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  1. SHOWMAX TERMS AND CONDITIONS
  2.  
  3. These ShowMax Terms and Conditions apply to the use of ShowMax and the ShowMax Services. Please read these terms and conditions carefully.
  4.  
  5. All of the terms and conditions in these ShowMax Terms and Conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about terms and conditions that have special consequences for you.
  6.  
  7. Scope of the Terms
  8.  
  9. Your agreement to comply with the Terms
  10.  
  11. You must agree to these ShowMax Terms and Conditions (these "Terms') if you want to use ShowMax and the ShowMax Services.
  12.  
  13. You can agree to these Terms by registering on the ShowMax Website in the way set out in paragraph 2 below, and by clicking on the "Sign Up" button next to the words "By clicking Sign Up, you have read, understood and agree to be bound by the service Terms and Conditions and Privacy Policy".
  14.  
  15. When you agree to these Terms, this will become a legal contract between you and us.
  16.  
  17. If you do not agree to these Terms, you must immediately stop using ShowMax and the ShowMax Services.
  18.  
  19. Meanings of words and phrases in these Terms
  20.  
  21. Specific meanings (definitions) have been given to some words and phrases in these Terms. These words and phrases start with a capital letter. The only defined words that do not always have a capital letter are the words 'you', 'we' and 'us'.
  22.  
  23. A full list of the defined words and phrases, and also the meanings we have given them, is in paragraph 22.1. Sometimes the definitions of a word or phrase can also be found in a paragraph where we use the word or phrase (in the same way that in paragraph 1.2.1 above the phrase "ShowMax Terms and Conditions" is defined as these "Terms"). These words and phrases that have been defined will have the same meaning wherever they are used in these Terms.
  24.  
  25. Changes to the Terms
  26.  
  27. We may, at any time, amend or impose additional terms and conditions relating to the ShowMax Services, ShowMax or the Content.
  28.  
  29. We will notify you of the changes at least 30 days before the changes come into effect in one or more of the following ways:
  30.  
  31. by sending you an email;
  32.  
  33. through a pop-up notice when you access the ShowMax Website; or
  34.  
  35. through a pop-up notice when you log into your ShowMax Account.
  36.  
  37. We have the right to inform you of changes in a shorter period in any of the following circumstances:
  38.  
  39. if the change is required by law; or
  40.  
  41. if it is reasonable to give less than 30 days' notice, having regard to the nature and content of the change.
  42.  
  43. If you do not agree with any changes to these Terms, you may end your use of ShowMax and the ShowMax Services in the way set out in paragraph 10 below.
  44.  
  45. In the event of conflict or inconsistency between these Terms and any other terms and conditions relating to another product or service offered by ShowMax or a third party:
  46.  
  47. the provisions in these Terms will prevail in relation to the ShowMax Services; and
  48.  
  49. the provisions of the other terms and conditions will prevail in relation to the other product or service.
  50.  
  51. How long is our agreement with you?
  52.  
  53. This agreement and your subscription to the ShowMax Services begin when you successfully register for the ShowMax Services on the ShowMax Website and when we accept your registration by sending you a Welcome Email.
  54.  
  55. This agreement and your subscription will automatically continue on a month-to-month basis, until either we or you end the agreement in one of the ways set out in paragraph 10.
  56.  
  57. How to register to use the ShowMax Services
  58.  
  59. You must register to use the ShowMax Services. You can register in the following ways:
  60.  
  61. by completing an electronic registration form which we make available on the ShowMax Website;
  62.  
  63. by logging in through a valid Social Media Account and completing an electronic registration form; or
  64.  
  65. by downloading the ShowMax App and completing the electronic registration form.
  66.  
  67. Only people who have registered and whose registration has been accepted by ShowMax may make use of the ShowMax Services. We reserve the right, acting reasonably, not to accept your registration, in our sole discretion.
  68.  
  69. You must be 18 years or older
  70.  
  71. You must be at least 18 years or older to register for the ShowMax Services.
  72.  
  73. How to register
  74.  
  75. As part of the registration process, you will be required to create a ShowMax Account. You will do this by completing the electronic registration form which will include:
  76.  
  77. creating a username and password;
  78.  
  79. providing us with all the information we require, including but not limited to a valid email address and contact number;
  80.  
  81. providing us with your Payment Details if you choose the premium service option and wish to subscribe to the ShowMax Services; and
  82.  
  83. agreeing to these Terms, the Privacy Policy and the Website Terms of Use.
  84.  
  85. Once you have provided us with your registration details and agreed to these Terms, the Privacy Policy, and the Website Terms of Use, we will confirm your registration by sending you a Welcome Email
  86.  
  87. All information you give 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. Your registration can also be rejected if you fail to properly complete the electronic registration process.
  88.  
  89. Choose your package
  90.  
  91. Once your ShowMax Account has been created you must choose your package. You can choose between either the free service option or the premium service option.
  92.  
  93. Free service option
  94.  
  95. If you select the free service option, we will only give you access to limited free Content. You will not be able to access all of the ShowMax Services or enjoy access to the entire Content library.
  96.  
  97. If you wish to change to the premium service option, you may do so by following the steps on the ShowMax Website.
  98.  
  99. Premium service option
  100.  
  101. If you select the premium service option, you will be subscribing to the ShowMax Services and will enjoy access to the entire Content library.
  102.  
  103. You must provide us with your Payment Details, which we will authenticate before linking it to your ShowMax Account. Subject to paragraph 8.1, we may give you access to the ShowMax Services for a Free Trial period. Your subscription to the ShowMax Services will begin when we send you the Welcome Email. We will bill you as set out in paragraph 8.2 below.
  104.  
  105. We can refuse to let you register or to use ShowMax or the ShowMax Services
  106.  
  107. We may refuse to let you register or to use ShowMax or the ShowMax Services. We may do this even if you complete the registration process and agree to the Terms, the Privacy Policy and the Website Terms of Use.
  108.  
  109. We do not need to give you reasons if we do not let you register or to use ShowMax or the ShowMax Services.
  110.  
  111. Updating your details
  112.  
  113. You must tell us if the information you give us changes or if details we have for you change, or if they are incorrect or incomplete.
  114.  
  115. You will be able to edit your own details when you log into your ShowMax Account on the ShowMax Website. You can also update your details by contacting our support agents as set out in paragraph 20. We will send you an email confirming any updates or changes which you make to your details.
  116.  
  117. We will use and rely on the most recent details which you have provided to us. It is your responsibility to update us if the 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.
  118.  
  119. Paragraph 3.7 has important legal consequences for you. In this paragraph"
  120.  
  121. you take on responsibility and risks;
  122.  
  123. ShowMax's responsibility and liability to you is limited or excluded;
  124.  
  125. your rights and claims against ShowMax are limited and excluded
  126.  
  127. It is your responsibility to update your details if they change. We will rely on the most recent details which you have provided to us. We will not be responsible or liable if you do not update your details, or we do something using incorrect details which you have provided to us.
  128.  
  129. You will not be able to take action against us for any losses or damages which you may suffer in these circumstances.
  130.  
  131. Your ShowMax Account
  132.  
  133. After you complete the registration process described in paragraph 3.4, we will create your ShowMax Account.
  134.  
  135. You will need to use your email address and password in order to access your ShowMax Account and to use the ShowMax Services.
  136.  
  137. Keep your ShowMax Account secure and your password secret
  138.  
  139. You must keep your password secret.
  140.  
  141. You are responsible for all use of your ShowMax Account and your password.
  142.  
  143. If you forget your password, or you want to change your password, you can do so by logging on to the ShowMax Website and selecting the "forgot password" button.
  144.  
  145. Whenever a person uses the ShowMax Services, or performs any other act, with your password or through your ShowMax Account, we will treat this as if it was done by you and with your approval.
  146.  
  147. You must take all reasonable and appropriate measures not to share, display in public, or make your password and Payment Method details available to any person who is not authorised to access your ShowMax Account.
  148.  
  149. You must notify us immediately by sending us an email at support@showmax.com if you suspect that another person has obtained unauthorised access to your ShowMax account, or password, or if you are aware of any unauthorized use of your ShowMax Account or password. You will be responsible for changing your privacy settings on your ShowMax Account as soon as you become aware of any unauthorised access or use.
  150.  
  151. You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your ShowMax Account.
  152.  
  153. As far as the law allows, we will not be responsible for any loss or damage you may suffer if any other person uses your password or accesses your ShowMax Account or the ShowMax Services using your ShowMax Account, without your approval or consent.
  154.  
  155. This paragraph 5 has important legal consequences for you. In this paragraph 5:
  156.  
  157. the legal responsibilities and liabilities of ShowMax are excluded or limited;
  158.  
  159. rights and claims you have against ShowMax are limited or excluded; and
  160.  
  161. you take on responsibilities and liability.
  162.  
  163. You take on responsibility and liability for everything that is done with your password and ShowMax Account. You will also have no claims against ShowMax because of anything that is done with your password and ShowMax Account.
  164.  
  165. We will not be responsible or liable for anything that happens if you do not keep your password secret. We will also not be responsible or liable if someone uses your password or ShowMax Account without your permission. You accept that various things can go wrong if someone uses your password or ShowMax Account without your permission.
  166.  
  167. How to use the ShowMax Services
  168.  
  169. You need to have Internet access and the correct Access Devices
  170.  
  171. To access the Content, you must have an Access Device, which is able to connect to the Internet and to stream and receive Content. You must register this Access Device to your ShowMax Account.
  172.  
  173. You may register up to four Access Devices to your ShowMax Account at a time. You will only be able to watch two concurrent streams at a time. You will be able to remove Access Devices from your ShowMax Account, which you no longer use or to make space if you wish to add additional Access Devices.
  174.  
  175. The Access Device must meet the minimum technical specifications as set out on the ShowMax Website at http://www.showmax.com/help
  176.  
  177. Certain Access Devices and operating software may not work with the ShowMax App or the ShowMax Services due to limitations or constraints specific to the Access Device or the software. We will not be responsible for your inability to access the ShowMax Services and Content due to limitations specific to your Access Device.
  178.  
  179. You, at your own cost, are responsible for obtaining and maintaining:
  180.  
  181. the Access Devices;
  182.  
  183. adequate and reliable Internet access from a suitable service provider; and
  184.  
  185. all telecommunications facilities, software, services, products and other equipment needed to access the Internet or to stream the Content ("IT Facilities").
  186.  
  187. If the 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 the ShowMax Services.
  188.  
  189. 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.
  190.  
  191. Paragraphs 6.1.4, 6.1.5 and 6.1.7 have important legal consequences for you. In these clauses:
  192.  
  193. the legal responsibilities of ShowMax are excluded or limited;
  194.  
  195. you take on responsibilities and liability; and
  196.  
  197. any rights you have against ShowMax are limited or excluded.
  198.  
  199. You are responsible for ensuring that your Access Device has the necessary software and capabilities to access and play the Content and that you have access to the necessary IT Facilities to stream the Content and use the ShowMax Services. It is your responsibility to make sure that you pay all charges for IT Facilities and any data that you use. ShowMax will not be responsible or liable for any of these charges, or if you cannot access the ShowMax Website or watch the Content.
  200.  
  201. How to access the Content
  202.  
  203. You will be able to access the Content:
  204.  
  205. by logging in to your ShowMax Account on the ShowMax Website; or
  206.  
  207. by downloading the ShowMax App on to a registered Access Device and logging in to your ShowMax Account.
  208.  
  209. Your use of the ShowMax App is subject to its own licence terms and conditions contained in a separate end-user licence agreement, which is available at http://www.showmax.com/licence-agreement (the "ShowMax App Licence Agreement"). You will be required to agree to the ShowMax App Licence Agreement when you download the ShowMax App.
  210.  
  211. There may be updates to the ShowMax App that we may make available from time to time. You will be required to install the updates in order to continue to use the ShowMax Services.
  212.  
  213. Once you have logged in to your ShowMax Account, you may select the Content that you wish to view by way of streaming or progressive download.
  214.  
  215. It is your responsibility to satisfy yourself, prior to accessing the Content, that the Content meets your individual requirements.
  216.  
  217. Your use of the ShowMax Services and of the Content is subject to the rest of these Terms.
  218.  
  219. We may continuously update the ShowMax Services, including the Content library. We reserve the right to make changes from time to time in how we offer, provide and operate the ShowMax Services and Content.
  220.  
  221. What you are not allowed to do
  222.  
  223. The ShowMax Services may only be used by you in a lawful manner and for your personal and non-commercial purposes (the "Permitted Use").
  224.  
  225. You must not, directly or indirectly, do any of the following things or allow anybody else to do so:
  226.  
  227. perform any action that violates any of these Terms;
  228.  
  229. commit fraud;
  230.  
  231. perform any action which violates or infringes any intellectual property rights listed in paragraph 11 below;
  232.  
  233. infringe or violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
  234.  
  235. use technology or other means to access, index, frame or link to the ShowMax Services (including the Content) in a way that is not authorized by us;
  236.  
  237. use Technology or other means to remove, disable, bypass, or circumvent any content protection or access control mechanisms intended to prevent the unauthorized download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the Content or the ShowMax Services;
  238.  
  239. accessing the ShowMax Services (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 ShowMax Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  240.  
  241. introduce any Destructive Code into the Content or the Technology used by ShowMax or any other person, including in the ShowMax Website, the ShowMax App or the ShowMax Services;
  242.  
  243. damage, disable, overburden, impair, or gain unauthorized access to the Content, the ShowMax Services, the ShowMax Website, Technology used by ShowMax or other persons, or the ShowMax Accounts of other users or Subscribers;
  244.  
  245. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the ShowMax Services (including the Content);
  246.  
  247. exceed more than two concurrent streams of Content at any time;
  248.  
  249. use the ShowMax Services to advertise or promote products or services that are not expressly approved in advance in writing by us;
  250.  
  251. collect or process information in violation of our Privacy Policy;
  252.  
  253. encourage conduct that would constitute a criminal offense or give rise to civil liability;
  254.  
  255. violate these Terms or any guidelines or policies posted by us;
  256.  
  257. interfere with any other person's use and enjoyment of the ShowMax Services;
  258.  
  259. attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the ShowMax Services or the Content;
  260.  
  261. receive or charge money, favours or other consideration for allowing any other person to use or access the ShowMax Services, the Content or your ShowMax Account; or
  262.  
  263. attempt to do any of the acts listed above,
  264.  
  265. (all of the above are called "Prohibited Acts").
  266.  
  267. These Terms and any restrictions on the use of the ShowMax Service will also apply to any part of the ShowMax Website and Content which is cached when using the ShowMax Service or the ShowMax Website.
  268.  
  269. We may use Technology and other means to monitor that you are complying with these Terms.
  270.  
  271. Access to the Content in the Territory
  272.  
  273. 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.
  274.  
  275. You must not attempt to access restricted Content.
  276.  
  277. We reserve the right to implement Technologies, including Geo-blocking technology, and other measures in order to verify your geographic location and monitor that you are not accessing restricted Content from restricted geographic locations.
  278.  
  279. Restrictions on the Content and the ShowMax Services
  280.  
  281. We may, in our sole discretion:
  282.  
  283. select and determine the Content that will be available for streaming or download, or as part of the ShowMax Services;
  284.  
  285. change, remove and update the Content that will be available for streaming or download, or as part of the ShowMax Services, from time to time;
  286.  
  287. restrict access to Content to particular Subscribers;
  288.  
  289. make different Content available to different Subscribers in different geographical locations; and
  290.  
  291. choose whether to make available certain Content to any particular Subscriber or at any particular time.
  292.  
  293. The quality of the ShowMax Services and the Content, and your ability to receive the ShowMax Services 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:
  294.  
  295. your location;
  296.  
  297. the bandwidth available;
  298.  
  299. your Access Devices and their functionality or capabilities;
  300.  
  301. the speed of your Internet connection;
  302.  
  303. the services provided by your service providers; and
  304.  
  305. the communications facilities being used by you.
  306.  
  307. 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.
  308.  
  309. Content will be available up to standard definition ("SD") and high definition ("HD"). We may, in our sole discretion, provide Content up to ultra high definition ("Ultra HD") in the future. Not all Content will be available in Ultra HD. Your ability to stream Content in HD and Ultra HD is subject to various factors outside of our control, including the factors set out in paragraph 7.2 above.
  310.  
  311. Age restrictions
  312.  
  313. Certain Content may be subject to age restrictions, contain strong language or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. 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.
  314.  
  315. It is your responsibility to manage access and you must take all reasonable steps to prevent the viewing of Content by children below the prescribed age restriction specified by us or by any applicable regulatory authority. You may limit the age restriction level of Content viewable by other viewers with our parental control feature where available, which is also available on the ShowMax Website.
  316.  
  317. Unless otherwise expressly stated in these 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.
  318.  
  319. Paragraph 7 has important legal consequences for you. In this paragraph you accept that:
  320.  
  321. the legal responsibilities and liability of ShowMax are excluded or limited; and
  322.  
  323. the rights and claims which you have against ShowMax are limited or excluded.
  324.  
  325. As a result of paragraph 7, you will not have claims against ShowMax where ShowMax exercises any of its rights or where the events set out in paragraph 7.1 happen
  326.  
  327. ShowMax is not responsible for the slow downloading or streaming of the Content, the bandwidth required to stream or download the Content, or for the quality of the Content. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  328.  
  329. Payment and Billing
  330.  
  331. Free trial terms and conditions
  332.  
  333. We may sometimes allow you to use the ShowMax Services for a free trial period of 7 days, or such other period specified upon registration ("Free Trial").
  334.  
  335. Free Trials are strictly reserved for new Subscribers that register for the ShowMax Services for the first time. You will not qualify for a Free Trial if your Payment Details have been used to pay for a subscription on another ShowMax Account or if you have registered before.
  336.  
  337. We reserve the right, in our sole discretion, to determine whether a Subscriber is entitled to a Free Trial.
  338.  
  339. You may cancel your Subscription during or at the end of the Free Trial if you do not wish to pay the Monthly Fee. You will continue to have access to the ShowMax Services for the remainder of the 7 day period, even if you cancel the Free Trial.
  340.  
  341. Monthly subscription fees
  342.  
  343. Your subscription to the ShowMax Services will continue on a month to month basis, for the Monthly Fee, until we or you end this agreement in the way set out in paragraph 10. If you receive a Free Trial and do not cancel your subscription to the ShowMax Services before the end of the Free Trial period, your subscription to the ShowMax Services will continue on a month to month basis, for the Monthly Fee, until we or you end this agreement.
  344.  
  345. The Monthly Fee excludes any Internet, data, service provider or Access Device costs, which shall be for your own account.
  346.  
  347. The Monthly Fee is payable each month in advance and we will bill you on or within a reasonable period after your Monthly Billing Date. Should we bill you after your Monthly Billing Date, you will continue to have access to the ShowMax Services until billing takes place.
  348.  
  349. Changes to Monthly Fee
  350.  
  351. 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 paragraph 8.3.3 will apply.
  352.  
  353. We will give you at least 30 days prior written notice of any increases to the Monthly Fee.
  354.  
  355. Where the increase in the Monthly Fee is more than 10% and you do not agree to the adjusted Monthly Fee, you may cancel your subscription in accordance with paragraph 10.
  356.  
  357. Payment Method
  358.  
  359. You will be required to complete billing details to complete the registration process. This will include selecting your preferred Payment Method.
  360.  
  361. By registering for the ShowMax Services and providing your designated Payment Method, you authorise us to charge you the Monthly Fee at the then current rate, and any other charges you may incur with the use of the ShowMax Services to your Payment Details that you have provided as your Payment Method.
  362.  
  363. You must provide current, valid and accepted Payment Details upon registration, which we will authenticate. The same details will be used to pay for the ShowMax Services depending on the selected Payment Method.
  364.  
  365. If there is a change in your Payment Details, you are required to immediately update the information by logging onto the ShowMax Website and updating your ShowMax Account. You may change your Payment Method information through your ShowMax Account on the ShowMax Website.
  366.  
  367. You must ensure at all times that you keep your Payment Details updated and that you have sufficient funds available to pay for the ShowMax Services.
  368.  
  369. If you change your Payment Details we will need to authenticate the new Payment Details prior to the new Payment Details being accepted. We will inform you once your new Payment Details have been accepted.
  370.  
  371. 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 recurring basis. You will be billed in US dollars 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.
  372.  
  373. In addition to clause 8.4.2 and subject to clause 8.4.7, 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/or changing your package, 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 billing agreement by logging onto your account profile with PayPal. 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 billing payment from the Payment. Details you have elected as your Payment Method for a period of two additional days from the date payment is due.
  374.  
  375. 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 billing payment from the Payment. Details you have elected as your Payment Method for a period of two additional days from the date payment is due.
  376.  
  377. 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 for the purposes of making payments.
  378.  
  379. We will notify you if payment is unsuccessful and if we are unable to collect payment from your Payment Details. We may suspend your subscription to the ShowMax Services if we are unable to collect payment successfully, as set out in paragraph 9. Even if we suspend your subscription, you will still be responsible for all uncollected amounts which are due to us up until we cancelled your subscription.
  380.  
  381. Sales records and invoices
  382.  
  383. We will provide you with a sales record of the transactions, order history and invoices which you can view when you log in to your ShowMax Account on the ShowMax Website. At your election, we will also provide the sales record and invoices to you:
  384.  
  385. by sending you an email; or
  386.  
  387. by sending it to you via post.
  388.  
  389. Vouchers and promotions
  390.  
  391. We may, in our sole discretion, offer vouchers to selected Subscribers which enable Subscribers to access the ShowMax Services for a discounted rate (or free period, as the case may be) subject to terms and conditions. The terms and conditions relating to such vouchers will be disclosed on the ShowMax Website or in other communications made available to you.
  392.  
  393. 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 Terms will be disclosed on the ShowMax Website or in other communications made available to you.
  394.  
  395. Refunds
  396.  
  397. 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.
  398.  
  399. We do not provide refunds because once you register, you will receive the benefit of the Free Trial.
  400.  
  401. If you wish to end your subscription, you must do this in the way set out in paragraph 10.1.
  402.  
  403. We may suspend the ShowMax Services or your use of the ShowMax Services
  404.  
  405. We may temporarily suspend part or all of the ShowMax Services, the operation of the ShowMax Website, or your use of the ShowMax Services or your ShowMax Account, in any one or more of these circumstances:
  406.  
  407. we need to perform maintenance on, or updates to, the ShowMax Website, or any of the systems, software, technology or other infrastructure that we use to provide the ShowMax Services;
  408.  
  409. we become aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the ShowMax Website, the ShowMax Services, the Content or your ShowMax Account;
  410.  
  411. we have reasonable grounds to believe that the ShowMax Website, the ShowMax Services or the Content are being used negligently, fraudulently, illegally or in a way that we have not given permission for;
  412.  
  413. 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);
  414.  
  415. we reasonably believe that your password has been lost or stolen or disclosed to an unauthorised person;
  416.  
  417. we become aware that any information you have provided is false, inaccurate, incomplete or misleading;
  418.  
  419. we must do so to comply with the law; or
  420.  
  421. a court or regulator tells us to do this.
  422.  
  423. The suspension will continue for so long as we reasonably believe is appropriate.
  424.  
  425. We will notify you if we suspend part or all of the ShowMax Services or your use of the ShowMax Services or your ShowMax account, where it is reasonably practical to do so.
  426.  
  427. We can suspend the ShowMax Services in the event of non-payment
  428.  
  429. We may temporarily suspend part or all of the ShowMax Services, or your use of the ShowMax Services or your ShowMax Account if payment is unsuccessful and if we are unable to collect payment from your Payment Details.
  430.  
  431. We will notify you to inform you that we are suspending part or all of the ShowMax Services, or your use of the ShowMax Services or your ShowMax Account due to payment not taking place.
  432.  
  433. The suspension will continue for as long as all uncollected amounts which are due to us have been paid by you.
  434.  
  435. After you have paid us all uncollected amounts which are due to us, you may choose whether:
  436.  
  437. you wish to end your subscription to the ShowMax Services as set out in paragraph 10.1; or
  438.  
  439. you wish to reactivate your subscription to the ShowMax Services and ShowMax Account which was previously suspended as set out in paragraph 10.4.
  440.  
  441. Paragraphs 8 and 9 have important legal consequences for you. In this paragraph:
  442.  
  443. you take on responsibilities and liabilities;
  444.  
  445. the legal responsibilities and liabilities of ShowMax are limited or excluded;
  446.  
  447. ShowMax may have claims against you.
  448.  
  449. You take on responsibility and liability to keep your Payment Details current, valid and up to date, to update your Payment Details in the event of any changes and to ensure you have enough funds to pay for the ShowMax Services.
  450.  
  451. We will debit your Payment Details and will not be responsible or liable if a payment is not successfully made or collected due to expiration, insufficient funds, incorrect Payment Details or another reason.
  452.  
  453. We are not responsible or liable for any acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers for the purposes of making payments.
  454.  
  455. We may have claims against you if payment is unsuccessful, in addition to our rights to suspend your subscription and continue debiting your Payment Details.
  456.  
  457. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  458.  
  459. Ending this agreement
  460.  
  461. How you may end your use of the ShowMax Services
  462.  
  463. You may end this agreement and cancel your subscription to the ShowMax Services at any time without reason.
  464.  
  465. In order to cancel the ShowMax Services, you must access your ShowMax Account on the ShowMax Website and follow the instructions for cancellation.
  466.  
  467. You must cancel your subscription on or before the next Monthly Billing Date to avoid the next billing. As far as the law allows, any payment of the Monthly Fee already made at the date of cancellation will not be refunded.
  468.  
  469. If you are using a third party as a Payment Method and wish to cancel your subscription to the ShowMax Services 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 ShowMax Services may be made accessible on your account with the applicable third party.
  470.  
  471. How we may end this agreement by giving you notice
  472.  
  473. We reserve the right at any time and for any reason to terminate:
  474.  
  475. our agreement with you;
  476.  
  477. the operation or availability of the ShowMax Website, the ShowMax Services or any of the Content or any part thereof; or
  478.  
  479. your right to use the ShowMax Website, the ShowMax Services or any of the Content.
  480.  
  481. Where we do these things, we will give you 30 days prior written notice unless:
  482.  
  483. the termination is required by law; or
  484.  
  485. it is reasonable to give less than 30 days, having regard to the reasons why we are taking these actions.
  486.  
  487. How we may immediately end this agreement
  488.  
  489. We may end this agreement and terminate your use of ShowMax, the Content, the ShowMax Website and the ShowMax Services immediately at any time in one or more of the following circumstances:
  490.  
  491. where you breach a material provision of these Terms, and fail to remedy the breach after we have given you 10 days' notice (or such shorter period where this is reasonable);
  492.  
  493. where you breach the ShowMax App Licence;
  494.  
  495. where we have reasonable grounds to believe you are committing a Prohibited Act (and you have not obtained our consent);
  496.  
  497. if you attempt to access restricted Content from restricted geographical locations;
  498.  
  499. where we have reasonable grounds to believe you are engaged in illegal or improper use of the ShowMax Services or the Content;
  500.  
  501. where we must do so to comply with the law; or
  502.  
  503. where a court of regulator tells us to do this.
  504.  
  505. Consequences of termination
  506.  
  507. Consequences if you end this agreement
  508.  
  509. When you end this agreement, your rights to use the ShowMax Services will continue until the end of your current billing period and you will be unsubscribed from the ShowMax Services on the next Monthly Billing Date. The ShowMax Services will continue up until the next Monthly Billing Date even if there is no usage on your ShowMax Account or you do not use the ShowMax Services for the remainder of the month following the cancellation. This means that you will have access to the ShowMax Services and Content for the remainder of that period.
  510.  
  511. Consequences if we end this Agreement
  512.  
  513. When we end this agreement or your rights to use the ShowMax Services, your rights to use the Content and ShowMax Services will end on the date that we tell you in the notice that we give you when we end this agreement or your rights to use the ShowMax Services. You must stop using the ShowMax Services and the Content from that date.
  514.  
  515. Terms which do not end
  516.  
  517. Many provisions of these Terms will continue after this agreement or your subscription to the ShowMax Services 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 ShowMax Services.
  518.  
  519. Some of the provisions in these Terms which continue include (but is not limited to):
  520.  
  521. terms and conditions where our liabilities or responsibilities are excluded or limited, including amounts which you can claim from us;
  522.  
  523. terms and conditions where the rights you have against us are limited or excluded;
  524.  
  525. terms and conditions where you take on responsibility for certain losses or damages that may happen;
  526.  
  527. the Privacy Policy; and
  528.  
  529. the definitions and interpretation clauses of these Terms.
  530.  
  531. Intellectual property
  532.  
  533. You acknowledge that the Content made available to you through the ShowMax Services is owned by, or licensed to, us and is protected by laws, including intellectual property law.
  534.  
  535. You must not use the ShowMax Services or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the Intellectual Property Rights), the rights of our licensors or any third party.
  536.  
  537. 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.
  538.  
  539. All Intellectual Property Rights, including all rights, title and interest in and to the ShowMax Services, ShowMax Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
  540.  
  541. You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the ShowMax Services, the ShowMax Website or the Content other than those rights expressly granted to you in these Terms.
  542.  
  543. 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.
  544.  
  545. Privacy Policy
  546.  
  547. We collect and process personal information about you when you register for and use the ShowMax Services. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy accessible at http://www.showmax.com/privacy-policy
  548.  
  549. The provisions of our Privacy Policy are incorporated in these Terms by reference, and by agreeing to these Terms you also agree to be bound by the provisions of the Privacy Policy, as if its provisions have been included in these Terms in full.
  550.  
  551. You must read the Privacy Policy carefully and ensure that you know and accept that this means you give up certain rights you have to privacy and that the provisions in the Privacy Policy are as if they were written in these Terms.
  552.  
  553. The Privacy Policy contains parts where:
  554.  
  555. ShowMax's responsibilities, liabilities and risks are excluded or limited); and
  556.  
  557. rights and remedies you have against ShowMax are excluded or limited, including the amounts you may claim from us; and
  558.  
  559. you take on responsibility and liability and risks;
  560.  
  561. you make promises to us; and
  562.  
  563. we identify some of the things that can go wrong or that might be dangerous when using the ShowMax App or ShowMax Services;
  564.  
  565. In the Privacy Policy we have explained how these parts may affect you. We have done this where these parts appear in the Privacy Policy. The table below tells you where to find these parts in the Privacy Policy. The explanations are written in bold and inside boxes where these parts appear. Please read these parts and the explanation in the Privacy Policy carefully.
  566.  
  567. 1.3 - Your consent to the Processing of your Personal Information on the terms and conditions set out in this Privacy Policy
  568.  
  569. 6 - Compulsory information and consequences of not sharing with us
  570.  
  571. 8 - Storage and transfer of your Personal Information
  572.  
  573. 9 - Security
  574.  
  575. 12- You give up your rights
  576.  
  577. 15 - Children
  578.  
  579. 17 - Third party sites
  580.  
  581. Website Terms of Use
  582.  
  583. The Website Terms of Use applies to your general use of the ShowMax Website.
  584.  
  585. The provisions of our Website Terms of Use are incorporated in these Terms by reference, and by agreeing to these Terms you also agree to be bound by the provisions of the Website Terms of Use, as if its provisions have been included in these Terms in full.
  586.  
  587. You must read the Website Terms of Use carefully and ensure that you know and accept that the provisions in the Website Terms of Use are as if they were written in these Terms.
  588.  
  589. The Website Terms of Use contain parts where:
  590.  
  591. ShowMax's responsibilities and liabilities and risks are excluded or limited; and
  592.  
  593. rights and remedies you have against ShowMax are excluded or limited, including the amounts you may claim from us; and
  594.  
  595. you take on responsibility and liability and risks;
  596.  
  597. you make promises to us; and
  598.  
  599. we identify some of the things that can go wrong or that might be dangerous when using the ShowMax Website;
  600.  
  601. In the Website Terms of Use we have explained how these parts may affect you. We have done this where these parts appear in the Website Terms of Use. The table below tells you where to find these parts in the Website Terms of Use. The explanations are written in bold and inside boxes where these parts appear. Please read these parts and the explanation in the Website Terms of Use carefully.
  602.  
  603. 35 - Your consent to the Processing of your Personal Information on the terms and conditions set out in the Privacy Policy
  604.  
  605. Disclaimer, exclusion of warranties, limitation of liability and indemnity
  606.  
  607. Disclaimer and exclusion of warranties
  608.  
  609. As far as the law allows, the ShowMax Services, ShowMax 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).
  610.  
  611. As far as the law allows, we make no representations and give no warranties that the ShowMax Services and Content:
  612.  
  613. will be tailored to meet your personal requirements or expectations;
  614.  
  615. will be available and accessible at all times;
  616.  
  617. will be uninterrupted, error free, secure, or free from Destructive Code.
  618.  
  619. Paragraph 14.1 has important legal consequences for you. In this paragraph:
  620.  
  621. the legal responsibilities and liabilities of ShowMax are excluded or limited;
  622.  
  623. any rights you have against ShowMax are limited or excluded; and
  624.  
  625. you take on the responsibility and risk.
  626.  
  627. There are things that may go wrong when you use the ShowMax Services or ShowMax App, ShowMax will not be responsible or liable for anything that goes wrong. You use the ShowMax App and ShowMax Services knowing and accepting that things can go wrong and there are risks. We make no promises that the Content or ShowMax Services will always be available or that the ShowMax Services or Content will not be interrupted, free from errors or free from viruses or that the ShowMax Services or Content is suited for your particular needs. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  628.  
  629. Limits to our liability
  630.  
  631. As far as the law allows, we will not be responsible to you (and disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential)whatsoever resulting from any:
  632.  
  633. errors, mistakes, or inaccuracies of the Content;
  634.  
  635. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the ShowMax Services;
  636.  
  637. any unauthorised access to or use of our servers and/or any and all personal information stored therein;
  638.  
  639. any interruption or cessation of transmission to or from the ShowMax App, the Content, or Technology used by you or us to provide or receive the ShowMax Services or the Content;
  640.  
  641. any Destructive Code, which may be transmitted to or through the ShowMax App, the ShowMax Website, the ShowMax Services or the Content; and/or
  642.  
  643. 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.
  644.  
  645. Paragraph 14.2 has important legal consequences for you and must be read carefully. In this paragraph:
  646.  
  647. the legal responsibilities and liabilities are limited or excluded;
  648.  
  649. the rights or remedies you may have against ShowMax are limited or excluded; and
  650.  
  651. rights and remedies that you may have against ShowMax for harm, losses or damages that might happen, are excluded.
  652.  
  653. There are things that may go wrong when using the Internet. ShowMax is not responsible or liable for anything that goes wrong, including what is listed in paragraph 14.2.1 above. You use the ShowMax Website and the ShowMax Services knowing and accepting that these things can go wrong and that there are risks. You will not be able to take action against ShowMax if you suffer a loss or damages in these circumstances.
  654.  
  655. Indemnity
  656.  
  657. As far as the law allows, you indemnify us and agree to hold us , our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
  658.  
  659. you infringing or misusing any persons rights, including Intellectual Property Rights in relation to the ShowMax Services and Content;
  660.  
  661. you performing a Prohibited Act; or
  662.  
  663. any deliberate or unlawful act that you commit or a failure to act.
  664.  
  665. Paragraph 14.3 is important and must be read carefully. It:
  666.  
  667. limits or excludes ShowMax's legal responsibilities and liability;
  668.  
  669. limits or excludes the legal responsibilities and liability of various persons or entities;
  670.  
  671. places legal responsibilities and liabilities and risks on you.
  672.  
  673. In certain instances ShowMax or other persons or entities may have claims for damage caused by you, for example, when you infringe the Intellectual Property Rights of others, perform a Prohibited Act as stated in paragraph 6.3 or any other unlawful act or failure to act. You agree to take on responsibility and liability for losses and damages ShowMax or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you.
  674.  
  675. You will not be able to take action against ShowMax if you suffer losses or damages in these circumstances.
  676.  
  677. Giving notices to each other
  678.  
  679. Addresses where we agree to accept notices, including legal notices
  680.  
  681. Any notices sent to us under these Terms, including legal notices, must be delivered to us at any one of the following addresses:
  682.  
  683. By hand or post: ShowMax, a division of MSS
  684. 144 Bram Fischer Drive
  685. Randburg, 2194
  686.  
  687. By email: support@showmax.com
  688.  
  689. These addresses are known in law as our domicilium citandi et executandi.
  690.  
  691. Addresses where you agree to accept notices, including legal notices
  692.  
  693. Any notices we send to you under these 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. If you change addresses but do not tell us by by updating your details on the ShowMax Website you agree that you will accept notices, including legal notices, at the address which you provided at registration.
  694.  
  695. If you chose email as your preferred method of communication at registration, you agree that we may deliver notices, including legal notices, to your email address.
  696.  
  697. These addresses are known in law as your domicilium citandi et executandi
  698.  
  699. Time periods for notices, including legal notices
  700.  
  701. As far as the law allows, we both agree that any notice delivered under these Terms is treated as being received:
  702.  
  703. on the date of delivery, if delivered by hand to the physical address;
  704.  
  705. 10 days after posting, if sent by ordinary mail to a postal address;
  706.  
  707. on the first business day after sending an email;
  708.  
  709. at 09h00 on the first business day after sending a SMS to your mobile number.
  710.  
  711. Communications
  712.  
  713. We have the right to send you notices and communications about the following issues by SMS, email or direct message when you log in to the ShowMax Account on the ShowMax Website or ShowMax App:
  714.  
  715. increases to Monthly Fees;
  716.  
  717. changes or updates to your details
  718.  
  719. inactivity of your ShowMax Account;
  720.  
  721. notices that we intend to suspend or terminate this agreement or the ShowMax Services;
  722.  
  723. notices that we have amended or updated any part of the Terms; and
  724.  
  725. notices about billing or payment information.
  726.  
  727. You may not unsubscribe to receive notices from us regarding the above information.
  728.  
  729. Direct marketing communications
  730.  
  731. We may send you notices and communications from time to time about marketing offers, newsletters or other recommendations or information which we may think will be relevant or interesting to you.
  732.  
  733. If we suspend the ShowMax Services or your subscription to the ShowMax Services as set out in paragraph 9, we will continue to send you notices and communications about marketing offers, newsletters or other recommendations.
  734.  
  735. You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.
  736.  
  737. You can also contact us on the details provided in paragraph 20 for assistance in unsubscribing from marketing communications.
  738.  
  739. References and links to and from other web sites, products and services
  740.  
  741. The ShowMax Apps and the ShowMax 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.
  742.  
  743. The ShowMax App and the ShowMax 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.
  744.  
  745. 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.
  746.  
  747. You may not make (and you may not allow any third party to make) any reference to us, the ShowMax Services, the ShowMax 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.
  748.  
  749. Paragraph 17.3 has important legal consequences for you. It:
  750.  
  751. excludes or limits ShowMax's legal responsibilities, including the amounts you can claim from ShowMax;
  752.  
  753. limits or excludes any rights you have against ShowMax; and
  754.  
  755. places legal responsibilities and liabilities and risks on you.
  756.  
  757. ShowMax is not liable if you suffer losses or damages when visiting another third party website by following a link to that web site from the ShowMax Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
  758.  
  759. The ECT Act
  760.  
  761. Variation of certain deeming provisions in the ECT Act
  762.  
  763. By registering on the ShowMax Website and clicking that you accept these Terms you agree that these Terms create a binding agreement between us and you, even though these Terms are wholly or partly in the form of a data message. You agree specifically that:
  764.  
  765. the agreement will be treated as if it was concluded at our physical address on the date on which you registered on the ShowMax Website;
  766.  
  767. any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
  768.  
  769. subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;
  770.  
  771. subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message, but not this shall not include an automated response; and
  772.  
  773. these Terms will be interpreted and implemented in accordance with the laws of South Africa and you agree to the jurisdiction of the courts of South Africa.
  774.  
  775. Required information in terms of section 43 of the ECT Act
  776.  
  777. The ECT Act states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on websites where the goods or services are offered. This information is set out below:
  778.  
  779. Full name and registration number: ShowMax a division of MultiChoice Support Services with registration number 2007/014131/07
  780.  
  781. Physical address: 144 Bram Fischer Driver, Randburg 2194
  782.  
  783. Main business address of receipt for legal service: 144 Bram Fischer Drive, Randburg 2194
  784.  
  785. Office bearers (directors): Mr FLN Letel; Ms CP Mack; Mr V Sgourdos
  786.  
  787. Description of main business: Please refer to the page of the ShowMax Website describing the ShowMax Services offered.
  788.  
  789. the manner and period within which you can access and maintain a full record of any payment transaction: You may obtain a written record of your transaction in the accounts section of the ShowMax Website.
  790.  
  791. Official website: www.showmax.com
  792.  
  793. Telephone number and Email address: 011 289 3000 / support@showmax.com
  794.  
  795. Alternative dispute resolution: in accordance with clause 21.3 hereunder..
  796.  
  797. Consumer Protection Act, ECT Act and other laws
  798.  
  799. If these Terms (or any contract governed by these Terms) or the ShowMax Services provided and/or made available on the ShowMax App are regulated by or subject to the Consumer Protection Act, the ECT Act or other laws, it is not intended that any provision of these Terms contravenes any provision of the Consumer Protection Act, the ECT Act or such other laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act and such other laws are complied with.
  800.  
  801. No provision of these Terms (or any contract governed by these Terms):
  802.  
  803. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
  804.  
  805. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
  806.  
  807. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
  808.  
  809. Support
  810.  
  811. Should you experience any difficulties with any aspect of the ShowMax Services or the Content, you may:
  812.  
  813. contact our support team on 011 289 3000 or send us an email at support@showmax.com; or
  814.  
  815. chat live to a support agent through our Customer Live Chat feature which you can access by logging in to your ShowMax Account on the ShowMax Website or ShowMax App and clicking on the "Live Chat" button.; or
  816.  
  817. click on the "FAQ" and "Help" feature on the ShowMax Website or ShowMax App.
  818.  
  819. These Terms will be made available to you to print. If you have difficulty printing these Terms or require help accessing a copy these Terms, you should contact our support team on the details listed above.
  820.  
  821. Miscellaneous provisions
  822.  
  823. Assignment
  824.  
  825. These Terms, and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you.
  826.  
  827. We may, at any time, transfer, delegate or assign any or all of our rights and obligations under these Terms. We will notify you if we transfer , delegate or assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors which we may appoint.
  828.  
  829. Successors and assigns
  830.  
  831. These Terms shall apply for the benefit of and be binding upon each party's successors and assigns.
  832.  
  833. Governing law, Jurisdiction and Resolution of disputes
  834.  
  835. The Terms and the relationship between us shall be governed by the laws of the Republic of South Africa.
  836.  
  837. As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Johannesburg, South Africa.
  838.  
  839. If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms and Conditions, any party who wishes to pursue that dispute may, subject to these Terms and Conditions, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
  840.  
  841. Such arbitration proceedings shall be conducted in Johannesburg in English.
  842.  
  843. 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.
  844.  
  845. The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za
  846.  
  847. Waiver
  848.  
  849. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  850.  
  851. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
  852.  
  853. Whole agreement
  854.  
  855. These Terms make up the whole agreement between you and us relating to the use of the Content and the ShowMax Services. 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 ShowMax Services that is not written in these Terms.
  856.  
  857. Each provision is separate
  858.  
  859. Each provision of these 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 Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
  860.  
  861. Definitions and interpretation
  862.  
  863. Definitions
  864.  
  865. In these Terms the following words and phrases have the meaning set out below:
  866.  
  867. "Access Devices" means the devices that are capable of using, or enabled to use, the ShowMax Service including, but not limited to, Internet-connected mobile devices, computers, gaming consoles, tablets, decoders or set-top boxes; smart televisions and media adaptors;
  868.  
  869. "Consumer Protection Act" means the Consumer Protection Act 68 of 2008, as may be amended from time to time;
  870.  
  871. "Content" means television shows, movies, clips and other such audio-visual media licensed by us and made available by us for your selection on the ShowMax Service;
  872.  
  873. "Customer Live Chat" means the live chat feature available on the ShowMax Website and ShowMax App which will allow the user to chat and address queries in real time to a ShowMax support agent;
  874.  
  875. "Destructive Code" means any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;
  876.  
  877. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;
  878.  
  879. "Geo-blocking Technology" means 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, including (but expressly not limited to) any Technology that makes use of IP (internet protocol) addresses to map users to particular countries and/or other technological protecting measures;
  880.  
  881. "Intellectual Property Rights" means all intellectual property rights of whatsoever nature anywhere in the world, including (without limitation) copyright and related rights, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trade marks, trade names, domain names and service marks, goodwill and the right to sue for unfair competition, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection 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;
  882.  
  883. "Internet" means the global electronic communications network providing a variety of information and communication facilities, consisting of interconnected networks using standard communication protocols;
  884.  
  885. "Monthly Fee" means the monthly subscription fee payable to us, which shall include any applicable taxes and charges in connection with your use of the ShowMax Services and Payment Method, which monthly fee is set out more fully on the account section of the ShowMax Website;
  886.  
  887. "Monthly Billing Date" means the monthly calendar day corresponding to the day that you registered to access the ShowMax Services (eg. if you registered on the 15th March, your Monthly Billing Date will fall on the 15th April, and each 15th day of the following Subscription Period);
  888.  
  889. "MSS" means MultiChoice Support Services Proprietary Limited, a company registered in accordance with the laws of South Africa with registration number 2007/014131/07 and with its physical address at 144 Bram Fischer Drive, Randburg, Gauteng, South Africa and with its customer services details being support@showmax.com;
  890.  
  891. "Payment Details" means details of a valid, current accepted method of payment which are accepted by us, including but not limited to credit and debit cards, loyalty points which have been approved by us as a means of payment; vouchers; e-bucks; e-wallet;
  892.  
  893. "Payment Method" means the method by which you will pay any charges to us which shall include your Payment Details;
  894.  
  895. "Prohibited Act" means the acts set out in paragraph 6.3.2;
  896.  
  897. "Privacy Policy" means the privacy policy available at www.showmax.com/privacy-policy ;
  898.  
  899. "ShowMax" means the online streaming service made available by us, called "ShowMax", through which the Content can be streamed on demand to Access Devices or ShowMax, a division of MSS, depending on the context in which it is used;
  900.  
  901. "ShowMax App" means the software application developed or made available by us for users to access and receive the ShowMax Services, including all updates and upgrades to it, which can be downloaded and installed, free of charge, from the website or the appstore related to the Access Device. All references to the ShowMax App also includes all Materials and Documentation which we make available to you as part of, or together with, this software application or when you download the software application or download any updates or upgrades;
  902.  
  903. "ShowMax App Licence Agreement" the end user licence agreement that applies to the use of the ShowMax App and which you will be required to agree to when you download the ShowMax App;
  904.  
  905. "ShowMax Services" means the streaming on demand programme distribution services whereby (i) the viewer is able to access an individual programme or blocks of programmes by means of streaming, progressive download and/or temporary download via any technology, delivered by any means now known or hereafter devised to any Access Device now known or hereafter devised and between any Access Devices, for selection and viewing at start times solely determined by the viewer at his/her discretion; and (ii) the viewer purchases a subscription for the right to receive and view such programmes (as opposed to a separate transactional fee for the right to view each individual programme), whether (a) as part of a subscription or "value added" to another service (e.g. pay television, triple play offering) or; (b) at a separate subscription fee;
  906.  
  907. "ShowMax Website" means the website which is accessible at the URL: http://www.showmax.com or any other URL used by us for purposes of providing the ShowMax Services from time to time;
  908.  
  909. "Social Media Account" means an active and valid account on a social media platform, which shall include Facebook, Twitter and any other social media platform we may advise you of from time to time;
  910.  
  911. "Subscriber" means a person who registers to use the ShowMax Service and whose subscription is active;
  912.  
  913. "Subscription Period" means each one month period during which a Subscriber's subscription is active, which is calculated from the calendar day corresponding to the day which you registered to access the ShowMax Services (eg. if you registered on the 15th March, each Subscription Period will commence on the 15th of the current month and terminate on the 14th calendar day of the next month);
  914.  
  915. "Technology" means any software, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form;
  916.  
  917. "Territory" means the Republic of South Africa;
  918.  
  919. "Terms" means these ShowMax Terms and Conditions, as may be amended by us from time to time in the way set out in these Terms;
  920.  
  921. "Terms of Use" means the general terms of use for the ShowMax Website available at http://www.showmax.com/website-terms
  922.  
  923. "we", "our", "us" means ShowMax, a division of MSS (MultiChoice Support Services Proprietary Limited, with its physical address at 144 Bram Fischer Drive, Randburg, Gauteng, South Africa and with its customer services details being support@showmax.com). References to "we", "our" or "us" also includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers and suppliers;
  924.  
  925. "Welcome Email" means the email we send you when we accept your registration; and
  926.  
  927. "you" and "your" means a person who wishes to use the ShowMax Services, or who agrees to these Terms, or who registers to use the ShowMax Service.
  928.  
  929. Interpretation
  930.  
  931. References to the singular includes the plural and vice versa;
  932.  
  933. Clause headings are for convenience and not to be used in interpreting these terms and conditions.
  934.  
  935. 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.
  936.  
  937. 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:
  938.  
  939. 'including' means 'including but not limited to';
  940.  
  941. 'include' means 'include but is not limited to'; and
  942.  
  943. 'includes' means 'includes but is not limited to'.
  944.  
  945. Where any number of days is given, those days are counted to exclude the first day but include the last day.
  946.  
  947. There are boxes with bold writing that appear below various paragraphs in these Terms. They are only intended to bring your attention to important parts of this Agreement and to explain the fact, nature and effect of those parts. These boxes with bold writing are aids to understanding only and are not terms or conditions themselves. They do not limit the meaning or application of these Terms. The parts of these Terms discussed in the boxes do not apply only to the situations and facts given in the examples or situations described in the boxes, or to similar examples or situations.
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