtained permission from the owner of the Access Device to download or stream the
Content onto the relevant Access Device and to use the Access Device to receive and
access the DStv App and BoxOffice Online Service.
7. We are not responsible for any internet access charges, service provider charges and
data usage charges. These charges must be paid by you or the owner of the Access
Device.
8. The quality of the DStv App and BoxOffice Online Service and the Content, and your
ability to use the DStv App and BoxOffice Online Service and to stream or download
the Content, including the time it takes to stream or download Content and associated
costs, may be affected by various factors, such as your location, the bandwidth
available, your Access Devices and their functionality or capabilities, the speed of your
internet connection, the services provided by your service providers, and the
communications facilities being used by you.
9. We make no warranties or representations about the quality of your viewing
experience, or the time it takes to stream or download Content, or the bandwidth or
other data that will be required to stream or download Content or to use the DStv App
and BoxOffice Online Service.
10. If you are a subscriber of any above mentioned DStv App and BoxOffice Online
Subscription Plan and its Content, and your ability to use the respective DStv App and
BoxOffice Online Subscription Plan and to stream the Content, including the time it
takes to stream the Content and associated costs, may be affected by various factors
including the services provided by DStv App and BoxOffice Online. We are not
responsible for potential Content quality shortcomings or Content unavailability with
respect to DStv App and BoxOffice Online Subscription Plan.
7. Permitted use and what you are not allowed to do
1. The DStv App and BoxOffice Online Service may only be used by you in a lawful
manner in the way that we specifically intended and for your personal and non-
commercial purposes (the "Permitted Use").
2. You must not, directly or indirectly, do any of the following things or allow anybody else
to do so:
1. perform any action that violates any of these DStv App and BoxOffice Online
Terms or any guidelines or policies posted by us;
2. display, distribute, communicate, transmit, publish or broadcast the DStv App
and BoxOffice Online Service or the Content to the public;
3. perform any action which is illegal, fraudulent or violates or infringes any
Intellectual Property Rights listed in clause 15 below;
4. use any, and all Technology or other means to access, index, frame or link to
the DStv App and BoxOffice Online Service (including the Content) in a way
that is not expressly authorised by us;
5. use Technology or other means to remove, disable, bypass, or circumvent any
Content protection or access control mechanisms, including those intended to
prevent the unauthorised download, App, capture, linking, framing,
reproduction, access to, use or distribution of the Content or the DStv App and
BoxOffice Online Service;
6. use Technology or other means to remove, disable, bypass, or circumvent any
protection mechanisms or other Technology or identifying information
contained on an Access Device;
7. use any Access Devices which have been "jailbroken" or "rooted";
8. access the DStv App and BoxOffice Online 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 App and BoxOffice Online Service or the Content and
excluding those search engines or indices that host, promote, or link primarily
to infringing or unauthorised content);
9. 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,
Technology, 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 App and BoxOffice
Online or any other person, including in the DStv App and BoxOffice Online
Website, the DStv App and BoxOffice Online App or the DStv App and
BoxOffice Online Service;
10. damage, disable, overburden, impair, or gain unauthorised access to the
Content, the DStv App and BoxOffice Online Service, the DStv App and
BoxOffice Online Website, Technology used by DStv App and BoxOffice
Online or other persons, or the DStv App and BoxOffice Online Accounts of
Subscribers or other users;
11. remove, modify, disable, block, obscure or otherwise impair any advertising
displayed on, or used in connection with, the DStv App and BoxOffice Online
Service (including the Content), the DStv App and BoxOffice Online Website,
or the DStv App and BoxOffice Online App;
12. use the DStv App and BoxOffice Online Service to advertise or promote
products or services that are not expressly approved in advance in writing by
us;
13. collect or process information in violation of our Privacy Notice;
14. encourage conduct that would constitute a criminal offense or give rise to civil
liability;
15. interfere with any other person's lawful and authorised use and enjoyment of
the DStv App and BoxOffice Online Service, the DStv App and BoxOffice
Online Website, or the DStv App and BoxOffice Online App;
16. attempt to discover or reverse engineer the source code and other materials
forming part of the Technology used to provide the DStv App and BoxOffice
Online Service, or the Content, or the DStv App and BoxOffice Online Website,
or the DStv App and BoxOffice Online App; and
17. receive or charge money, favours or other consideration for allowing any other
person to use or access the DStv App and BoxOffice Online Service, the
Content or your DStv App and BoxOffice Online Account (all of the above are
called "Prohibited Acts").
3. These DStv App and BoxOffice Online Terms and any restrictions on the use of the
DStv App and BoxOffice Online Service will also apply to any part of the DStv App and
BoxOffice Online Website and Content which is cached when using the DStv App and
BoxOffice Online Service or the DStv App and BoxOffice Online Website.
4. We may use Technology and other means to monitor that you are complying with
these DStv App and BoxOffice Online Terms.
8. Content restrictions, changes to Content and the DStv App
and BoxOffice Online Service
1. It is your responsibility to satisfy your watching preferences, make sure prior to
accessing the Content, that the Content meets your individual requirements.
2. Unless otherwise expressly stated in these DStv App and BoxOffice Online Terms, the
Content is not intended to, and does not, constitute advice or a recommendation of
any nature at all in respect of, but not limited to, any entity, institution, investment,
service or product.
3. We may continuously update the DStv App and BoxOffice Online Service, including
the Content. We reserve the right to make changes from time to time in how we offer,
provide and operate the DStv App and BoxOffice Online Service and Content.
4. We may, at our sole discretion:
1. select and determine the Content that will be available for App or download, or
as part of the DStv App and BoxOffice Online Service;
2. change, remove and update the Content that will be available for App or
download, or as part of the DStv App and BoxOffice Online Service, from time
to time;
3. restrict access to Content to particular Subscribers or Authorised Users or
choose whether to make available certain Content to any particular Subscriber
or Authorised User at any particular time;
4. limit the number of programmes or temporary downloads of any part of the
Content that can be made by you or through a DStv App and BoxOffice Online
Account at any time;
5. limit the number of temporary downloads of a particular programme or part of
the Content you may make or initiate, or which may be made or initiated
through a DStv App and BoxOffice Online Account;
6. limit the amount of times you can attempt to download a particular programme
or part of the Content, where the downloading of the programme or part of the
Content fails to complete because of poor internet connection or other
technical problem;
7. make different Content available to different Subscribers or Authorised Users
in different geographical locations;
8. implement Technologies and measures and take steps to remove and delete
Content and downloads of Content from any Access Devices and render such
Content and downloads unviewable; and
9. implement Technologies and measures to encrypt and decrypt the Content and
to protect the Content from unauthorised use and to control access to the
Content.
5. The Content that may be available to view will vary across geographic locations and
we reserve the right to limit certain Content to certain geographic locations.
6. You must not attempt to access restricted Content.
7. We reserve the right to implement Technologies, including geo-blocking technology.
This includes any Technology that is able to limit, restrict or block any access and/or
use by a person of any Content, product or service based on the geographical location
of that person, and other measures in order to verify your geographic location and
monitor that you are not accessing restricted Content from restricted geographic
locations.
9. DStv App and BoxOffice Online Kids Program, Parental
Control and supervision of users
1. The DStv App and BoxOffice Online Kids Program is the part of DStv App and BoxOffice
Online Service dedicated to Content for children aged between 2-17 years.
2. The Subscriber can create a Kids sub-profile and set parental controls mechanism as
outlined in Art. 9.4. By creating any Kids sub-profile the Subscriber confirms that he/she
is the parent or a legal guardian of a child under the age of 16, that is intended to be the
user of the Kids sub-profile. Creation of The Kids sub-profile is subject to consent of the
parent or a legal guardian.
3. It is your responsibility to manage access to Your DStv App and BoxOffice Online Account.
You must take all reasonable steps to prevent the viewing of Content by people below the
prescribed age restriction specified by us or by any applicable regulatory authority. You
must also ensure that parental guidance restrictions and requirements are adhered to.
You may limit the age restriction level of Content viewable by other users with our parental
control feature.
4. Parental control features available within the DStv App and BoxOffice Online Kids Mode
contains measures as follows:
1. Parents can set up age-based sub profiles for children of the following ages 2-4,
5-6, 7-9, 10-12 and 13-17. Only age appropriate Content will be visible to users
within the age ranges of the profiles plus Content that belongs to a lower age
classification.
2. In addition:
- when a platform wide parental PIN code is set up at any of the following
values: 7+, 13+ and 16+ all Content that is rated at or above the parental
PIN code is restricted for the first playback or download unless the PIN
code is entered,
- In the preceding 5 minutes, after the PIN has been input, the PIN shall not
be required again, and any content is freely accessible. It remains the
responsibility of the Subscriber to ensure that no minors watch Content that
is unsuitable (even in the event a Parental PIN code has been set).
- When switching between your sub profiles or after signing out, playback
and downloads shall require the PIN code once more.
3. All changes relating to Profile editing/creation and PIN editing/creation are
emailed/messaged to the Subscriber.
4. In certain cases a PIN code protection can be removed without the manual entry
of the account associated password. Such a case may occur if the Platform is not
being used in a way it is designed for a user of a Kids subprofile of the respective
age. DStv App and BoxOffice Online shall not be liable for any such act by
Subscriber or an Authorised User.
5. You must supervise all use of the DStv App and BoxOffice Online Service through your
DStv App and BoxOffice Online Account, and every person using the Access Devices
registered to your DStv App and BoxOffice Online Account. You must also ensure that all
persons that use the DStv App and BoxOffice Online Service through your DStv App and
BoxOffice Online Account, and every person using the Access Devices registered to your
DStv App and BoxOffice Online Account, complies with these DStv App and BoxOffice
Online Terms and does not engage in any Prohibited Acts.
6. Certain Content may be subject to age restrictions, contain strong language, contain
explicit visuals or other material which may offend sensitive viewers or be inappropriate
for younger viewers or certain categories of viewers. We will attempt to provide
appropriate audience guidelines relating to the Content. It is, however, your responsibility
to heed those warnings and to act responsibly.
10. Subscription period
1. A DStv App and BoxOffice Online Service Subscription will commence when the
Subscriber registers to use the DStv App and BoxOffice Online Service, set at least
one payment instrument (e.g. credit card, voucher or agreement with
telecommunications operator) and we accept the registration. The subscription and
this agreement will continue thereafter on a month-to-month basis until it is ended by
the Subscriber or us in one of the ways set out in these DStv App and BoxOffice Online
Terms.
2. Free trial terms and conditions
1. We may sometimes allow the Subscriber to end the subscription to use the
DStv App and BoxOffice Online Service within a period of 14 days after the
Subscriber registers (or such other period we may specify upon registration)
and we will not charge the Subscriber for use of the DStv App and BoxOffice
Online Service during this time ("Free Trial"). If we give 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 we or the
Subscriber end this agreement in the way set out in clause 14 (see clause 11
for more information on the Monthly Fee).
2. Free Trials are strictly reserved for first-time Subscribers. You will not qualify
for a Free Trial if your payment details have been used to pay for a subscription
on another DStv App and BoxOffice Online Account or if you have registered
before.
3. We reserve the right, at our sole discretion, to determine whether you are
entitled to a Free Trial.
4. If the Subscriber cancels the subscription before the end of the Free Trial, you
will continue to have access to the DStv App and BoxOffice Online Service for
the remainder of the Free Trial period.
5. We reserve the right, at our discretion, to determine DStv App and BoxOffice
Online Service subscription plans that are subject to Free Trial.
11. Payment and Billing
1. Monthly subscription fees
1. A Subscriber must pay the monthly subscription fee that we set from time to time and
all taxes that we are required to charge on this fee (the "Monthly Fee").
2. The Monthly Fee excludes any internet, data, service provider or Access Device costs,
which shall be for your own account.
3. The Monthly Fee must be paid by the Subscriber each month in advance and for every
month in which the Subscriber remains registered to use the DStv App and BoxOffice
Online Service (each such month is referred to as a "Subscription Period"). For this
purpose, the monthly periods shall be calculated from the date on which the Subscriber
registers for the DStv App and BoxOffice Online Service until the corresponding date
in the following month (eg. if you registered on 15 March, the first monthly period will
continue until 15 April, and the next monthly period will continue until 15 May and so
forth). However, if the Subscriber was given the Free Trial, the monthly period will be
calculated from the day after the Free Trial expires and continue until the
corresponding day in the following month (notwithstanding that your subscription
started at the beginning of the Free Trial period).
4. We will bill the Subscriber on or within a reasonable period after the monthly calendar
day corresponding to the day that the Subscriber registered to access the DStv App
and BoxOffice Online Service ("Monthly Billing Date") (eg. if the Subscriber registered
on 15 March, the Subscriber's first Monthly Fee will be billed on or after 15 March, and
each subsequent Monthly Fee will be billed on the 15th day of each month thereafter).
However, if the Subscriber was given the Free Trial, the Monthly Billing Date will be
calculated from the day after the Free Trial expires (eg. if the Free Trial ended on 15
March, the first Monthly Billing Date will be 16 March and the 16th day of each month
after that).
5. The Subscriber must pay the Monthly Fee on each Monthly Billing Date.
6. If you are a subscriber of the standard DStv App and BoxOffice Online plan, DStv App
and BoxOffice Online Pro or DStv App and BoxOffice Online Pro Mobile plan and you
want to switch to DStv App and BoxOffice Online Mobile, you are entitled to proceed
to switch to the DStv App and BoxOffice Online Mobile plan on a date following the
last day of the current prepaid subscription of your standard DStv App and BoxOffice
Online plan.
7. If you are a subscriber of the DStv App and BoxOffice Online Pro or DStv App and
BoxOffice Online Pro Mobile plan and you want to switch to the standard DStv App
and BoxOffice Online plan, you are entitled to proceed to switch to the standard DStv
App and BoxOffice Online plan on a date following the last day of the current prepaid
subscription of your DStv App and BoxOffice Online Pro or DStv App and BoxOffice
Online Pro Mobile plan.
8. If you are a subscriber of the DStv App and BoxOffice Online Pro plan and you want to
switch to DStv App and BoxOffice Online Pro Mobile, you are entitled to proceed to
switch to the DStv App and BoxOffice Online Pro Mobile plan on a date following the
last day of the current prepaid subscription of your DStv App and BoxOffice Online Pro
plan.
9. If you are a subscriber of the DStv App and BoxOffice Online Mobile plan and you want
to switch to the standard DStv App and BoxOffice Online plan, DStv App and BoxOffice
Online Pro or DStv App and BoxOffice Online Pro Mobile, you are entitled to proceed
to switch to the respective DStv App and BoxOffice Online plan immediately. If you
prepaid for your DStv App and BoxOffice Online Mobile plan, we evaluate the
remaining number of prepaid days to DStv App and BoxOffice Online credits. DStv
App and BoxOffice Online credits will remain active on your DStv App and BoxOffice
Online Account, in case you decide to use DStv App and BoxOffice Online Mobile plan
again we will automatically grant you access to the DStv App and BoxOffice Online
Mobile plan for the number of days corresponding to the number of remaining DStv
App and BoxOffice Online credits.
10. If you are a subscriber of the standard DStv App and BoxOffice Online plan and you
want to switch to the DStv App and BoxOffice Online Pro or DStv App and BoxOffice
Online Pro Mobile plan, you are entitled to proceed to switch to the respective DStv
App and BoxOffice Online plan immediately. If you prepaid for your standard DStv App
and BoxOffice Online plan, we evaluate the remaining number of prepaid days to DStv
App and BoxOffice Online credits. DStv App and BoxOffice Online credits will remain
active on your DStv App and BoxOffice Online Account, in case you decide to use the
standard DStv App and BoxOffice Online plan again we will automatically grant you
access to the standard DStv App and BoxOffice Online plan for the number of days
corresponding to the number of remaining DStv App and BoxOffice Online credits.
11. If you are a subscriber of the DStv App and BoxOffice Online Pro Mobile plan and you
want to switch to the DStv App and BoxOffice Online Pro plan, you are entitled to
proceed to switch to the DStv App and BoxOffice Online Pro plan immediately. If you
prepaid for your DStv App and BoxOffice Online Pro Mobile plan, we evaluate the
remaining number of prepaid days to DStv App and BoxOffice Online credits. DStv
App and BoxOffice Online credits will remain active on your DStv App and BoxOffice
Online Account, in case you decide to use the DStv App and BoxOffice Online Pro
Mobile plan again we will automatically grant you access to the DStv App and
BoxOffice Online Pro Mobile plan for the number of days corresponding to the number
of remaining DStv App and BoxOffice Online credits.
12. DStv App and BoxOffice Online may confirm your credit card`s online payment
enablement via processing a once-off, immediately refunded charge of one unit in your
local currency.
2. Changes to Monthly Fee
1. We may increase the Monthly Fees at least once every calendar year by an amount
which is not more than 10%. We can increase the fees by more than this amount, but
then clause 11.2.3 will apply.
2. We will give the Subscriber at least 30 days prior written notice of any increases to the
Monthly Fee.
3. Where the increase in the Monthly Fee is more than 10% and the Subscriber does not
agree to the adjusted Monthly Fee, the Subscriber may cancel the subscription in
accordance with clause 14.
3. Payment Method
If you are a Subscriber:
1. In order to complete the registration process, you will be required to tell us which
method you will use to make payment (eg. through your bank account, credit card,
debit card, or other payment facility), (your "Payment Method") and give us the details
of your Payment Method (eg. bank account number, or credit or debit card
information), (your "Payment Details").
2. By registering for the DStv App and BoxOffice Online Service and providing your
designated Payment Method or Payment Details, you authorise us to charge you the
Monthly Fee at the then current rate, and any other charges you may incur through
the use of the DStv App and BoxOffice Online Service to your Payment Details and
Payment Method.
3. You must provide current, valid and accepted Payment Details upon registration,
which we may authenticate. The same details will be used to pay for the DStv App and
BoxOffice Online Service depending on the selected Payment Method.
4. If there is a change in your Payment Details or Payment Method, you are required to
immediately update the information by logging onto the DStv App and BoxOffice
Online Website and updating your DStv App and BoxOffice Online Account.
5. You must ensure at all times that you keep your Payment Details updated and that
you have sufficient funds available to pay for the DStv App and BoxOffice Online
Service.
6. If you change your Payment Details or Payment Method we may choose to
authenticate the new Payment Details or Payment Method prior to the new Payment
Details or Payment Method being accepted. We will inform you once your new
Payment Details or Payment Method have been accepted.
7. If you choose to pay using PayPal, you will be establishing a billing agreement
between yourself and PayPal, which will allow PayPal to set up a subscription with you
in terms of which PayPal will bill you on a recurring basis. You will be billed in your
local currency in terms of PayPal’s reference transaction method. The actual amount
that you will be charged will be in your local currency and will depend on the exchange
rate applied by your financial institution. In addition to clause 11.3.2 and subject to
clauses 11.3.7 and 11.5, you acknowledge that the amount billed each month may
vary for reasons that include, without limitation, differing amounts due to promotional
offers such as gift card redemption, vouchers and promotional code redemption, and
you authorise PayPal to charge your Payment Method for such varying amounts.
PayPal will maintain the billing agreement and you reserve the right to cancel such a
billing agreement by logging onto your account profile with PayPal.
8. We reserve the right to bill you for the Subscription Fees in your local currency or in
ZAR (you remain responsible for the exchange rate applied by your bank).
9. If a payment is not successfully made or collected, due to expiration, insufficient funds,
incorrect Payment Details or another reason, you remain responsible for any
uncollected amounts and you authorise us to continue to collect payment from your
Payment Details and Payment Method for a period of additional days from the date
payment is due.
10. We are not responsible for any acts, failures, delays or omissions on the part of any
third party, bank, payment aggregators, or payment facilities providers. You will be
responsible for the acts, failures, delays or omissions on the part of any third party,
bank, payment aggregators, or payment facilities providers, including those
responsible for your Payment Method or for paying us.
11. We will notify you if payment is unsuccessful and if we are unable to collect payment
from your Payment Details or using your Payment Method. We may suspend your
subscription to the DStv App and BoxOffice Online Service if we are unable to collect
payment successfully, as set out in clause 12. Even if we suspend your subscription,
you will still be responsible for all uncollected amounts which are due to us for the time
that you continued to be a subscriber to the DStv App and BoxOffice Online Service.
12. Even if we suspend your subscription, you will still be responsible for all uncollected
amounts which are due to us for the time that you continued to be a subscriber to the
DStv App and BoxOffice Online Service.
4. Sales records and invoices
We will provide a Subscriber with a sales record of the transactions, order history and
invoices which a Subscriber can view by logging into the Subscriber's DStv App and
BoxOffice Online Account on the DStv App and BoxOffice Online Website. At the
Subscriber's election, we will also provide the sales record and invoices to you by e-
mail or by post.
5. Vouchers and promotions
1. We may, in our sole discretion, offer vouchers ourselves or through our business
arrangements with third parties ("promotional or voucher partners"), to selected
Subscribers which enable Subscribers to access the DStv App and BoxOffice Online
Service for a discounted rate subject to our terms and conditions and that of our
promotional or voucher partners (as the case may be). Should this be applicable to
you, please take note of these additional terms and conditions of the promotional and
voucher partners. The terms and conditions relating to such vouchers and DStv App
and BoxOffice Online will be disclosed on the DStv App and BoxOffice Online Website
or in other communications made available to you.
2. Should you subscribe to DStv App and BoxOffice Online with a voucher at any time
and should the period of use therein expire, you will thereafter be billed in accordance
with these terms and conditions with the payment details you provided us.
3. We may also introduce a number of different subscription plans or options, including
special promotional plans with different conditions and limitations. Any materially
different terms from those described in these DStv App and BoxOffice Online Terms
will be disclosed on the DStv App and BoxOffice Online Website or in other
communications made available to you.
6. Refunds
1. As far as the law allows, payment of the Monthly Fee is not refundable and we will not
refund or credit you for partially used monthly Subscription Periods.
2. If you wish to end your subscription, you must do this in the way set out in clause 14.1.
12. We may suspend the DStv App and BoxOffice Online
Service or your use of the DStv App and BoxOffice Online
Service
1. We may temporarily suspend part or all of the DStv App and BoxOffice Online Service,
the operation of the DStv App and BoxOffice Online Website, or your use of the DStv
App and BoxOffice Online Service or your DStv App and BoxOffice Online Account, in
any one or more of these circumstances:
1. we need to perform maintenance on, or updates to, the DStv App and
BoxOffice Online Website, or any of the Technology that we use to provide the
DStv App and BoxOffice Online Service;
2. we become aware of any actual, threatened or suspected fraud or any actual,
threatened or suspected unauthorised use of the DStv App and BoxOffice
Online Website, the DStv App and BoxOffice Online Service, the Content or
your DStv App and BoxOffice Online Account;
3. we have reasonable grounds to believe that the DStv App and BoxOffice
Online Website, the DStv App and BoxOffice Online Service or the Content are
being used negligently, fraudulently, illegally or in a way that we have not given
permission for;
4. you do not comply with your obligations and even after we have given you 5
days' notice to comply (or such shorter period where this is reasonable);
5. we reasonably believe that your password has been lost or stolen or disclosed
to an unauthorised person;
6. we become aware that any information you have provided is false, inaccurate,
incomplete or misleading;
7. we must do so to comply with the law; or
8. a court or regulator tells us to do this.
2. The suspension will continue for so long as we reasonably believe is appropriate.
3. We will notify you if we suspend part or all of the DStv App and BoxOffice Online
Service or your use of the DStv App and BoxOffice Online Service or your DStv App
and BoxOffice Online Account, where it is reasonably practical to do so.
13. We can suspend the DStv App and BoxOffice Online Service
in the event of non-payment
1. We may temporarily suspend part or all of the DStv App and BoxOffice Online Service,
or your use of the DStv App and BoxOffice Online Service or your DStv App and
BoxOffice Online Account if you fail to pay us on time or if we are unable to collect
payment from your Payment Details or through your Payment Method.
2. We will inform you that we are suspending part or all of the DStv App and BoxOffice
Online Service, or your use of the DStv App and BoxOffice Online Service or your
DStv App and BoxOffice Online Account due to payment not taking place.
3. The suspension will continue for as long as all uncollected amounts which are due to
us have been paid by you.
4. After you have paid us all uncollected amounts which are due to us, you may choose
whether:
1. you wish to end your subscription to the DStv App and BoxOffice Online
Service as set out in clause 14.1; or
2. you wish to reactivate your subscription to the DStv App and BoxOffice Online
Service and DStv App and BoxOffice Online Account which was previously
suspended.
14. Ending this agreement
1. How you may end your use of the DStv App and BoxOffice
Online Service
1. If you are a Subscriber:
1. You may end this agreement and cancel your subscription to the DStv App and
BoxOffice Online Service at any time without reason.
2. In order to cancel the DStv App and BoxOffice Online Service, you must access
your DStv App and BoxOffice Online Account on the DStv App and BoxOffice
Online Website and follow the instructions for cancellation.
3. You must cancel your subscription on or before the next Monthly Billing Date
to avoid the next billing. If you fail to do so, you must pay all Monthly Fees
which are invoiced by us before you cancel your subscription. As far as the law
allows, any payment of the Monthly Fee already made at the date of
cancellation will not be refunded.
4. If you are using a third party as a Payment Method and wish to cancel your
subscription to the DStv App and BoxOffice Online Service at any time, you
acknowledge and agree that you may also need to terminate your relationship
with such third party by cancelling your account with the applicable third party.
Billing information in respect of your subscription to the DStv App and
BoxOffice Online Service may be made accessible on your DStv App and
BoxOffice Online Account with the applicable third party.
2. If you are an Authorised User, you may end this agreement between
you and DStv App and BoxOffice Online by no longer using the DStv
App and BoxOffice Online Service.
2. How we may end this agreement
1. We reserve the right at any time and for any reason to terminate our agreement with
you, or your subscription to the DStv App and BoxOffice Online Service, or the
operation or availability of the DStv App and BoxOffice Online Service, or your right to
use the DStv App and BoxOffice Online Service or any part thereof. If we do this and
you are a Subscriber, we will give you 30 calendar days prior written notice (unless
the termination is required by law or it is reasonable in the circumstances to give
shorter notice).
2. We may end this agreement and terminate your use of the DStv App and BoxOffice
Online Service, the Content and the DStv App and BoxOffice Online Website
immediately at any time in one or more of the following circumstances:
1. where you breach a material provision of these DStv App and BoxOffice Online
Terms, and fail to remedy the breach after we have given you 5 calendar days'
notice (or such shorter period where this is reasonable);
2. where you breach the Licence Agreement;
3. where we have reasonable grounds to believe you are committing or have
committed a Prohibited Act;
4. if you attempt to access restricted Content from restricted geographical
locations;
5. where we have reasonable grounds to believe you are engaged in illegal or
improper use of the DStv App and BoxOffice Online Service or the Content;
6. where we must do so to comply with the law;
7. where a court or regulator tells us to do this; or
8. if any provision of these DStv App and BoxOffice Online Terms, or part of a
provision, becomes unenforceable, illegal or invalid.
3. Consequences of termination
1. Consequences if you end this agreement
1. When you end this agreement, your rights to use the DStv App and BoxOffice
Online Service will continue until the end of your current monthly Subscription
Period and you will be unsubscribed from the DStv App and BoxOffice Online
Service on the next Monthly Billing Date. The DStv App and BoxOffice Online
Service will continue up until the next Monthly Billing Date even if there is no
usage on your DStv App and BoxOffice Online Account or you do not use the
DStv App and BoxOffice Online Service for the remainder of the month
following the cancellation. This means that you will have access to the DStv
App and BoxOffice Online Service and Content for the remainder of that period.
2. Consequences if we end this Agreement
1. When we end this agreement or your rights to use the DStv App and BoxOffice
Online Service, your rights to use the Content and DStv App and BoxOffice
Online Service will end on the date that we stop allowing you to use the DStv
App and BoxOffice Online Service. You must stop using the DStv App and
BoxOffice Online Service and the Content from that date.
4. Terms which do not end
1. Many provisions of these DStv App and BoxOffice Online Terms will continue after this
agreement or your subscription to the DStv App and BoxOffice Online Service ends,
including terms and conditions which by their nature must continue to apply. This is
because certain rights and duties must survive even though the agreement between
us has come to an end or you have stopped using the DStv App and BoxOffice Online
Service.
2. Some of the provisions in these DStv App and BoxOffice Online Terms which continue
include (but is not limited to):
1. terms and conditions where our liabilities or responsibilities, or those of our
affiliates (companies under common ownership and control), are excluded or
limited, including amounts which you can claim from us;
2. terms and conditions where the rights you have against us, or our affiliates, are
limited or excluded;
3. terms and conditions which indemnify us or our affiliates, or you take on
responsibility for certain losses or damages that may happen;
4. our rights in clause 8.4;
5. the provisions of clause 15; and
6. any other terms and conditions in the DStv App and BoxOffice Online Terms
which are expressly stated to survive or continue after the end of this
agreement, or after the end of any part of this agreement.
15. Intellectual property
1. You acknowledge that the Content made available to you through the DStv App and
BoxOffice Online Service is owned by, or licensed to, us and is protected by laws,
including intellectual property law.
2. You must not use the DStv App and BoxOffice Online Service or the Content in any
way that constitutes a violation of any law (including intellectual property law), or an
infringement or misappropriation of our rights (including, without limitation, Intellectual
Property Rights), or the rights or Intellectual Property Rights of our licensors or any
third party. In these DStv App and BoxOffice Online Terms, "Intellectual Property
Rights" include all intellectual property rights of whatsoever nature and however
embodied, including (without limitation) copyright, patents, patent rights, designs,
design rights, invention rights, database rights, know-how, confidential information,
trade secrets, trade marks, trade names, domain names, service marks, goodwill and
all other intellectual property rights, in each case whether registered or unregistered
which subsist or will subsist now or in the future in any part of the world, and including
all rights to recover damages for the breach, infringement, or misappropriation of any
such Intellectual Property Rights.
3. You must not reproduce, modify, copy, perform, transmit or commercially exploit the
Content in any manner whatsoever and no Content delivered to an Access Device
may be redistributed or copied from that Access Device.
4. All Intellectual Property Rights, including all rights, title and interest in and to the DStv
App and BoxOffice Online Service, DStv App and BoxOffice Online Website and
Content, of whatsoever nature existing now and in the future, remain our absolute
property and that of our licensors.
5. You will not, at any time, acquire any rights, title, ownership or interest, including any
Intellectual Property Rights, in or to the DStv App and BoxOffice Online Service, the
DStv App and BoxOffice Online Website or the Content other than the limited, non-
exclusive, non-transferable and revocable licence to use the DStv App and BoxOffice
Online Service for the Permitted Use in accordance with these DStv App and
BoxOffice Online Terms.
6. Where any of the Content has been licensed to us or belongs to any third party, your
rights of use will also be subject to any terms and conditions which that licensor or
third party imposes from time to time and you agree to comply with such third party
terms and conditions.
16. Disclaimer and exclusion of warranties
1. As far as the law allows, the DStv App and BoxOffice Online Service, DStv App and
BoxOffice Online App and Content are provided on an "as is" basis and without any
representation or warranty whatsoever, whether express, implied or statutory
(including any implied warranties of reliability, fitness for any particular purpose, or
exclusion of errors or inaccuracies).
2. As far as the law allows, we make no representations and give no warranties that the
DStv App and BoxOffice Online Service or Content will be tailored to meet your
personal requirements or expectations, be available and accessible at all times, be
uninterrupted, error free, secure, or free from Destructive Code.
17. Limits to our liability
1. As far as the law allows, we and our affiliates will not be responsible to you (and we
hereby disclaim all liability) for any loss, liability, injury or damage (whether direct,
indirect, incidental, special, punitive or consequential) whatsoever resulting from any:
1. errors, mistakes, or inaccuracies in the Content or the DStv App and BoxOffice
Online Service;
2. personal injury or property damage, of any nature whatsoever, resulting from
access to and use of the DStv App and BoxOffice Online Service;
3. any unauthorised access to or use of our Technology and/or any and all
personal information stored therein;
4. any interruption or cessation of transmission to or from the DStv App and
BoxOffice Online App, the Content, or Technology used by you or us to provide
or receive the DStv App and BoxOffice Online Service or the Content; and/or
5. any Destructive Code which may be transmitted to or through the DStv App
and BoxOffice Online App, the DStv App and BoxOffice Online Website, the
DStv App and BoxOffice Online Service or the Content.
2. The provisions of clause 17.1 apply irrespective of whether any claim you or others
make, or any loss, liability, injury or damage suffered, is based on warranty, contract,
delict or any other legal theory, and whether or not we have been advised of the
possibility of such damages.
18. Indemnity
1. As far as the law allows, you hereby irrevocably indemnify us and our affiliates and
agree to hold us, our affiliates and our suppliers harmless against any loss, liability,
costs, and damages which we or they may suffer as a result of:
1. you infringing or misusing any person's rights, including Intellectual Property
Rights in relation to the DStv App and BoxOffice Online Service and Content;
2. you performing a Prohibited Act;
3. you failing to comply with these DStv App and BoxOffice Online Terms; and/or
4. any deliberate or unlawful act that you commit or a failure to act.
19. Notices and communication
1. Any notices sent to us under these DStv App and BoxOffice Online Terms, including
legal notices, must be delivered to us by hand or registered post at 144 Bram Fischer
Dr, Bordeaux, Randburg, 2194, South Africa or by email at help@dstv.com.
2. Any notices we send to you under these DStv App and BoxOffice Online Terms,
including legal notices, will be delivered to the address you provided upon registration
or any other address which you have given us proper notice about, or to your email
address or cell phone number if you indicated that as your preference on registration.
However any notices that we may send you in other ways which are received by you,
will qualify as adequate notice.
3. We have also the right to send you notices and communications about certain issues
by SMS, or email or direct message, or when you log in to the DStv App and BoxOffice
Online Account, or on the DStv App and BoxOffice Online Website, or through the
DStv App and BoxOffice Online App. These issues include :
1. increases to Monthly Fees;
2. changes or updates to your details
3. inactivity of your DStv App and BoxOffice Online Account;
4. notices that you are in breach of these DStv App and BoxOffice Online Terms;
5. notices of suspension or termination of, or that we intend to suspend or
terminate, this agreement or the DStv App and BoxOffice Online Service or
your use of the DStv App and BoxOffice Online Service (or any part thereof);
6. notices that we have changed any part of the DStv App and BoxOffice Online
Terms; and
7. notices about billing or payment information, including (without limitation) non-
payment.
4. You may not unsubscribe to receive notices from us regarding the above information.
5. All notices given by us to a Subscriber shall be treated as having been given, and be
deemed to have also been given, to the Authorised Users that access or use the DStv
App and BoxOffice Online Service through the Subscriber's DStv App and BoxOffice
Online Account. All notices given by us to an Authorised User shall also be treated as
having been given, and be deemed to have also been given, to the Subscriber whose
DStv App and BoxOffice Online Account the Authorised User makes use of. The
Subscriber and Authorised Users must immediately make each other aware of notices
which may be received from us.
20. References and links to and from other web sites, products
and services
1. The DStv App and BoxOffice Online App and the DStv App and BoxOffice Online
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. We
shall, where reasonable, classify the products and/or services as third party products
or services. Notwithstanding that the products and/or services may be co-branded,
you acknowledge that the agreement for the provision of such third party product or
service is between you and the relevant third party and we shall not be party to such
agreement. Further, we shall not be liable for any act or omission of the third party,
nor the provision of the products or services by the third party to you.
2. The DStv App and BoxOffice Online App and the DStv App and BoxOffice Online
Website may contain references or links to other web sites ("Other Web Sites") and to
the products, opinions or services of third parties. These references or links are not
intended to be, and should not be interpreted as an endorsement, recommendation,
or affiliation to these Other Web Sites or the opinions, products, services of third
parties. Your use of Other Web Sites or the products or services of third parties will be
entirely at your own risk.
3. To the fullest extent allowed by law, we are not responsible to you for any loss, liability,
expense, claim, penalty or damage, whether direct, indirect, special or consequential,
arising from or related to the reliance on, use or attempted use of Other Web Sites or
the opinions, products or services of third parties.
4. You may not make (and you may not allow any third party to make) any reference to
us, the DStv App and BoxOffice Online Service, the DStv App and BoxOffice Online
App 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 us in
relation to you or a third party, or of your services, products, opinions or conduct or
those of a third party.
21. Miscellaneous provisions
1. These DStv App and BoxOffice Online Terms, and any rights, obligations and licenses
granted hereunder, may not be transferred, ceded, delegated or assigned by you.
2. You agree that we may, at any time, transfer, cede, delegate or assign any or all of
our rights and obligations under these DStv App and BoxOffice Online Terms and we
may do so without your consent. We will notify you if we transfer, cede, delegate or
assign any rights or obligations to a third party, except that we do not need to notify
you if we transfer, cede, delegate or assign any or all rights or obligations to an affiliate.
We may subcontract our obligations without your consent and we do not have to inform
you if we subcontract any of our obligations.
3. These DStv App and BoxOffice Online Terms shall apply for the benefit of and be
binding upon each party's successors and assigns.
4. DStv App and BoxOffice Online means MultiChoice Support Services Proprietary
Limited (registration number: 2007/014131/07), a company duly registered and
incorporated in accordance with the laws of the Republic of South Africa with its
address at: 144 Bram Fischer Dr, Bordeaux, Randburg, 2194, South Africa. The DStv
App and BoxOffice Online Terms shall be governed by the laws of the Republic of
South Africa.
5. Our failure to exercise or enforce any right or provision of these DStv App and
BoxOffice Online Terms shall not constitute a waiver of such right or provision.
6. These DStv App and BoxOffice Online Terms make up the whole agreement between
you and us relating to the use of the Content and the DStv App and BoxOffice Online
Service. As far as the law allows, neither you nor we are legally obliged to comply with
any term, condition, undertaking, representation, or promise relating to the DStv App
and BoxOffice Online Service or the Content that is not written in these DStv App and
BoxOffice Online Terms.
7. Each provision of these DStv App and BoxOffice Online Terms, and each part of any
provision, is removable and detachable from the others. As far as the law allows, if
any provision of these DStv App and BoxOffice Online Terms, or part of a provision,
becomes unenforceable, illegal or invalid, it must be treated as if it was not included
in these DStv App and BoxOffice Online Terms, the rest of these DStv App and
BoxOffice Online Terms will still be valid and enforceable.
8. In these DStv App and BoxOffice Online Terms, headings are for convenience and not
to be used in interpreting these terms, and unless expressly stated otherwise or
otherwise required by the context:
1. references to the singular includes the plural and vice versa;
2. words in any particular gender include the other genders (male, female and
neutral). Reference to a neutral gender (for example 'they' or 'it') include all
genders.
3. words or expressions that are defined or capitalised in these DStv App and
BoxOffice Online Terms shall have the same meaning wherever used in these
DStv App and BoxOffice Online Terms;
4. the word 'including' or 'include' or 'includes' must not be interpreted as limited
to the list following the word or excluding other items from a list following the
word. The word:
1. 'including' means 'including but not limited to';
2. 'include' means 'include but is not limited to'; and
3. 'includes' means 'includes but is not limited to'.
5. where any number of days is given, those days are counted to exclude the first
day but include the last day.
This version of the DStv App and BoxOffice Online service terms and conditions applies from 5
March 2021. Previous versions of the DStv App and BoxOffice Online service terms and
conditions to be found on this page.
DStv App FREE and BoxOffice Online
FREE TERMS AND CONDITIONS
These DStv App and BoxOffice Online service terms and conditions apply to the use of the DStv
App and BoxOffice Online Freemium service. Please read these terms and conditions carefully.
1. The DStv App and BoxOffice Online Service and your
agreement to these DStv App and BoxOffice Online Terms
1. DStv App and BoxOffice Online Free ("DStv App and BoxOffice Online" or "we" or "us"
or "our") provides an on demand App service (the "DStv App and BoxOffice Online
Service" “Platform”) through which users can stream 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 personal computers,
mobile phones, tablets, media players, smart TVs, set top boxes, gaming consoles
and other similar devices ("Access Device"). DStv App and BoxOffice Online Free
("DStv App and BoxOffice Online" or "we" or "us" or "our") is a DStv App and BoxOffice
Online product associated with an on demand advertising service that is being served
in exchange of providing the service free of charge.
2. The DStv App and BoxOffice Online Service is made available by DStv App and
BoxOffice Online on the terms and conditions contained on the website
https://www.dstv.co.za/terms-and-conditions (these "DStv App and BoxOffice Online
Terms"). Please note that the following are hereby incorporated into and form part of
these DStv App and BoxOffice Online Terms:
1. our Privacy Notice, accessible at https://www.dstv.co.za/privacy-notice
("Privacy Notice");
2. the general terms of use for the DStv App and BoxOffice Online website which
is accessible at www.DStv App and BoxOffice Online.com and such other
URLs as DStv App and BoxOffice Online may use to provide the DStv App and
BoxOffice Online Service (the "DStv App and BoxOffice Online Website"),
available at https://www.dstv.co.za/website-terms ("Website Terms of Use");
and
3. the DStv App and BoxOffice Online Application End User Licence Agreement
("Licence Agreement"), accessible at https://www.dstv.co.za/legal/licence-
agreement.
3. By agreeing to these DStv App and BoxOffice Online Terms, you also agree to be
bound by the provisions of the Privacy Notice, Website Terms of Use and Licence
Agreement, as if they have been included in these DStv App and BoxOffice Online
Terms in full.
4. You are not entitled to make any use of the DStv App and BoxOffice Online Service
or the Content if you do not agree to these DStv App and BoxOffice Online Terms. If
you make any use of the DStv App and BoxOffice Online Service or the Content, this
will mean that you agree to these DStv App and BoxOffice Online Terms. If you do not
agree to these DStv App and BoxOffice Online Terms, you must immediately stop
using the DStv App and BoxOffice Online Service and the Content.
2. Changes to the DStv App and BoxOffice Online Terms
1. We may, at any time, change these DStv App and BoxOffice Online Terms.
2. If you are a Registered User, we will notify you of the changes. We will do this by
sending you an email, sms or through a pop-up notice when you access the DStv App
and BoxOffice Online Service or the DStv App and BoxOffice Online Website, or
through a pop-up notice when you log into the account which we create for you after
your register in order to use the DStv App and BoxOffice Online Service ("DStv App
and BoxOffice Online Account"), or through the software application developed or
made available by us for users to access and receive the DStv App and BoxOffice
Online Service ("DStv App and BoxOffice Online App"). A "Registered User" is a
person who has registered to use the DStv App and BoxOffice Online Service through
the registration process that DStv App and BoxOffice Online prescribes and your
registration has been accepted by DStv App and BoxOffice Online. A "Not Registered
User" is a person who has not registered to use the DStv App and BoxOffice Online
Service, however enters and uses the DStv App and BoxOffice Online Platform by any
means.
3. If you are not a Registered User, all changes to these DStv App and BoxOffice Online
Terms will take effect from the time that we place them on the DStv App and BoxOffice
Online Website. You are responsible for reviewing and checking these DStv App and
BoxOffice Online Terms (including any changes to the DStv App and BoxOffice Online
Terms which we may make) whenever you wish to use the DStv App and BoxOffice
Online Service or the Content.
4. If you do not agree with any changes to these DStv App and BoxOffice Online Terms,
you must end your use of the DStv App and BoxOffice Online Service in the way set
out in clause 14 below.
3. Who may use the DStv App and BoxOffice Online Service?
1. You may only use the DStv App and BoxOffice Online Service if you comply with these
DStv App and BoxOffice Online Terms and:
1. you are a Registered User; or
2. you are allowed by a Registered User to access or use the DStv App and
BoxOffice Online Service through the Registered User's DStv App and
BoxOffice Online Account (an "Authorised User"). If you are an Authorised
User, your rights to use the DStv App and BoxOffice Online Service will end
when the Registered User's rights to use the DStv App and BoxOffice Online
Service end or the Registered User stops allowing you to access or use the
DStv App and BoxOffice Online Service through the Registered User's DStv
App and BoxOffice Online Account; or
3. you are a Not Registered User.
2. The Registered User must ensure that all Authorised Users that access or use the
DStv App and BoxOffice Online Service through the Registered User's DStv App and
BoxOffice Online Account, are aware of these DStv App and BoxOffice Online Terms,
agree to these DStv App and BoxOffice Online Terms, and comply with these DStv
App and BoxOffice Online Terms. Not Registered Users agree to these DStv App and
BoxOffice Online Terms, and comply with these DStv App and BoxOffice Online Terms
when entering the DStv App and BoxOffice Online Platform by any means.
3. All acts and omissions of Authorised Users shall be treated as, and also be deemed
to be (i) the acts and omissions of the Registered User whose DStv App and BoxOffice
Online Account they use to access or use the DStv App and BoxOffice Online Service;
and (ii) the acts and omissions of the other Authorised Users of that DStv App and
BoxOffice Online Account. All acts and omissions of a Registered User shall be treated
as, and also be deemed to be, the acts and omissions of the Authorised Users that
access or use the DStv App and BoxOffice Online Service through the Registered
User's DStv App and BoxOffice Online Account. An act or omission includes any
breach of these DStv App and BoxOffice Online Terms.
4. You must be 18 years of age or older to register for the DStv App and BoxOffice Online
Service and you must not attempt to register for the DStv App and BoxOffice Online
Service if you are not 18 years of age or older. You must be 18 years of age or older
to use DStv App and BoxOffice Online Service as a Not Registered User.
5. If the Authorised User is younger than 18 years of age, than the Authorised User must
have the permission of her / his parent or legal guardian to use the DStv App and
BoxOffice Online Service and to agree to these DStv App and BoxOffice Online Terms
and must only use the DStv App and BoxOffice Online Service under the supervision
of the Registered User or another Authorised User that is 18 years of age or older.
6. We reserve the right to refuse to let you register or use the DStv App and BoxOffice
Online Service at our sole discretion. We may do this even if you complete the
registration process and agree to these DStv App and BoxOffice Online Terms.
7. We are in no way obliged to give reasons if we do not let you register or use the DStv
App and BoxOffice Online Service.
4. Your information and details
1. All information supplied to us must be truthful, accurate and complete. This also
includes the information that we request you to provide in the registration process and
at any time after that.
2. You must notify us if the information you supplied to us changes or if details we have
for you change, or if they are incorrect or incomplete. If you do not update us, we will
continue to use and rely on the most recent details which you have provided to us.
3. A Registered User will be able to edit the Registered User's own details by logging into
the Registered User's DStv App and BoxOffice Online Account through the DStv App
and BoxOffice Online Service or by updating the Registered User's details by
contacting our support agents via email at [email protected]. We will send the Registered
User an email or a sms confirming any updates or changes which the Registered User
makes to the Registered User's details.
4. Please also read the Privacy Notice for more information on how we use your
information and your rights and responsibilities.
5. Keep your DStv App and BoxOffice Online Account, Payment
Details, password and user credentials secure and secret
If you are a Registered User:
1. After you complete the registration process, we will create your DStv App and
BoxOffice Online Account. You will need to use your email address, cell phone number
and password in order to access your DStv App and BoxOffice Online Account and to
use the DStv App and BoxOffice Online Service, or such other user credentials as we
may permit from time to time (for example, the log-in details for social media accounts
that we may accept from time to time).
2. You are responsible for all use of your DStv App and BoxOffice Online Account and
your password and any of your other user credentials (for example, the log-in details
for social media accounts that you use to access the DStv App and BoxOffice Online
Service).
3. Whenever a person uses the DStv App and BoxOffice Online Service, or performs any
other act, with your password or through your DStv App and BoxOffice Online Account
or through the use of your user credentials, we will treat this as if it was done by
yourself and with your approval.
4. You must notify us immediately by sending us an email at help@dstv.com if you
suspect that another person has obtained unauthorised access to your DStv App and
BoxOffice Online Account, or password, or your user credentials. You must also notify
us immediately by sending us an email at [email protected] if you are aware of any
unauthorised use of your DStv App and BoxOffice Online Account, or password or
your user credentials. You will be responsible for changing your privacy settings on
your DStv App and BoxOffice Online Account, your password, your user credentials,
and your payment details as soon as you become aware of any unauthorised access
or use.
5. We will not be responsible for any loss or damage you may suffer if any other person
uses your password, or your user credentials, or your payment information or payment
details without your approval or consent.
6. Access Devices and other equipment and facilities
1. You are only entitled to make lawful use of the DStv App and BoxOffice Online Service
and stream or download the Content through the methods permitted and intended by
us, which may include through the use of the DStv App and BoxOffice Online Website,
or through the use of the DStv App and BoxOffice Online App on a registered Access
Device.
2. In order to access and use the DStv App and BoxOffice Online Service, your Access
Devices must meet the minimum technical specifications as set out on the DStv App
and BoxOffice Online Website at https://www.dstv.co.za/legal. We will in no way be
responsible for your inability to access the DStv App and BoxOffice Online Service
and Content due to limitations specific to your Access Devices.
3. You, at your own cost, are responsible for obtaining and maintaining the Access
Devices, adequate and reliable internet access, and all information technology and
telecommunication facilities, equipment, services, products, software, systems,
materials, applications, platforms, and the like, ("Technology") needed to access the
internet or to use the DStv App and BoxOffice Online Service.
4. If an Access Device does not belong to you, you confirm and promise that you have
obtained permission from the owner of the Access Device to download or stream the
Content onto the relevant Access Device and to use the Access Device to receive and
access the DStv App and BoxOffice Online Service.
5. We are not responsible for any internet access charges, service provider charges and
data usage charges. These charges must be paid by you or the owner of the Access
Device.
6. The quality of the DStv App and BoxOffice Online Service and the Content, and your
ability to use the DStv App and BoxOffice Online Service and to stream or download
the Content, including the time it takes to stream or download Content and associated
costs, may be affected by various factors, such as your location, the bandwidth
available, your Access Devices and their functionality or capabilities, the speed of your
internet connection, the services provided by your service providers, and the
communications facilities being used by you.
7. We make no warranties or representations about the quality of your viewing
experience, or the time it takes to stream or download Content, or the bandwidth or
other data that will be required to stream or download Content or to use the DStv App
and BoxOffice Online Service.
8. If you are a Registered User or a Not Registered User of DStv App and BoxOffice Online
Service and its Content, and your ability to stream the Content, including the time it
takes to stream the Content and associated costs, may be affected by various factors
including the services provided by DStv App and BoxOffice Online. We are not
responsible for potential Content quality shortcomings or Content unavailability with
respect to DStv App and BoxOffice Online Service.
7. Permitted use and what you are not allowed to do
1. The DStv App and BoxOffice Online Service may only be used by you in a lawful
manner in the way that we specifically intended and for your personal and non-
commercial purposes (the "Permitted Use").
2. You must not, directly or indirectly, do any of the following things or allow anybody else
to do so:
1. perform any action that violates any of these DStv App and BoxOffice Online
Terms or any guidelines or policies posted by us;
2. display, distribute, communicate, transmit, publish or broadcast the DStv App
and BoxOffice Online Service or the Content to the public;
3. perform any action which is illegal, fraudulent or violates or infringes any
Intellectual Property Rights listed in clause 15 below;
4. use any, and all Technology or other means to access, index, frame or link to
the DStv App and BoxOffice Online Service (including the Content) in a way
that is not expressly authorised by us;
5. use Technology or other means to remove, disable, bypass, or circumvent any
Content protection or access control mechanisms, including those intended to
prevent the unauthorised download, App, capture, linking, framing,
reproduction, access to, use or distribution of the Content or the DStv App and
BoxOffice Online Service;
6. use Technology or other means to remove, disable, bypass, or circumvent any
protection mechanisms or other Technology or identifying information
contained on an Access Device;
7. use any Access Devices which have been "jailbroken" or "rooted";
8. access the DStv App and BoxOffice Online 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 App and BoxOffice Online Service or the Content and
excluding those search engines or indices that host, promote, or link primarily
to infringing or unauthorised content);
9. 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,
Technology, 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 App and BoxOffice
Online or any other person, including in the DStv App and BoxOffice Online
Website, the DStv App and BoxOffice Online App or the DStv App and
BoxOffice Online Service;
10. damage, disable, overburden, impair, or gain unauthorised access to the
Content, the DStv App and BoxOffice Online Service, the DStv App and
BoxOffice Online Website, Technology used by DStv App and BoxOffice
Online or other persons, or the DStv App and BoxOffice Online Accounts of
Registered Users or other users;
11. remove, modify, disable, block, obscure or otherwise impair any advertising
displayed on, or used in connection with, the DStv App and BoxOffice Online
Service (including the Content), the DStv App and BoxOffice Online Website,
or the DStv App and BoxOffice Online App;
12. use the DStv App and BoxOffice Online Service to advertise or promote
products or services that are not expressly approved in advance in writing by
us;
13. collect or process information in violation of our Privacy Notice;
14. encourage conduct that would constitute a criminal offense or give rise to civil
liability;
15. interfere with any other person's lawful and authorised use and enjoyment of
the DStv App and BoxOffice Online Service, the DStv App and BoxOffice
Online Website, or the DStv App and BoxOffice Online App;
16. attempt to discover or reverse engineer the source code and other materials
forming part of the Technology used to provide the DStv App and BoxOffice
Online Service, or the Content, or the DStv App and BoxOffice Online Website,
or the DStv App and BoxOffice Online App; and
17. receive or charge money, favours or other consideration for allowing any other
person to use or access the DStv App and BoxOffice Online Service, the
Content or your DStv App and BoxOffice Online Account, (all of the above are
called "Prohibited Acts").
3. These DStv App and BoxOffice Online Terms and any restrictions on the use of the
DStv App and BoxOffice Online Service will also apply to any part of the DStv App and
BoxOffice Online Website and Content which is cached when using the DStv App and
BoxOffice Online Service or the DStv App and BoxOffice Online Website.
4. We may use Technology and other means to monitor that you are complying with
these DStv App and BoxOffice Online Terms.
8. Content restrictions, changes to Content and the DStv App
and BoxOffice Online Service
1. It is your responsibility to satisfy your watching preferences, make sure prior to
accessing the Content, that the Content meets your individual requirements.
2. Unless otherwise expressly stated in these DStv App and BoxOffice Online Terms, the
Content is not intended to, and does not, constitute advice or a recommendation of
any nature at all in respect of, but not limited to, any entity, institution, investment,
service or product.
3. We may continuously update the DStv App and BoxOffice Online Service, including
the Content. We reserve the right to make changes from time to time in how we offer,
provide and operate the DStv App and BoxOffice Online Service and Content.
4. We may, at our sole discretion:
1. select and determine the Content that will be available for App or download, or
as part of the DStv App and BoxOffice Online Service;
2. change, remove and update the Content that will be available for App or
download, or as part of the DStv App and BoxOffice Online Service, from time
to time;
3. restrict access to Content to particular Registered Users or Authorised Users
or choose whether to make available certain Content to any particular
Registered User or Authorised User at any particular time;
4. limit the number of programmes or temporary downloads of any part of the
Content that can be made by you or through a DStv App and BoxOffice Online
Account at any time;
5. limit the number of temporary downloads of a particular programme or part of
the Content you may make or initiate, or which may be made or initiated
through a DStv App and BoxOffice Online Account;
6. limit the amount of times you can attempt to download a particular programme
or part of the Content, where the downloading of the programme or part of the
Content fails to complete because of poor internet connection or other
technical problem;
7. make different Content available to different Registered Users or Authorised
Users in different geographical locations;
8. implement Technologies and measures and take steps to remove and delete
Content and downloads of Content from any Access Devices and render such
Content and downloads unviewable; and
9. implement Technologies and measures to encrypt and decrypt the Content and
to protect the Content from unauthorised use and to control access to the
Content.
5. The Content that may be available to view will vary across geographic locations and
we reserve the right to limit certain Content to certain geographic locations.
6. You must not attempt to access restricted Content.
7. We reserve the right to implement Technologies, including geo-blocking technology.
This includes any Technology that is able to limit, restrict or block any access and/or
use by a person of any Content, product or service based on the geographical location
of that person, and other measures in order to verify your geographic location and
monitor that you are not accessing restricted Content from restricted geographic
locations.
9. DStv App and BoxOffice Online Kids Program, Parental
Control and supervision of users
1. The DStv App and BoxOffice Online Kids Program is the part of DStv App and BoxOffice
Online Service dedicated to Content for children aged between 2-17 years.
2. The Registered User can create a Kids sub-profile and set parental controls mechanism
as outlined in Art. 9.4. By creating any Kids sub-profile the Registered User confirms that
he/she is the parent or a legal guardian of a child under the age of 16, that is intended to
be the user of the Kids sub-profile. Creation of The Kids sub-profile is subject to consent
of the parent or a legal guardian.
3. It is your responsibility to manage access to Your DStv App and BoxOffice Online Account.
You must take all reasonable steps to prevent the viewing of CC You must also ensure
that parental guidance restrictions and requirements are adhered to. You may limit the
age restriction level of Content viewable by other users with our parental control feature.
4. Parental control features available within the DStv App and BoxOffice Online Kids Mode
contains measures as follows:
1. Parents can set up age-based sub profiles for children of the following ages 2-4,
5-6, 7-9, 10-12 and 13-17. Only age appropriate Content will be visible to users
within the age ranges of the profiles plus Content that belongs to a lower age
classification.
2. In addition:
- when a platform wide parental PIN code is set up at any of the following
values: 7+, 13+ and 16+ all Content that is rated at or above the parental
PIN code is restricted for the first playback or download unless the PIN
code is entered,
- In the preceding 5 minutes, after the PIN has been input, the PIN shall not
be required again, and any content is freely accessible. It remains the
responsibility of the Registered User to ensure that no minors watch
Content that is unsuitable (even in the event a Parental PIN code has been
set).
- When switching between your sub profiles or after signing out, playback
and downloads shall require the PIN code once more.
3. All changes relating to Profile editing/creation and PIN editing/creation are
emailed/messaged to the Registered User.
4. In certain cases a PIN code protection can be removed without the manual entry
of the account associated password. Such a case may occur if the Platform is not
being used in a way it is designed for a user of a Kids subprofile of the respective
age. DStv App and BoxOffice Online shall not be liable for any such act by
Subscriber or an Authorised User.
5. You must supervise all use of the DStv App and BoxOffice Online Service through your
DStv App and BoxOffice Online Account, and every person using the Access Devices
registered to your DStv App and BoxOffice Online Account. You must also ensure that all
persons that use the DStv App and BoxOffice Online Service through your DStv App and
BoxOffice Online Account, and every person using the Access Devices registered to your
DStv App and BoxOffice Online Account, complies with these DStv App and BoxOffice
Online Terms and does not engage in any Prohibited Acts.
6. Certain Content may be subject to age restrictions, contain strong language, contain
explicit visuals or other material which may offend sensitive viewers or be inappropriate
for younger viewers or certain categories of viewers. We will attempt to provide
appropriate audience guidelines relating to the Content. It is, however, your responsibility
to heed those warnings and to act responsibly.
10. We may suspend the DStv App and BoxOffice Online
Service or your use of the DStv App and BoxOffice Online
Service
1. We may temporarily suspend part or all of the DStv App and BoxOffice Online Service,
the operation of the DStv App and BoxOffice Online Website, or your use of the DStv
App and BoxOffice Online Service or your DStv App and BoxOffice Online Account, in
any one or more of these circumstances:
1. we need to perform maintenance on, or updates to, the DStv App and
BoxOffice Online Website, or any of the Technology that we use to provide the
DStv App and BoxOffice Online Service;
2. we become aware of any actual, threatened or suspected fraud or any actual,
threatened or suspected unauthorised use of the DStv App and BoxOffice
Online Website, the DStv App and BoxOffice Online Service, the Content or
your DStv App and BoxOffice Online Account;
3. we have reasonable grounds to believe that the DStv App and BoxOffice
Online Website, the DStv App and BoxOffice Online Service or the Content are
being used negligently, fraudulently, illegally or in a way that we have not given
permission for;
4. you do not comply with your obligations and even after we have given you 5
days' notice to comply (or such shorter period where this is reasonable) - not
applicable for not Registered Users;
5. we reasonably believe that your password has been lost or stolen or disclosed
to an unauthorised person;
6. we become aware that any information you have provided is false, inaccurate,
incomplete or misleading;
7. we must do so to comply with the law; or
8. a court or regulator tells us to do this.
2. The suspension will continue for so long as we reasonably believe is appropriate.
3. We will notify you if we suspend part or all of the DStv App and BoxOffice Online
Service or your use of the DStv App and BoxOffice Online Service or your DStv App
and BoxOffice Online Account, where it is reasonably practical to do so.
11. Ending this agreement
1. How you may end your use of the DStv App and BoxOffice
Online Service
1. If you are a Registered User:
1. You may end this agreement regarding DStv App and BoxOffice Online
Service at any time without reason.
2. In order to cancel the DStv App and BoxOffice Online Service, you must access
your DStv App and BoxOffice Online Account on the DStv App and BoxOffice
Online Website and follow the instructions for cancellation.
2. If you are a Registered User, you may end this agreement between
you and DStv App and BoxOffice Online by no longer using the DStv
App and BoxOffice Online Service.
2. How we may end this agreement
1. We reserve the right at any time and for any reason to terminate our agreement with
you, or the operation or availability of the DStv App and BoxOffice Online Service, or
your right to use the DStv App and BoxOffice Online Service or any part thereof.
2. We may end this agreement and terminate your use of the DStv App and BoxOffice
Online Service, the Content and the DStv App and BoxOffice Online Website
immediately at any time in one or more of the following circumstances:
1. where you breach a material provision of these DStv App and BoxOffice Online
Terms, and fail to remedy the breach after we have given you 5 calendar days'
notice (or such shorter period where this is reasonable);
2. where you breach the Licence Agreement;
3. where we have reasonable grounds to believe you are committing or have
committed a Prohibited Act;
4. if you attempt to access restricted Content from restricted geographical
locations;
5. where we have reasonable grounds to believe you are engaged in illegal or
improper use of the DStv App and BoxOffice Online Service or the Content;
6. where we must do so to comply with the law;
7. where a court or regulator tells us to do this; or
8. if any provision of these DStv App and BoxOffice Online Terms, or part of a
provision, becomes unenforceable, illegal or invalid.
3. Consequences of termination
1. Consequences if we end this Agreement
1. When we end this agreement or your rights to use the DStv App and BoxOffice Online
Service, your rights to use the Content and DStv App and BoxOffice Online Service
will end on the date that we stop allowing you to use the DStv App and BoxOffice
Online Service. You must stop using the DStv App and BoxOffice Online Service and
the Content from that date.
4. Terms which do not end
1. Many provisions of these DStv App and BoxOffice Online Terms will continue after this
agreement relating to DStv App and BoxOffice Online Service ends, including terms
and conditions which by their nature must continue to apply. This is because certain
rights and duties must survive even though the agreement between us has come to
an end or you have stopped using the DStv App and BoxOffice Online Service.
2. Some of the provisions in these DStv App and BoxOffice Online Terms which continue
include (but is not limited to):
1. terms and conditions where our liabilities or responsibilities, or those of our
affiliates (companies under common ownership and control), are excluded or
limited, including amounts which you can claim from us;
2. terms and conditions where the rights you have against us, or our affiliates, are
limited or excluded;
3. terms and conditions which indemnify us or our affiliates, or you take on
responsibility for certain losses or damages that may happen;
4. our rights in clause 8.4;
5. the provisions of clause 15; and
6. any other terms and conditions in the DStv App and BoxOffice Online Terms
which are expressly stated to survive or continue after the end of this
agreement, or after the end of any part of this agreement.
12. Intellectual property
1. You acknowledge that the Content made available to you through the DStv App and
BoxOffice Online Service is owned by, or licensed to, us and is protected by laws,
including intellectual property law.
2. You must not use the DStv App and BoxOffice Online Service or the Content in any
way that constitutes a violation of any law (including intellectual property law), or an
infringement or misappropriation of our rights (including, without limitation, Intellectual
Property Rights), or the rights or Intellectual Property Rights of our licensors or any
third party. In these DStv App and BoxOffice Online Terms, "Intellectual Property
Rights" include all intellectual property rights of whatsoever nature and however
embodied, including (without limitation) copyright, patents, patent rights, designs,
design rights, invention rights, database rights, know-how, confidential information,
trade secrets, trade marks, trade names, domain names, service marks, goodwill and
all other intellectual property rights, in each case whether registered or unregistered
which subsist or will subsist now or in the future in any part of the world, and including
all rights to recover damages for the breach, infringement, or misappropriation of any
such Intellectual Property Rights.
3. You must not reproduce, modify, copy, perform, transmit or commercially exploit the
Content in any manner whatsoever and no Content delivered to an Access Device
may be redistributed or copied from that Access Device.
4. All Intellectual Property Rights, including all rights, title and interest in and to the DStv
App and BoxOffice Online Service, DStv App and BoxOffice Online Website and
Content, of whatsoever nature existing now and in the future, remain our absolute
property and that of our licensors.
5. You will not, at any time, acquire any rights, title, ownership or interest, including any
Intellectual Property Rights, in or to the DStv App and BoxOffice Online Service, the
DStv App and BoxOffice Online Website or the Content other than the limited, non-
exclusive, non-transferable and revocable licence to use the DStv App and BoxOffice
Online Service for the Permitted Use in accordance with these DStv App and
BoxOffice Online Terms.
6. Where any of the Content has been licensed to us or belongs to any third party, your
rights of use will also be subject to any terms and conditions which that licensor or
third party imposes from time to time and you agree to comply with such third party
terms and conditions.
13. Disclaimer and exclusion of warranties
1. As far as the law allows, the DStv App and BoxOffice Online Service, DStv App and
BoxOffice Online App and Content are provided on an "as is" basis and without any
representation or warranty whatsoever, whether express, implied or statutory
(including any implied warranties of reliability, fitness for any particular purpose, or
exclusion of errors or inaccuracies).
2. As far as the law allows, we make no representations and give no warranties that the
DStv App and BoxOffice Online Service or Content will be tailored to meet your
personal requirements or expectations, be available and accessible at all times, be
uninterrupted, error free, secure, or free from Destructive Code.
14. Limits to our liability
1. As far as the law allows, we and our affiliates will not be responsible to you (and we
hereby disclaim all liability) for any loss, liability, injury or damage (whether direct,
indirect, incidental, special, punitive or consequential) whatsoever resulting from any:
1. errors, mistakes, or inaccuracies in the Content or the DStv App and BoxOffice
Online Service;
2. personal injury or property damage, of any nature whatsoever, resulting from
access to and use of the DStv App and BoxOffice Online Service;
3. any unauthorised access to or use of our Technology and/or any and all
personal information stored therein;
4. any interruption or cessation of transmission to or from the DStv App and
BoxOffice Online App, the Content, or Technology used by you or us to provide
or receive the DStv App and BoxOffice Online Service or the Content; and/or
5. any Destructive Code which may be transmitted to or through the DStv App
and BoxOffice Online App, the DStv App and BoxOffice Online Website, the
DStv App and BoxOffice Online Service or the Content.
2. The provisions of clause 14.1 apply irrespective of whether any claim you or others
make, or any loss, liability, injury or damage suffered, is based on warranty, contract,
delict or any other legal theory, and whether or not we have been advised of the
possibility of such damages.
15. Indemnity
1. As far as the law allows, you hereby irrevocably indemnify us and our affiliates and
agree to hold us, our affiliates and our suppliers harmless against any loss, liability,
costs, and damages which we or they may suffer as a result of:
1. you infringing or misusing any person's rights, including Intellectual Property
Rights in relation to the DStv App and BoxOffice Online Service and Content;
2. you performing a Prohibited Act;
3. you failing to comply with these DStv App and BoxOffice Online Terms; and/or
4. any deliberate or unlawful act that you commit or a failure to act.
16. Notices and communication
1. Any notices sent to us under these DStv App and BoxOffice Online Terms, including
legal notices, must be delivered to us by hand or registered post at 144 Bram Fischer
Dr, Bordeaux, Randburg, 2194, South Africa. The DStv App and BoxOffice Online
Terms shall be governed by the laws of the Republic of South Africa or by email at
help@dstv.com.
2. Any notices we send to you under these DStv App and BoxOffice Online Terms,
including legal notices, will be delivered to the address you provided upon registration
or any other address which you have given us proper notice about, or to your email
address or cell phone number if you indicated that as your preference on registration.
However any notices that we may send you in other ways which are received by you,
will qualify as adequate notice.
3. If you are a registered User we have also the right to send you notices and
communications about certain issues by SMS, or email or direct message, or when
you log in to the DStv App and BoxOffice Online Account, or on the DStv App and
BoxOffice Online Website, or through the DStv App and BoxOffice Online App. These
issues include:
1. changes or updates to your details;
2. inactivity of your DStv App and BoxOffice Online Account;
3. notices that you are in breach of these DStv App and BoxOffice Online Terms;
4. notices of suspension or termination of, or that we intend to suspend or terminate,
this agreement or the DStv App and BoxOffice Online Service or your use of the
DStv App and BoxOffice Online Service (or any part thereof);
5. notices that we have changed any part of the DStv App and BoxOffice Online
Terms.
4. You may not unsubscribe to receive notices from us regarding the above information.
5. All notices given by us to a Registered User shall be treated as having been given,
and be deemed to have also been given, to the Authorised Users that access or use
the DStv App and BoxOffice Online Service through the Registered User's DStv App
and BoxOffice Online Account. All notices given by us to an Authorised User shall also
be treated as having been given, and be deemed to have also been given, to the
Registered User whose DStv App and BoxOffice Online Account the Authorised User
makes use of. The Registered User and Authorised Users must immediately make
each other aware of notices which may be received from us.
17. References and links to and from other web sites, products
and services
1. The DStv App and BoxOffice Online App and the DStv App and BoxOffice Online
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. We
shall, where reasonable, classify the products and/or services as third party products
or services. Notwithstanding that the products and/or services may be co-branded,
you acknowledge that the agreement for the provision of such third party product or
service is between you and the relevant third party and we shall not be party to such
agreement. Further, we shall not be liable for any act or omission of the third party,
nor the provision of the products or services by the third party to you.
2. The DStv App and BoxOffice Online App and the DStv App and BoxOffice Online
Website may contain references or links to other web sites ("Other Websites") and to
the products, opinions or services of third parties. These references or links are not
intended to be, and should not be interpreted as an endorsement, recommendation,
or affiliation to these Other Web Sites or the opinions, products, services of third
parties. Your use of Other Web Sites or the products or services of third parties will be
entirely at your own risk.
3. To the fullest extent allowed by law, we are not responsible to you for any loss, liability,
expense, claim, penalty or damage, whether direct, indirect, special or consequential,
arising from or related to the reliance on, use or attempted use of Other Web Sites or
the opinions, products or services of third parties.
4. You may not make (and you may not allow any third party to make) any reference to
us, the DStv App and BoxOffice Online Service, the DStv App and BoxOffice Online
App 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 us in
relation to you or a third party, or of your services, products, opinions or conduct or
those of a third party.
18. Miscellaneous provisions
1. These DStv App and BoxOffice Online Terms, and any rights, obligations and licenses
granted hereunder, may not be transferred, ceded, delegated or assigned by you.
2. You agree that we may, at any time, transfer, cede, delegate or assign any or all of
our rights and obligations under these DStv App and BoxOffice Online Terms and we
may do so without your consent. We will notify you if we transfer, cede, delegate or
assign any rights or obligations to a third party, except that we do not need to notify
you if we transfer, cede, delegate or assign any or all rights or obligations to an affiliate.
We may sub-contract our obligations without your consent and we do not have to
inform you if we sub-contract any of our obligations.
3. These DStv App and BoxOffice Online Terms shall apply for the benefit of and be
binding upon each party's successors and assigns.
4. DStv App and BoxOffice Online means MultiChoice Support Services Proprietary
Limited (registration number: 2007/014131/07), a company duly registered and
incorporated in accordance with the laws of the Republic of South Africa with its
address at: 144 Bram Fischer Dr, Bordeaux, Randburg, 2194, South Africa. The DStv
App and BoxOffice Online Terms shall be governed by the laws of the Republic of
South Africa.
5. Our failure to exercise or enforce any right or provision of these DStv App and
BoxOffice Online Terms shall not constitute a waiver of such right or provision.
6. These DStv App and BoxOffice Online Terms make up the whole agreement between
you and us relating to the use of the Content and the DStv App and BoxOffice Online
Service. As far as the law allows, neither you nor we are legally obliged to comply with
any term, condition, undertaking, representation, or promise relating to the DStv App
and BoxOffice Online Service or the Content that is not written in these DStv App and
BoxOffice Online Terms.
7. Each provision of these DStv App and BoxOffice Online Terms, and each part of any
provision, is removable and detachable from the others. As far as the law allows, if
any provision of these DStv App and BoxOffice Online Terms, or part of a provision,
becomes unenforceable, illegal or invalid, it must be treated as if it was not included
in these DStv App and BoxOffice Online Terms, the rest of these DStv App and
BoxOffice Online Terms will still be valid and enforceable.
8. In these DStv App and BoxOffice Online Terms, headings are for convenience and not
to be used in interpreting these terms, and unless expressly stated otherwise or
otherwise required by the context:
1. references to the singular includes the plural and vice versa;
2. words in any particular gender include the other genders (male, female and
neutral). References to a neutral gender (for example 'they' or 'it') include all
genders.
3. words or expressions that are defined or capitalised in these DStv App and
BoxOffice Online Terms shall have the same meaning wherever used in these
DStv App and BoxOffice Online Terms;
4. the word 'including' or 'include' or 'includes' must not be interpreted as limited
to the list following the word or excluding other items from a list following the
word. The word:
1. 'including' means 'including but not limited to';
2. 'include' means 'include but is not limited to'; and
3. 'includes' means 'includes but is not limited to'.
5. where any number of days is given, those days are counted to exclude the first
day but include the last day.
This version of the DStv App and BoxOffice Online service terms and conditions apply from 1 July
2021.