MULTICHOICE AFRICA LTD and MULTICHOICE (PTY) LTD (“MULTICHOICE”)

These terms and conditions (“terms and conditions” or “the terms”) are binding and enforceable against all persons that access the DStv website (“users”) located at , http://www.dstv.com, (“the DStv website”).
By accessing the DStv website, users agree to be bound by the terms effective at the time of such access.
MultiChoice Africa (Pty) Ltd (“MultiChoice”) reserves the right in its sole discretion to vary or amend any of the terms from time to time. In this event, MultiChoice will post the revised terms on the DStv website. Each time the user accesses the DStv website the user agrees to be bound by the terms posted on the DStv website at the time.

Definitions and interpretation

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

Hardware, software and Internet access

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

Allowed use and licence

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

Cost of website access

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

Caching

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

Hyperlinks from website to third party sites

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

Hyperlinks to website

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

Framing

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

Searching

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

User postings on website

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

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

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

Security

MultiChoice does not make any warranties or representations that the DStv website is safe and secure.
No person may, whether intentionally or negligently, do anything to compromise the security and stability of the DStv website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses) to the DStv website or the server and computer network that support the DStv website. The user must take all reasonable steps to prevent compromising the security and stability of the DStv website as set out in this clause.
Any person who contravenes clause 29 will, in addition to any criminal prosecution, be liable for all resulting loss, liability or damage caused, and undertakes, without any limitation, to indemnify and hold MultiChoice harmless against any and all loss, liability or damage MultiChoice or any third party may suffer as a result of such contravention.

Privacy

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

Intellectual property rights and domain name use

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

Disclosures required by s43 of ECT Act

MultiChoice makes the following disclosures required by s43 of the ECT Act:

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

Disclaimer and limitation of liability

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

Offer and acceptance

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

Time, place, manner and attribution of data messages

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

Amendment and termination

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

Entire agreement and variation

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

Applicable and governing law

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

Legal costs

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

Breach

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

Resolution of disputes

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

Pricing

Terms and conditions apply to all pricing. Prices are subject to change without notice. Please contact The Multichoice Call Centre or visit your nearest MultiChoice branch or retailer for latest pricing.

• Subscription price is for monthly subscription only. It includes VAT, excludes decoder dish and installation.
• Fully installed decoder price is the recommended retail price – this includes standard decoder, dish and installation and excludes insurance and monthly subscription. Stand alone decoder price is also recommended retail price and excludes insurance, subscription, dish and installation. All offers are valid while stocks last.

Errors & omissions on various advertising platforms

Multichoice is not liable within reason for communication errors that may occur on various advertising platforms. Confirmation of pricing; cost of hardware; bouquet structure and any other communication will be done via the MultiChoice Call Centre and the Multichoice website.

DSTV ON DEMAND TERMS AND CONDITIONS

Terms and Conditions

1. These terms and conditions (“the terms”) -
* set out the contractual basis upon which you as a subscriber to MultiChoice’s DStv Premium Bouquet will be entitled to access and use the DStv ON DEMAND Service made available on the DStv.com website (this “website”); and
* form a part of and must be read in conjunction the MultiChoice Digital Satellite Terms and Conditions in respect of MultiChoice’s digital services (“DStv Terms and Conditions”) which you have already agreed to in respect of your access to and use of the DStv Premium Bouquet and associated services as a subscriber to the DStv Premium Bouquet.
2. In addition to the DStv Terms and Conditions, the MultiChoice Privacy Policy is also of application to your access and use of the DStv ON DEMAND Service. The DStv Terms and Conditions and the MultiChoice Privacy Policy can be accessed and read by you at www.dstv.com.

Your acceptance of these Terms and Conditions

3. Your access and use of the DStv ON DEMAND Service constitutes your acceptance of the terms of use set out below. If you do not wish to be bound by these terms, you may not access and use the DStv ON DEMAND Service.
4. By accessing and using the DStv ON DEMAND Service, you agree to be bound by the DStv Terms and Conditions and the MultiChoice Privacy Policy applicable at the time of such use.

Interpretation

5. In these terms:
* “DStv ON DEMAND Service” means a service which allows you to view certain Programmes which are broadcast at a specific time on the DStv Premium Bouquet, at a time other than the scheduled broadcast time, by means of the streaming or temporary download of such Programmes to your personal computer (“PC”);
* “DStv Premium Bouquet” means the programming bouquet of MultiChoice’s pay television services that contains the most channels of any programming bouquet offered by MCA and includes any similar successor bouquet;
* “DStv ON DEMAND Desktop” means the software that you are required to install on your PC in order to download and view the Programmes on the DStv ON DEMAND Service;
* “DStv Premium Subscriber(s)” means a person who subscribes to the DStv Premium Bouquet in terms of a subscription agreement with MultiChoice but specifically excludes persons who are commercial subscribers to the DStv Premium Bouquet, including but not limited to hotels, motels, hospitals, places of multiple occupancy, multiple dwelling units, bulk billed establishments and communal areas;
* “Programme(s)” means all video, audio and other content owned or licensed, packaged and broadcast by MultiChoice on the DStv Premium Bouquet; and
* “we”, “our” and “us” means MultiChoice Africa (Proprietary) Limited.
6. We reserve the right to vary or amend any of these terms from time to time. If we elect to amend these terms, we will post the updated terms on this website. All amended terms shall become effective immediately after they are posted on this website, and any subsequent use of this website or of the DStv ON DEMAND Service shall be governed by such amended terms. By accessing and using the DStv ON DEMAND Service, you agree to be bound by the terms effective at the time of such access and use. You are advised to regularly check these terms for any amendments or updates.
7. All words and phrases defined in the DStv Terms and Conditions shall bear corresponding meanings in these terms and all rules of interpretation set out in the DStv Terms and Conditions shall apply equally to these terms.
8. Unless otherwise specifically stated to the contrary, no term or provision contained in these terms is to be interpreted or construed so as to exclude any rights granted by Chapter VII of the Electronic Communications and Transactions Act of 2002 (“ECT Act”) to any natural person who enters into or who intends entering into an electronic transaction with MultiChoice for the provision of the DStv ON DEMAND Service.

The DStv ON DEMAND Service

9. The DStv ON DEMAND Service is only available to DStv Premium Subscribers for private non commercial viewing in standard definition format only.
10. The DStv ON DEMAND Service is made available to DStv Premium Subscribers’ by MultiChoice as an enhancement to their existing subscription to the DStv Premium Bouquet. The cost of the DStv ON DEMAND Service is included in the monthly subscription fee payable by DStv Premium Subscribers to MultiChoice for the DStv Premium Bouquet and as provided for in the DStv Terms and Conditions.
11. The Programmes exhibited on the DStv ON DEMAND Service will solely consist of those Programmes which are first exhibited by means of the linear broadcast of such Programmes on the DStv Premium Bouquet. All Programmes exhibited on the DStv ON DEMAND Service will be selected and determined by MultiChoice within its sole discretion.
12. The DStv ON DEMAND Service is designed to enable you to download and view or stream certain content broadcast by MultiChoice to your PC as follows -
* international movies will be available for a period of 30 (thirty) days from the date of first broadcast of the Programmes on the DStv Premium Bouquet;
* international series will be available for 7 (seven) days from the date of first broadcast of the Programmes on the DStv Premium Bouquet;
* local content will be available for 30 (thirty) days from the date of first broadcast of the Programmes on the DStv Premium Bouquet; and
* sports magazine shows will be available for 30 (thirty) days from the date of first broadcast of the Programmes on the DStv Premium Bouquet
13. MultiChoice will automatically delete all Programmes from the DStv ON DEMAND Service after the expiry of the periods in clauses 12.1 through to 12.4. Once deleted, the Programmes will no longer be made available to you on the DStv ON DEMAND Service.
14. You will be able to view a Programme on the DStv ON DEMAND Service for the running time of such Programme or until the session is terminated. A session will be terminated if you suspend your viewing of a Programme for more than 30 (thirty) minutes.

Registration for the DStv ON DEMAND Service

15. You will have to register in order to access and use the DStv ON DEMAND Service.
16. To register for and to use the DStv ON DEMAND Service, you will be required to -
* agree to these terms;
* provide us with all the information we require, including but not limited to, your name, e-mail address, smart card number and DStv account number; and
* create a username and password. You must provide us with accurate and complete information as stipulated in the registration form or in any other request made by us. Your registration will be rejected if you fail to complete the registration process or to provide as with accurate and complete information as required by us.
17. Once you have registered as a user of the DStv ON DEMAND Service, you will be requested to enter your username and password whenever you log on to access and use the DStv ON DEMAND Service. You shall be solely responsible for keeping all your registration and access details (including your username and password) secret in order to prevent unauthorized access to and use of the DStv ON DEMAND Service by a third party. You agree to notify us immediately should you suspect that a third party has obtained access to your username, password or registration details (“access details”) or if you suspect or are aware of any unauthorized use of your access details.
18. You are solely responsible for any loss or damage suffered by you where any other person accesses and uses the DStv ON DEMAND Service through the use of your access details.
19. You shall ensure that your personal information which is provided to us during the registration process is always accurate, current and complete. You can change these details, including your access details, on the website at any time. To update your personal information, you must log on and access your user profile.

Accessing the DStv ON DEMAND Service

20. Once registered, you will be able to (i) temporally download and view the Programmes on the DStv ON DEMAND Service; or (ii) stream the Programmes on the DStv ON DEMAND Service directly from this website to your PC. Certain Programmes made available on the DStv ON DEMAND Service may contain content subject to age restrictions, strong language, or other material which may offend sensitive users or which may be inappropriate for younger users. In this regard, we will attempt to provide appropriate audience guidelines relating to the the Programmes but we assume no responsibility whatsoever for the implementation of those audience guidelines on any device.
21. You shall take all reasonable steps to prevent the viewing of the Programmes on the DStv ON DEMAND Service by children below the prescribed age restriction specified by MultiChoice, its channel and content suppliers or by any applicable regulatory authority.
22. To access the DStv ON DEMAND Service, you must -
* have access to a PC which has Internet connectivity and which is able to temporally download the Programmes and/or receive streamed Programmes. It is your responsibility to ensure that your PC is compatible with and capable of receiving the DStv ON DEMAND Service; and
* subscribe to an approved ADSL service.
23. Without derogating from the DStv Terms and Conditions -
* it is your responsibility to satisfy yourself, prior to accessing a Programme on the DStv ON DEMAND Service that the Programme meets your individual requirements and that your PC is capable of receiving the Programme and/or has the requisite applications, software, settings and/or bandwidth (collectively, “the application requirements”) to receive the Programme; and
* we shall not be liable for the late delivery of any Programme on the DStv ON DEMAND Service.
24. Click here [insert a link to the list of application requirements] to view the application requirements. We shall not be responsible for (i) any failure in the delivery of the Programme, or (ii) any loss (including loss of data), damage (including damage to a your PC), costs or expenses suffered or incurred by you as a result of any incompatibility of your PC with the DStv ON DEMAND Service.

Permitted use of the DStv ON DEMAND Service

25. You acknowledge that the Programmes and any other material or software made available to you through the DStv ON DEMAND Service are either owned by, or licensed to, MultiChoice and/or its affiliates and is protected by intellectual property law.
26. You shall not use the DStv ON DEMAND Service in any manner that constitutes a violation of any law (including intellectual property law), or an infringement of the rights (including the intellectual property rights) of MultiChoice, its affiliates, its licensors or any third party.
27. You shall not reproduce, modify, copy, perform, transmit or commercially exploit the Programmes on the DStv ON DEMAND Service in any manner whatsoever and you are strictly prohibited from redistributing or copying the Programmes delivered to your PC in any manner whatsoever.
28. In relation to the download player, you shall not -
* modify, disassemble, decompile or reverse engineer the download player;
* sublicense, distribute, rent, sell or otherwise transfer the download player to any third party;
* make a copy of the download player; or
* circumvent or disable any technology features or measures in the download player.
29. You may not interrupt, alter, add to, delete or edit any part of the DStv ON DEMAND Service, or excerpt therefrom any material for any purpose, in any way, nor permit, facilitate or condone any such interruption, alteration, addition deletion or editing or excerpting.
30. You may not hack, reverse engineer, decompile, modify, tamper with or otherwise compromise the security of any digital rights management system or any other security or content protection systems of application to the provision of the DStv ON DEMAND Service or attempt to do so or permit, facilitate or condone any other person doing so.
31. You shall furthermore not use the DStv ON DEMAND Service in a manner that causes the DStv ON DEMAND Service or any part thereof to be interrupted or damaged, or which renders the DStv ON DEMAND Service to be degraded in any manner whatsoever .
32. You indemnify us against any and all loss, damage and expense which we may suffer, or claims which may be made against us which arise from or in relation to your use or misuse of the DStv ON DEMAND Service or this website, any breach by you of these terms, or any fraud or attempted fraud by you.

Geo-blocking

33. Subject to your compliance with these terms and in particular clause 22, the Programmes on the DStv ON DEMAND Service can only be accessed and viewed by you if you are physically in the Republic of South Africa.
34. We shall not be held responsible and/or liable for your inability to access any Programmes on the DStv ON DEMAND Service due to the implementation of geo-blocking.

Disclaimer and exclusion of warranties

35. Without derogating from clauses 16.2 and 16.3 , we shall not be responsible for any Programming disruptions or unavailability resulting from factors beyond our control including, without limitation, the quality of the service provided by the your chosen Internet service provider (“ISP”). In this regard, you acknowledge that the delivery of the Programmes is dependent on your ISP’s network and infrastructure.
36. We provide the DStv ON DEMAND Service and the Programmes on an “as is” and “as available” basis and without any warranty of any kind, express or implied, (including, without limitation, any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies). We make no representations and gives no warranties regarding (i) the quality of the Programmes received by you, (ii) the operation, integrity, compatibility, availability or functionality of the DStv ON DEMAND Service, or (iii) that the DStv ON DEMAND Service and/or the Programmes will -
* be available or accessible at all times;
* be uninterrupted, timely, error-free or secure; or
* meet your requirements.
37. We also make no warranty or representation, whether express or implied, that the DStv ON DEMAND Service or Programmes are free of viruses, destructive materials or any other data or code which is able to harm or otherwise impede in any manner the operation of a computer system, computer network or your PC hardware or software and you accepts all risks in this respect. To the fullest extent permitted by law, in no event will we be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any -
* errors, mistakes, or inaccuracies in the Programmes and/or the DStv ON DEMAND Service;
* personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the DStv ON DEMAND Service;
* any interruption or cessation of transmission to or from our website;
* any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website; and/or
* any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of the DStv ON DEMAND Service or of any Programmes on the DStv ON DEMAND Service,
38. whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages. You further indemnify us against any demand, claim or action relating to or in connection with the DStv ON DEMAND Service unless such demand, claim or action arose as a direct consequence of our gross negligence or wilful misconduct. Any such demand, claim or action shall be limited to direct damages. Special and consequential damages are specifically excluded.
39. We reserve the right, at any time, without notice, to -
* limit or deny access to all or any part of the DStv ON DEMAND Service for purposes of performing any upgrade, repair or maintenance services;
* modify the DStv ON DEMAND Service; or
* discontinue the DStv ON DEMAND Service.
40. Notwithstading the provisions of sections 43(5) and 43(6) of ECT Act, neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use of or inability to use the DStv ON DEMAND Service or Programmes provided through the DStv ON DEMAND Service.

Support
Should you experience any difficulties with any aspect of the DStv ON DEMAND Service, contact us by sending an email to support@dstvondemand.com

Disclosures required by s43 of ECT Act

40. The disclosures which are required in terms of section 43 of the ECT Act can be found on MultiChoice’s website at www.dstv.com.