Terms of service

1. Introduction

1.1. These Terms and Conditions define general terms and conditions that may be amended from time to time (hereinafter referred to as the “Website Terms and Conditions of Use”) and apply to persons (hereinafter referred to as the “User” or “you”) who access and use the website available at the following address: https://tech.showmax.com/ (hereinafter referred to as the “Website”), operated by MultiChoice Africa Holdings B.V. (entered in the Commercial Register under 817885821), a company established under Dutch law, with its registered office at: Taurusavenue 105, 2132 LS Hoofddorp, the Netherlands (hereinafter referred to as the “Administrator” or “we”, “us” or “our”).

1.2. By accessing the Website you confirm that you have read, understood and accept to be bound by the Website Terms and Conditions of Use available at the Website upon your access and in connection with your use thereof.

1.3. The rules for processing personal data by the Administrator have been defined in the privacy policy available on the Website (hereinafter referred to as the “Privacy Policy”).

2. Hardware, Software and Internet Access

2.1. In order to access and use the Website, you need to purchase and maintain at your own expense the computer hardware and software as well as the internet access (hereinafter referred to as the “IT Infrastructure”).

2.2. Before accessing the Website, you need to make sure that the Website is compatible with your IT Infrastructure.

2.3. You hereby accept the risk connected with the fact that any data transfer via the Internet or any other communication system, including a wireless system, involves the risk of illegal and unauthorised access to such data, their interception, disruption or monitoring. Therefore, it is advised that proper protection software is used and due care is taken.

3. Acceptable Use and Licence

3.1. Access and use of the Website as well as of information and materials available on the Website is allowed only if it is legal and for private, non-commercial purposes (unless relevant licence terms and conditions referred to in clause 3.2 state otherwise with respect to specific software and/or source code), subject to the Website Terms and Conditions of Use.

3.2. Access and use of software and/or source codes published on https://tech.showmax.com/ that include a boilerplate notice “Apache 2.0” or “GNU GPL” or any other known free software licences are subject to such respective licence terms and conditions.

3.3. Please report any information or content from the Website that in your view is non-compliant with our obligations defined herein.

4. Website Access Fee

4.1. Subject to the provisions of these Website Terms and Conditions of Use, you may access the Website to learn about Showmax Engineering and its activities and about the job vacancies.

4.2. Website may provide links to (including other websites of the Administrator) that are subject to separate terms and conditions of use.

4.3. In future, we may introduce charges for access and/or the use of the Website. In such an event, we will give you proper notice about the change on the Website in advance.

5. Hyperlinks

5.1. We can add hyperlinks to websites that are not our property and are not controlled by us (hereinafter referred to as “Third Party Websites”). Such hyperlinks do not represent any confirmation, support or approval of such information or content presented on such Third Party Websites on our end.

5.2. We do not have any influence on the information or the content presented on Third Party Websites. Neither us, nor the entities that we control or that control us (hereinafter referred to as “Affiliates”) shall be liable for any consequences of your use of such Third Party Websites, their unavailability, of the information and the content accessible thereon, as well as for the losses, liabilities and damages that may arise from logging in on the Third Party Website using links placed on the Website.

6. Security

It is prohibited to disrupt or interfere with (or attempt to disrupt or interfere with) the Website or to violate the security or stability of the Website, e.g. by introducing or attempting to introduce any destructive code (such as computer viruses, bugs and Trojan horses) or any other damaging or destructive component on the Website or on servers and the computer network supporting the Website.

7. Confidentiality

7.1. Privacy Policy defines types of personal data that we process during your use of the Website, as well as the way and reasons for collecting your personal data, the way we use the data and other related matters. Please read the Privacy Policy carefully in order to learn about our practices regarding your personal data and how we handle said data. Please contact us if you wish to receive detailed information or support.

7.2. The terms and conditions of our Privacy Policy have been included in these Website Terms and Conditions of Use. You hereby give your consent to be bound by the Privacy Policy provisions as if they were included in full herein.

8. Intellectual Property Rights and Use of the Domain

8.1. All forms of intellectual property on the Website, including, but not limited to, software, information, content, graphic elements, databases, text, layout, drawings, images, logos, trademarks, service marks, hyperlinks and domains, regardless of whether they are registered or not (hereinafter referred to as “Intellectual Property”) are owned by us and/or our Affiliates, or were made available to our Affiliates under a licence.

8.2. Unless relevant licence terms and conditions referred to in clause 3.2. state otherwise with respect to specific software and/or source code, these Website Terms and Conditions of Use do not grant you any licence or right to use Intellectual Property without our prior written consent. You especially may not copy, duplicate, modify, reverse engineer, adapt, publish, sell, distribute, transmit, transfer, broadcast, spread, use or illegally take advantage of the Intellectual Property or any aspects thereof. All Intellectual Property rights that we are entitled to are expressly restricted.

9. Liability

he Website is provided on an “as-is” basis, without any warranty or any other obligations, in the scope permitted by the law. The Administrator is not obliged to provide a website that meets your expectations and is always accessible on a continuous basis and faultless.

10. Website Modifications and Amendments to the Website Terms and Conditions of Use

10.1. You hereby acknowledge that we may modify or withhold information, content, services, applications and other elements from the Website and introduce changes in IT Infrastructure requirements, necessary for the use of the Website or the information, contents, services and applications available on the Website.

10.2. All authorisations granted under these Website Terms and Conditions of Use are non-exclusive and non-transferable.

10.3. We have the right to amend these Website Terms and Conditions of Use at any time.

11. Website Termination

We have the right to terminate the Website or any aspect thereof at any time.

12. Entirety of the Agreement and Amendments to the Agreement

12.1. These Website Terms and Conditions of Use together with their amendments introduced from time to time represent the entire agreement between us and you regarding the use of the Website. Terms and conditions of other products, services and websites provided by the Administrator are subject to separate terms and conditions of use of such products, services and websites.

12.2. If any provision hereof is or becomes invalid or unenforceable, all other provisions of this Website Terms and Conditions of Use shall stay in full force and effect.

13. Violations

13.1. Without prejudice to our other rights, we may claim compensation from any and every person who is in violation of these Website Terms and Conditions of Use resulting in any loss, liability or damage on our side.

13.2. Any possible concessions on our side or failure to perform or enforce any right or provision hereof by either party shall not restrict or form any waiver of any right or provision hereof, or of any provision of applicable law. You will be advised about any possible waiver of rights in writing under pain of invalidity with expressly stated willingness to waive specific rights.

14. Reporting

14.1. Any disruptions in the operation of the Website or any other issues may be reported by email to the address of the customer service office provided at showmax.com/contact. The Administrator shall address any claim or complaint within thirty days of its filing.