Terms & Conditions

This document contains the general terms of use which applies to you when you use our Services. Please also read all the other Agreement Documents which apply to you.

Important information

Some clauses have an important impact on you. There are some clauses that do one or more of the following:

  • take away or lessen the risks, Liability and legal responsibilities we have towards you;
  • put risk and legal responsibility on you;
  • make you Indemnify us (take on our risk and responsibility); or
  • say that you agree with a statement.

We give you an explanation about why these clauses are important in a block underneath them. Please read the clauses and the bold writing carefully and make sure you understand them.

  • adding new programming, Channels, services, packages, applications and facilities;
  • changing Channel numbers;
  • changing Programmes on the Channels;
  • changing or reducing the broadcast hours of any of the Channels or encrypt or unencrypt any Channel.
  • an act or failure to act by us, our directors, our employees or agents, subcontractors or Affiliates;
  • you Breaching your obligations under the Agreement;
  • the termination of this Agreement in accordance with its terms; or
  • content on the Channels.

 

1.
Understanding the Agreement
  Some terms have a specific meaning in these Subscriber Terms. All defined terms start with capital letters and you can find their meanings in the body of the Subscriber Terms and in Annexure A (‘Meaning of words and phrases’). We also include an explanation of some legal terms and rules for interpreting the Agreement in Annexure A.
2.
Commencement, duration and termination of the Agreement
  2.1 We may accept or reject your Application based on the information you give us. The Agreement and your acceptance of these terms and conditions Starts on Activation (the Activation date is the ‘Start Date’). The Term of the Agreement depends on the Package Option you choose.
  2.2 Subject to clause 12.5 below, the Agreement is binding to you and Multichoice unless and until either party terminates the Agreement by providing thirty days written notice of termination which it may do at any time.
  2.3 The termination of the Agreement will not affect or prejudice:
    2.3.1 ether party’s rights or remedies accrued during the period prior to termination.
    2.3.2 Those rights and obligations which the parties intend, either expressly or by implication will survive termination of the Agreement.
3.
The Services
  3.1 Your Services. In exchange for paying us the Fees, we give you access to number of Channels and related Services, depending on what type of Premises you have and the Package Options available to you (‘Services’), until you or we end the Agreement as set out in clause 14.5 and clause 25.
  3.2 Delivery of the Services. We transmit or arrange for transmission of the Services in different ways. If there is a change in the way Services are delivered which requires you to make changes to your Equipment, we will try to give you reasonable notice of this change.
  3.3 Free Channels and promotional trials. We may give you free access to bonus channels, other Free Channels or offer you promotional trials. We may take away or change these channels and trials without giving you notice. We may also change any Free Channel into a paid for Channel or trial into a paid for Package Option, but we will give you reasonable notice about this change and the charges that apply.
4.
Changing your Package Option
  If your Package Option allows, you may upgrade or downgrade your Package Option any time during the Term. We may charge you an upfront payment before making the change. If you upgrade your Package Option, the change will apply immediately, but if you downgrade the change will only apply at the end of your current billing period.
5.
Our obligations
  We give you access to the Services and Channels based on the Package Option you choose. We also warrant (promise) to:
  5.1 not knowingly include defamatory material or anything which violates any copyright, right of privacy, literacy or dramatic right of any Person;
  5.2 obtain necessary licences or approvals from collecting societies or other Persons to broadcast the Channels. We do not promise to obtain public performance licences or pay public performance fees and this warranty is only as extensive as those given to us by suppliers of programme material included on our Channels and by the suppliers of third party channels.
6.
Credit checks
  6.1 Your permission. By agreeing to these Subscriber Terms, you give us permission to assess your credit history and standing. We may use information from (and give information to) outside agencies for this purpose.
  6.2 Credit check results. We may refuse your Application or offer you an alternative Package Option based on your credit score. After Activation, we may also manage your account differently based on the results of the credit check, including applying a different Payment Method to your account.
  6.3 Waiver. As far as the law allows, you give up ('waive') any claims you may have against us for giving out information about you for the purpose of a credit check.
  This clause is important because it makes you give up certain rights you may have. You will not be able to make any claim against us, because we gave or received information about you to do a credit check on you.
7.
Fees and payment
  7.1 Fees and other amounts. The Fees for each Package Option (‘Fees’) are set out in your Application Form, which may include an upfront payment. After Activation you must pay us a monthly Fee on or before the due date set out in your Package Option (‘Due Date’) using the Payment Method which applies to you. You are also responsible for all taxes, duties, levies or charges levied by government authorities, related to the Service you choose. You must pay the Fees even if you do not use the Service during the Term.
  7.2 Non-payment. If we do not receive payment by the Due Date, we may:

  • suspend your Services until you pay us everything you owe us;
  • charge you an administration fee, calculated from the Due Date until the payment date; and
  • continue to give you access to the Services and you will be Liable for payment of those Fees for the Services.
  7.3 Collecting agents. We may use third parties to help collect Fees and other amounts you owe us. These third parties are not our employees, subcontractors, agents, intermediaries or representatives, or otherwise controlled by us.
8.
Limits to our responsibility
  As far as the law allows, we make no warranties (promises) about:
  8.1 the availability and uninterrupted access to the Services as the quality of your reception may be interrupted or affected for a range of reasons outside our reasonable control;
  8.2 the quality, reliability or accuracy of the content of the Services.
  Clauses 8.1 and 8.2 are important. They allow us to give up certain obligations which we may have and make you take on risk, responsibility and Liability. Because of these clauses we are not responsible or Liable if the quality of the Service is affected or disrupted, as far as the law allows.
9.
Your obligations
  You may have added obligations, depending on the Package Option you choose.
  9.1 Place of use. You may only receive and use the Services and Equipment at the Premises listed in the Subscriber Application Form. If you wish to add new Premises or change the location of your Premises, you must notify us in writing.
  9.2 The Premises. You warrant (promise) that:

  • you are carrying on the Business Activity at the Premises at the Start Date;
  • the Premises are in South Africa or Lesotho;
  • you have and will continue to have all the rights, licenses, consents and clearances in place during the Term, to receive and exhibit the Channels on the Premises, including for public performance on the Premises and will give us proof of this if we ask.
  This clause 9.2 is important because it makes you agree that the statements above are true. If you use our Services, you agree that these statements are true and we (and others) may have claims against you if the statements above are false.
  9.3 Change of Business Activity. You must immediately notify us in writing (including by email or on our online portal) of any change of Business Activity. Based on this notice we may change your Package Option; the Services you receive or your Fees.
  9.4 Content. We are committed to complying with all laws related to broadcasting of the Channels. We will comply with all regulatory requirements and give you guidance where needed and inform you of age restrictions and other conditions which we (or our channel suppliers) or the broadcast authority impose on viewing of the Programmes. You must take reasonable steps to:

  • prevent the viewing of restricted material by children below the applicable age restriction; and
  • ensure that all adults who may have access to the Services are informed, of age restrictions and other relevant conditions related to the Programmes
  9.5 Additional Obligations and/or Requirements relating to Various Packages
    9.5.1 STAY Packages contain general entertainment or movie channels which are restricted by the suppliers to be exclusively for in-room viewing. These packages may not be made available for viewing in public venues. The STAY packages are intended for accommodation type establishments with rooms for sleeping.
    9.5.2 PLAY Packages contain channels which may be viewed in public. These packages are intended for establishments which have common areas where people are eating, drinking, learning or relaxing .
    9.5.3 WORK Packages contain channels which may be viewed in offices. These packages are intended for establishments which have business offices where people are working
10.
Equipment
  10.1 Ownership. The Decoders, installed at the Premises, belong to you once you have paid us for them in full, but we will always be the owner or licence holder of the software and intellectual property in all Equipment which is proprietary to us.
  10.2 Approved Installers. We suggest that you use installers approved by us (‘Approved Installers’) to install the Equipment. Each installer who you ask to install your Equipment, including Approved Installers (‘Installers’) acts as an independent contractor. They are not our employees, subcontractors or agents. We and the manufacturers of the Equipment are not Liable for any loss or Damage caused by the conduct of the installer. This includes:

  • any direct, indirect, special or consequential (resulting) Damages you may suffer because of any Breach by the installer of any of its obligations to you;
  • any loss or damage to your or another person’s property situated in the Premises, because of what the Installer did, or did not do.
  10.3 Installation and maintenance Agreement. You must enter into a separate Agreement with an Installer. The Agreement between you and Installers regulates the terms around the installation and maintenance of the Equipment on the Premises. We are not responsible for anything they do during installation.
  10.4 Service quality. As far as the law allows, we are not Liable for any degradation (decline) of the quality of the Service which may directly or indirectly result from defects to, or the malfunctioning of, or the incorrect installation or maintenance of the Equipment.
  Clause 10.4 takes away certain rights you may have, asks you to take on risk, responsibility and Liability for claims, losses and Damages that we or others may suffer.

We are not responsible for decline in the quality of service caused by malfunctioning of, or the incorrect installation or maintenance of the Equipment.
  10.5 Manufacturer’s Warranty. Your Approved Decoder has a Manufacturer's Warranty, in terms of which you may be entitled to have the Approved Decoder repaired or replaced. This Manufacturer’s Warranty applies in addition to any warranties implied by law (such as those in the CPA).
  10.6 Keep Equipment connected. Each Smartcard is matched to a Decoder. Please keep the Smartcard in the matched Decoder and the Decoder connected to the mains power supply and to the rest of the Equipment so we can update the Decoder Software by satellite and give you uninterrupted access to the Service.
  10.7 Limits to our responsibility. We make no warranty or representation about:

  • any defect or malfunction in Equipment which is caused by manufacturing fault;
  • defect or damage to the Equipment which is a result of your unauthorised use, tampering, negligence or failure to follow user instructions;
  • any use of a Smart Card with any decoding device not authorised by us;
  • any component of the Equipment; or
  • the installation of the Equipment.
  Clause 10.7 makes you accept that we give up some of our obligations which we may have and asks you to take on risk, responsibility and Liability for claims, losses and Damages that we or others may suffer.

We do not make promises about the events, items or other things listed in this clause and you take on risk and responsibility for these.
11.
Theft and damage to Equipment
  11.1 Notify us. You must immediately notify us of a damaged or stolen Decoder or Smartcard. We will record the Decoder or Smartcard as stolen or damaged and disable the reception and decryption of the signal to them. This action cannot be reversed and the Decoder or Smartcard becomes unusable.
  11.2 Payment of Fees. Any damage or theft will not affect your obligations to pay us all Fees due for the Services. You can still cancel your subscription, as is set out in these Subscriber Terms or your Package Option.
12.
Changes we may make
  12.1 Changes to Services. At any time, we may:

  • replace, withdraw or change the content, features or functions of the Services;
  • introduce new Channels or withdraw Channels to or from Package Options;
  • inform you about value added services as well as conditions and Fees which may apply to them;
  • apply restrictions on the viewing of Channels or programmes including restrictions on viewing in any areas of the Premises;
  • change the range of Services or composition of specific Package Options;
  • change the range, nature and number of features, facilities or services to the Services;
  • change a feature or function forming part of the Services and any Fees that apply to continue receiving them.
  12.2 Change to the Fees. We can change the Fees, our price bands or our pricing structure, but will give you reasonable notice before we do this. We may also change your Payment Method if your Fees change.
  12.3 Changes to the Channels. We may make any changes to the range, nature, format and content on the Channels, including:
  12.4 Changes to the Agreement Documents. We may make changes to the Subscriber Terms and other Agreement Documents by giving you reasonable notice, as far as the law allows. You will be bound by the change from the date in the notice.
  Clause 12.1– 12.4 make you give up certain rights and agree to limits to our duties. They allow us to make certain changes. The risk for you is that:
  • your rights and obligations may change;
  • you may have to pay extra amounts;
  • the Services you receive from us, may change or be taken away; and
  • you may have to pay the same amounts but receive less or different Services.
  12.5 Consumer’s right to terminate.
    Only if you are a “consumer” under the CPA, in that you have an asset value or turnover of less than R1 million at the date we make the changes above, this clause 12.5 applies to you.

You may terminate your Service if we make any changes set out in clauses 12.1- 12.4 above, unless the terms in your Package Option prevents this. Your Agreement will end at the end of your current billing period or the next billing period if we cannot cancel a payment instruction in time. You cannot make any claim against us for costs or expenses caused by us not cancelling a payment instruction in time.
  Clause 12.5 makes you give up certain rights and agree to limits to our duties. If we cannot cancel a payment instruction in time, you will not be able to make any claims against us for the extra Fees which may apply after you have terminated the Agreement.
  12.6 Technical changes. We may:

  • update and change the systems related to the Services, including changes to the Technical Systems;
  • change or replace the software in the Technical Systems (including through over the air software downloads); or
  • recommend that you upgrade, change or swap-out one or more of Equipment components, if not doing so will negatively affect access to the Services.
  12.7 Changes to Equipment. We may recommend that you change or swop out your Equipment. If you do not do so you may not be able to use the Services and will still be Liable to pay the Fees.
13.
Prohibited Conduct
  13.1 General restrictions. You may only use the Services and Equipment as is specifically allowed under these Subscriber Terms, your Package Option and any other documents we give you. You cannot on-sell the Service or charge users of the Premises any additional fees to watch the Channels or access the Services.
  13.2 Unavailable Services. There are certain services we offer residential subscribers which are not available to business subscribers. You may not try or access any services that are only meant for residential subscribers.
  13.3 Restriction on advertising. You may not insert advertising or public announcements on or immediately around any Screens. You may also not use the Screens, Channels or services to promote or endorse any other products, services or events.
  13.4 Interfering with Channels or Services. Display of Channels must be:

  • without interruption, time delay, addition, commercial or other insertion (including insertion of any on-screen prompt or icon or audio insertion) or inclusion of supplementary material or content (including inserting or overlaying any image or visual or audio material on to the Channels or on to the Screens at the same time as the Channels are present).
  • in full (no reduction in size or overlaying) on the entire Screen.
  13.5 Other conduct. You may not:

  • gain (or try to gain) access any Services other than those you chose and we agreed to, in your Application Form;
  • without our prior written permission, allow reception or viewing of Services in the Premises, other than as provided in the Agreement (including allowing the reception or viewing of the Services in any cinema or theatre complex or make-shift cinema or theatre environment);
  • charge a fee or obtain other consideration to view or use any Services;
  • retransmit or rebroadcast any of the Content on the Services or copy any of the Content forming part of the Services;
  • reverse engineer or otherwise compromise or interfere with the security of the Conditional Access System, operating software or encryption software used in the Smartcards and Decoders, try do so or allow, help or allow anyone to do so);
  • use the Services along with third party services or products or use switching or similar technologies on the Services;
  • use the Services to promote or market any other services or products or insert logos, scrolling banners, ‘squeeze backs’ and other material on or over the Screen displaying the Channels or Programmes;
  • modify, tamper or interfere with the Equipment or reception of the Service;
  • copy, redistribute or relay any of the Channels or any part of them or deal with Channels in any way which is not specified in the Agreement; or
  • duplicate, reproduce, sell, broadcast, distribute or otherwise use or transmit the Services, other than as provided for in the Agreement.
  • permit, help or condone any other person to do any of the things listed above.
14.
Audit and inspection
  14.1 Right to audit and inspection. We may, during reasonable hours inspect the Equipment and audit your records or inspect the Premises to determine the correctness of the number of Screens or Rooms on the Premises. You must also give us any documentation we ask for when we do these audits or inspections.
  14.2 Result of audit and inspection. If we discover any discrepancy in any of the information you gave us or any inappropriate or unauthorised use, we may charge you relevant additional amounts and recover any underpayments you owe us. This will also be regarded as a Breach of the Agreement and will give us the rights as set out in clause 23 (‘Ending the Agreement for Breach’) as well as other rights we may have in law.
15.
Indemnities and limits to our Liability
  This clause only applies as far as the law allows and does not intend to limit your rights in any way which is contrary to the provisions of the CPA.
  15.1 Limits to our responsibilities. As far as the law allows we are not responsible for any Damages you or anyone else suffered which is caused by:
  15.2 Unauthorised acts. You are responsible for the acts of your employees, agents, contractors, guest or any other persons whom you allow to access the Services, Screens or Equipment. You indemnify us and hold us harmless against any loss, damage or claim which is a result of anything those persons have done or not done and we are not responsible for any.
  15.3 Liability for indirect Damages. We will not be Liable for any indirect or consequential Damages you or anyone else suffers relating to the Agreement, the Content or the Services, including loss of profit and loss of data.
  Clause 15 takes away certain rights you may have, asks you to Indemnify us against loss or Damages and take on risk, responsibility and Liability for claims, losses and Damages that we or others may suffer. We may also have claims against you and you may be Liable to us for further amounts (such as attorney fees we must pay to defend claims against us.)
16.
Intellectual property rights
  16.1 Trademarks. Certain trademarks and trade names are protected by intellectual property rights which belong to us or other parties including the names of Channels, affiliated companies, names of Channels Suppliers, names of Programmes, the name of MultiChoice or third party broadcasters of individual Channels and any name they use (‘Trademarks’).
  16.2 Ownership and use

  • Trademarks belong to us or to relevant third party broadcasters or their (or our) licensors. You can never own the Trademarks and you may also not use any Trademarks without our permission.
  • All materials making up the Services and Equipment are protected by intellectual property rights which we own or license, including copyright and other intellectual property rights to audio-visual, audio or data material we give you (‘Content Rights’). You can never own the Content Rights.
  • You may not claim (expressly or indirectly) that you own any right or title in any Trademark, Content Right or other rights in the Services or use any logos or other materials we give you to create this impression.
  16.3 Rights to the Channels. We (or a third party broadcaster) will always own all rights, title and interest in and to the Channels and all Programmes, advertising and promotional materials, ideas, formats and concepts in them or used with them (including all copyrights).
  16.4 Copyright and unauthorised use. The works included in the Channels are protected by copyright. Any unauthorised copying, reproducing, adaptation, publishing, performance, broadcasting, transmission, causing the works to be seen or heard in public or letting, offering or exposing for hire by way of trade of the works constitutes copyright infringement under the South African Copyright Act of 1978.
  16.5 Our rights. If we believe that you or your agents are doing any of the above acts without our express, written authorisation, we may disable features of your Equipment to prevent you from doing so in the future or prevent you from receiving the Service.
17.
Security
  17.1 Security Framework. Access to the Services may include or rely on a technological Security Framework designed to protect the Service against unauthorised use. This Security Framework will be automatically implemented, maintained and changed at times.
  17.2 Change of the Security Framework. We may implement maintain and change the Security Framework, which may include the disconnection or discontinuation of any features of the Equipment which enable unauthorised use of the Service.
  17.3 No waiver. If we do not implement the Security Framework, this will not mean we waive (give up) of any of our rights against you for unauthorised use of the Service.
18.
Unforeseeable circumstances (force majeure)
  18.1 Force majeure. Force majeure is an event that is beyond your or our control, including industrial dispute, strike or breakdown, government action, state of war, riot or civil disturbance, satellite failure, any other act of God or any other circumstance beyond a Party’s reasonable control. The Party who cannot perform their obligations because of such an event is called the ‘Affected Party’.
  18.2 Consequences of force majeure? As far as the law allows, if either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these Subscriber Terms because of force majeure, the Affected Party will not have to perform their obligations while the event or its consequences is present, but only to the extent they are unable to do this.
  18.3 Liability for delay. The Affected Party must notify the other Party in writing about any force majeure and resulting failure. The Affected Party will, as far as the law allows, not be Liable for any delay or failure in the performance of any of their affected obligations or loss or damages which the other Party may suffer because of the delay or failure. This clause does not apply to any payment obligations.
  18.4 Ending the Agreement. If such an event and its consequences carry on for more than three Months, either Party may end the Agreement.
19.
Transfer of rights
  Note: transfer of rights is known as cession and transfer of obligations (duties) is known as delegation. In this clause transfer means the cession of rights and the delegation of obligations.
  You may not give up or transfer any of your rights or obligations in the Agreement to any other person without first getting our written permission. As far as the law allows, you agree that we may transfer all our rights and obligations under the Agreement to anyone.
  This clause 19 makes you give up certain rights you may have. Because of this clause we may Transfer our rights and obligations in the Agreement without your permission (as far as the law allows), but you will not be able to do so without our permission.
20.
How we contact you
  20.1 Notices and messages we send to you. We will send you all legal documents as set out in clause 28 below, but we may send you other notices by SMS, email, messages displayed on your television monitor (‘Text Messages’) or post ‘General Notices’. General Notices may, as far as the law allows, include notices with messages about:

  • Activation;
  • New Services which become available through us or our suppliers, Affiliates or clients, subject to your right to block or restrict direct marketing under the CPA;
  • the Services and operational systems and changes to them;
  • Changes to the Agreement terms; and
  • The status of your account and amounts you owe us.
  20.2 No Liability for Text-Messages. As far as the law allows, we will not be responsible to you or anyone else for anything that is a result of or related to the Text-Messages we send you. By entering the Agreement with us, you Indemnify us against all loss or harm that you or another person may suffer because of the Text-Messages.
  This clause 20.2 is important. It limits our responsibility and Liability.

Because of this clause, we will not be responsible for any loss or damage you or anyone else suffers because of the Text-Messages we send you, as far as the law allows this.
21.
Ending the Agreement for a Breach
  21.1 Breach. The following actions or events will be regarded as a 'Breach':

  • a Party breaches a term of the Agreement and does not remedy the Breach in 10 days’ after receiving written notice from the other Party asking them to do so;
  • a Party materially (seriously) Breaches the Agreement again in 12 Months (after the previous or first Breach) after remedying an earlier similar Breach and do not remedy the Breach immediately after receiving notice to do so;
  • anyone takes or enters a civil judgment against you;
  • you are placed under an order of Sequestration, Business Rescue or Liquidation (provisional or final); or are subject to a resolution passed to enable you to be wound up or dissolved;
  • you make any compromise with any of your creditors;
  • a notice of surrender of estate is published under the Insolvency Act 24 of 1936;
  • you do any of the things listed in clause 13 (‘Prohibited Conduct’); or
  • you commit any criminal act.
  21.2 Consequences of Breach. When either Party commits a Breach, the other Party (‘Innocent Party’), may:

  • cancel the Agreement and claim Damages; or
  • claim specific performance of all the Breaching Party’s obligations.
  21.3 Administration Fee for Reactivation. If we cancelled the Agreement for a breach and you have paid us all amounts you owed us, we may agree to enter into a new Agreement with you to give you access to the Services. We may charge you an Administration Fee for Reactivation of your Services. (‘Reactivation Fee’).
  21.4 Certificate as proof of your debt. As far as the law allows, a certificate signed by one of our managers of how much you owe us for Fees and other amounts will be treated as enough proof of your debt to us, which means:

  • you must show why the certificate is wrong; and
  • we can use the certificate to get judgment or a court order against you.
  21.5 Other rights and remedies. This clause does not limit or reduce other rights and remedies we may legally (or otherwise) have, including claiming Damages.
  21.6 Surviving obligations. Ending the Agreement will not affect, suspend or release any Party from their rights, Liabilities and obligations which must (expressly or by implication) survive after the Agreement ends.
22.
Your Personal Information
  This clause 22 is important. You give us permission to Process your Personal Information as set out below and give us and our Affiliates permission to market to you.

You cannot later claim that you did not give us or our Affiliates the permission to do the things set out below.
  22.1 Your right to privacy. We are careful how we collect, use, disclose and process your Personal Information an care about your right to privacy.
  22.2 Your consent. By filling in the Subscriber Application Form and applying to become a Subscriber, you give us permission to store, protect, use or otherwise Process your Personal Information.
  22.3 Allowed use. As far as the law allows, you agree that we may use Personal Information we collected about you to:

  • do credit checks on you to assess your credit worthiness;
  • open, operate and manage your account;
  • monitor and analyse your conduct on your account for credit, fraud, compliance and other risk related purposes;
  • collect information so that we or our Affiliates can analyse the viewing habits and profiles of our subscribers who use the Services;
  • carry out statistical and other analysis to identify potential market trends;
  • develop new products and services;
  • process your request for Services; and
  • administer the Agreement, including informing you of changes to it.
  22.4 Permission to disclose. You agree we may disclose your Personal Information for purpose of the Agreement and legal requirements that may apply. This includes us giving your name, address and other Personal Information to any person:

  • who is an Affiliate of MultiChoice to market their services to you;
  • any company that acquires the whole or a part of our business;
  • when we need to do this to properly perform our functions;
  • to protect your or our interests; or
  • if an official or legal body asks us for your Personal Information.
  22.5 Permission to Market. By ticking the relevant box on the Subscriber Application Form or other Forms you agree that we may contact you by telephone, mobile text or email so that we or our Affiliates can market our products or services to you.
  22.6 Opting out. You opt-out of marketing or opt-in, at any time.
23.
Compliance with the Consumer Protection Act
  If the Consumer Protection Act (‘CPA’) applies to the Agreement, it is not intended that any of the terms in the Agreement go against or ignore the CPA. All the terms in the Agreement must be treated as if they were drafted to comply with the CPA. Any term or which does not comply with the terms of the CPA, must be treated as not forming part of the Agreement.
24.
How to contact us
  24.1 Authorised persons. You may authorise anyone to communicate with us on your behalf, so long as they comply with our standard security check (‘Authorised Person’). You are bound by all requests and undertakings Authorised Persons make. Do not give anyone information relevant to our standard security check whom you have not authorised to represent you.
  24.2 Deemed receipt. When we treat a notice as if you have received it by a certain date and time, it means we do not have to prove you received it on that date. If you claim that you did not receive the notice as we claim, you must prove it. As far as the law allows, we will treat it as if you have received a notice:

  • on the date of delivery, if delivered by hand to your physical address;
  • 10 calendar days after posting, if sent by ordinary mail to your postal address;
  • on the date and time of sending, if sent to your email address, cell phone number or displayed on your Screen through a Text Message.
  24.3 Notice received. If you receive a notice, it will be a valid delivery even if we did not send it to any of your chosen addresses.
25.
Legal notices
  25.1 What are legal notices? Legal documents include letters of demand, summonses, warrants to attach your property and other legal notices. We agree to accept legal documents under the Agreement at Multichoice City, 144 Bram Fischer Road, Randburg, 2125, Gauteng, RSA (This address is known in law as our domicilium citandi et executandi).
  25.2 Change of our address. If we want to change the address where we agree to accept legal documents, we will tell you in writing by SMS or email or post. We will give you the new address where we agree to accept legal documents. Any new address must be a physical address in South Africa.
  25.3 Address where you agree to accept legal documents. You agree to accept legal documents at the address you give us in the Application Form. If you want to change the addresses where you agree to accept legal documents, you must tell us in writing, within 10and required supporting documents with the new addresses. Any new address must be a physical address in South Africa.
26.
General terms
  26.1 Other terms. You must read all other terms and conditions in all of the other documents which apply to your subscription and that we may give you, including your Package Option terms as well as specific terms which may apply to your specific Business Activity, Premises or other activity.
  26.2 Whole agreement. The Subscriber Application Form, Package Options, Pricing Flyer and these terms make up the whole agreement between you and us relating to the use of the 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 Services that is not written in the Agreement.
  26.3 Waiver (giving up rights). As far as the law allows, neither you nor we will lose any rights under the Agreement if you or we do not exercise them immediately or each time.
  26.4 Each provision is separate. Each provision of the Agreement, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of the Agreement, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in the Agreement. The rest of the Agreement will still be valid and enforceable.
  26.5 South African law applies to the Agreement. The laws of South Africa will apply to and govern the Agreement.
  26.6 Jurisdiction. You consent to the jurisdiction of the Magistrates Court regarding all proceedings related to the Agreement. We may, however still institute any proceedings related to the Agreement in any Division of the High Court Africa having jurisdiction as far as the law allows.
  26.7 CPA dispute resolution. Nothing in the Agreement will prevent you from enforcing any of your rights under the CPA. This includes making complaints to the relevant Ombud, Consumer Tribunal or the Consumer Commission.