DEOD Terms and Conditions: 1st FEBRUARY 2017
Digital Entertainment on Demand (DEOD) Service Terms and Conditions (“Terms and Conditions”)
NOTICE: PLEASE NOTE THAT AS OF THE 1st FEBRUARY 2017, THESE TERMS AND CONDITIONS HAVE BEEN AMENDED:
THE PROVISIONS OF ALL CLAUSES HAVE BEEN AMENDED.
SAVE FOR THE AMENDMENTS AS INDICATED ABOVE, THE PROVISIONS OF THESE TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT, UNAMENDED.
Acceptance of these Terms and Conditions:
- The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities (subject to any consumer rights and responsibilities recognised by the law) which Discover Digital will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against Discover Digital and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and Discover Digital may also have claims and other rights against you.
- To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act 68 of 2008 and any subordinate legislation promulgated thereunder, each as amended, updated or replaced from time to time (“CPA”), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the CPA, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with to the extent that they may be applicable to these Terms and Conditions. The provisions which appear in bold text are drawn to your attention because they are important and should be carefully noted. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA or any other applicable law.
- Please read these terms and conditions carefully. Your use of these services will constitute your agreement to comply with these terms and conditions. If you do not agree with these terms and conditions, please do not use these services. It is your obligation to review these Terms and Conditions regularly.
THE AGREED TERMS
- Introduction Discover Digital introduces our Digital Entertainment on Demand (“DEOD”) Subscription Service which is a streaming video on demand offering, including DEOD Subscription Video on Demand (“SVOD”) and DEOD Transaction Video on Demand (“TVOD”) and Linear (Live TV) OTT service for computer, mobile smartphone, tablet and other similar devices including Smart-TV Application users as detailed in these Terms and Conditions (the “Offering”).
These Terms and Conditions govern your use of our service. As used in these Terms and Conditions, "DEOD service," "our service" or "the service" means the DEOD service provided by Discover Digital for discovering and watching movies & TV shows, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
- Offer Period
- 1 The Offering is available from February 2017, until such date as advised by DEOD. (the “Offer Period”).
- 2 Notwithstanding the Offer Period, DEOD may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Offering in its entirety, with notice to you. Visit www.DEOD.tv/za regularly for notices, updates and/or changes to services.
- Who is Eligible
- 1 The Offering is available to all customers who wish to sign up for the DEOD service.
- Terms and Conditions applicable to this Service
- 1 On viewing the DEOD portal (website), visitors to the site are able to DISCOVER the DEOD service before having to register or subscribe for the DEOD service.
- 2 To access the DEOD Offering, Customers will be required to register or subscribe to the service via the DEOD web portal: - www.DEOD.tv/za or by downloading and launching the DEOD App on a supported device.
- 3 Start the Apple AppStore application on your device. Locate or find the DEOD application in the store and download it.
All iOS App transactions – including subscribing and renting movies must be done through the website first at www.DEOD.tv/za before launching the iOS app.
Once the transaction has been successfully concluded, you will be able to log in to start streaming and watching what you love. Rented movies will be available under RENTED under the main menu under the MY ACCOUNT tab to watch via the iOS app. You can then start using the DEOD application immediately.
- 4 Visit www.DEOD.tv/zw regularly for notices and updates.
- 5 Customers can purchase a Subscription Video on Demand and Linear service offering and/or have the choice of Renting a movie (TVOD) without having to subscribe to a subscription service as follows:
- 5.1 SVOD and TVOD DEOD Customers can change their package from their service;
- 5.1.1 Available Packages are displayed in Portal and App (Android).
- 5.1.2 Subscriber can choose to select a different package to which they are currently on.
- 5.1.3 Subscriber is prompted to confirm their change.
- 5.1.4 Subscription package change from a Subscription package will take effect from current subscription renewal date. This allows a customer to continue their subscription package they have paid for until the renewal date when the package changes to the new package selected.
- 5.1.5 An email will be received by the customer confirming the successful Package Change.
- 1 DEOD SVOD and TVOD Service:
- 1.1 Will be effective immediately upon purchasing the service;
- 1.2 The Service is available for private, non-commercial use in South Africa only. You may only access and use the Service via your Device(s) in South Africa. You may not sell or levy any charge for watching the Content or using any part of the Service or show any part of the Content in public to an audience, even if no charge is levied.
- 2 Should there be no usage on the User account during the subscription period the subscription fee will not be refundable subject to Clause 9.
- 3 Please confirm your Internet Data Service Rules with your Service Provider.
- 1 Whilst every effort has been made by DEOD and its suppliers of information to ensure the proper performance of every service option, DEOD, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of services, content and information offered.
- 2 Subject to any applicable law, in particular we make no warranty that the Service Options will meet your requirements, be uninterrupted, complete, timely and secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion.
- 3 In order to use the video service, the user is required to fulfil the necessary technical requirements on his or her own account. The user shall bear the costs of access to the internet as well as any possible connection costs incurred. These costs are not included in the services provided by the video service. Should the technical standards in the internet or video service change, the user shall adapt to these changes on his or her own account. We strongly advise all users to contact their service provider and ensure that they are on the best possible data package to minimise these costs.
- Cancellation of the Service by You
- 1 Customers need to access the Web portal via www.DEOD.tv/za and log-in and navigate to My Account. An option to unsubscribe (Cancel Account) will be available. (Option currently not available. Work in progress?)
- 2 The customer will be unsubscribed (Cancelled) from the service on the anniversary of the day of the subscription. (30 days)
- 3 The customer will receive an email providing the official cancellation date of their service.
- SVOD Refund
- 1 Refunds will not be available for SVOD based on the terms and conditions. Customers will have to cancel the service as per Point 7 above.
- TVOD Non Delivery of Content
- 1 The Customer requests a refund via the DEOD contact points. If the content is paid for and was not delivered, then the customer will be refunded in full.
- 2 If the TVOD shows that it was delivered, but was not watched within the specified 48-hour time frame then the customer will not be refunded.
- Privacy and Consent
- 1 Privacy and Consent to Determine Your Location, Monitor Your Content Preferences and Communicate with You:
- 1.2 You hereby grant your consent for us to send communications to you (electronic or otherwise) for purposes of marketing and promoting the Service and related products and services to you. Entrants will be provided with an opportunity to “Opt Out” of receiving such communications, which may be via the relevant medium that such marketing communication was received.
- 2 This is a Video on Demand Service (VOD) and is a term used for a wide set of technologies and systems which allow individuals to select and watch videos from a central server for viewing on a television / computer screen, mobile device or similar devices at any time they please.
- 3 From pushing play, selected content, promotions, competitions, rewards and special events, all in video format. It is an area where subscribers can experience the product and services and view promotional material of upcoming content. The content in this section is not charged for, but data costs apply.
- 4 Live TV offer the Live Streaming of selected linear channels as part of the subscription service.
- Modification of Terms and Conditions
- 1 Participation in this Offering and any benefit awarded in terms of the Offering are subject to these terms and conditions.
- 2 Discover Digital reserves the right at any time to modify, suspend or discontinue the Offering with notice, without liability to you or any third party. Discover Digital will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify Discover Digital against any damage or loss you may sustain as a result of possession and/or use of network services, or any error, delay, failure or non-availability of the DEOD service.
- 3 Discover Digital reserves the right from time to time to vary the charges of the Offering as may be deemed necessary in its discretion.
- 4 See www.DEOD.tv/za for product and services updated FAQ’s and Terms and Conditions from time to time. Any changes to FAQ’s and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.
- 5 The Customer indemnifies Discover Digital and their directors, officers, employees and agents, against all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever about this Offering.
- Limitation of Liability
- 1 Subject to the provisions of the Consumer Contracts Act, to the extent allowed by any other applicable law and subject to clauses 13.2 and 13.3 below, Discover Digital will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect)
- 1.1 If your network services are interrupted, suspended, or cancelled, for whatever reason; or
- 1.2 if Discover Digital does not suspend the provision of the DEOD subscription services to you after you have specifically requested Discover Digital to do so; or
- 1.3 if the loss or damage was caused by any negligent act or failure to act by Discover Digital, its employees or agents; or
- 1.4 because of the use of any device supplied to you by Discover Digital relating to this service.
- 2 Clause 13.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Contracts Act (to the extent applicable) or which Discover Digital gives under the Consumer Contracts Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
- 3 Clause 13.1 does not limit or exempt Discover Digital from liability for any loss directly or indirectly attributable to the gross negligence of Discover Digital or any person acting for or controlled by Discover Digital to the extent that the law does not allow this.
- 4 Clause 13.1 also does not limit or exclude the liability of Discover Digital for death or personal injury caused to you through an act or omission of Discover Digital subject to section 61(1) of the Consumer Contracts Act, to the extent that the law does not allow this.
- 5 Clause 13.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.
- 1 Discover Digital is not responsible for the DEOD service being interrupted and/or failing for any reason or for any interruption in the network services.
- 2 You will be able to access services only when you are in South Africa in an area covered by internet networks in South Africa.
- 3 You will be solely responsible for all products and services accessed through the Offering. Accordingly, Discover Digital takes no responsibility for any loss or damage caused by your access through the Offering. In the event of theft or loss of your device and/or accessories, such items must be replaced at your own cost, you are obliged to report such loss or theft to the South African Police Services immediately, and to request your internet service provider to suspend your connection.
- 4 The decision of Discover Digital in respect of disputes arising out of this offering will be dealt with by Discover Digital in terms of these Terms and Conditions. The decision of Discover Digital in this regard will be final.
- 5 Discover Digital shall be entitled to prohibit or terminate any Customer’s participation in the DEOD offering if such a Customer does not meet the criteria detailed herein and/or if the Customer is involved in any fraudulent activity or suspected fraudulent activity.
- 6 You must be at least 18 (eighteen) years old or older to Subscribe to the Service.
- 7 You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes our rights.
- 8 The number of Devices on which you may access and use the service and view the Content per account is limited to five devices.
- 9 You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the Content in any form or in any way.
- 10 You are responsible for keeping your username and password confidential and you must take the necessary precautions to prevent them from being disclosed to anyone else.
- 11 If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service until you have changed the username or password.
- 12 If you select the Subscription option, then you authorise us to charge you such Subscription for each Subscription Period.
- 13 You must view the Content prior to the end of the relevant Access Period. The Access Period will not be extended if you stop or pause the Content.
- 14 Once the Access Period has expired the Content will be automatically deleted from your Device(s)/Account.
- 15 All OTT (Over the Top) and IPTV etc Customers shall make use of their own data and at their own cost, unless otherwise provided by a network service provider.
- 15.1 For avoidance of doubt, OTT refers to the delivery of audio, video and other media over the internet without a multiple system operator being involved in the control or distribution of the content in South Africa.
- 16 Notwithstanding anything contained in these terms and conditions, all prices in the catalogue/service is the price per movie title inclusive of VAT/TAX in South Africa.
- 17 In the event of a query or to lodge a complaint, you must contact email@example.com.