Showmax OnAir Terms & Conditions
Entering into the Agreement
- You have agreed to let us provide you with the Services, on certain terms and conditions. This document records the additional terms and conditions of the supply of the Services to you.
- The terms and conditions agreed during the above mentioned telephone conversation and the terms and conditions recorded in this document constitute the entire agreement regarding the provision of the Services to you.
- We have defined some of the words which have particular meanings in clause 12 of the Agreement.
- If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at firstname.lastname@example.org and we will contact and assist you.
- We may from time to time amend these terms and conditions. Should we do so, we will notify you
Duration and Termination
- We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
- Either you or us may, for any reason, terminate the Agreement by giving each other 20 Business Days' written notice. Any notice by you to terminate the Agreement must be sent to email@example.com
- If you terminate the Agreement we will have the right to keep any money paid by you in advance, but subject to restrictions applied by law.
- We will take all reasonable steps within our control to provide you with the Services.
- The Services can only be accessed via an internet connection.
- The Services are provided through our affiliate, Showmax, via its website, www.showmax.com. When you access the Services you will also be subject to the trading terms and conditions of Showmax.
- We cannot always guarantee that the Services will be fault-free. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers, third party providers and the like.
- Showmax OnAir and Showmax reserve the right to change or discontinue any aspect or feature of the content provided without notice.
- The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
Payment for the Services
- You shall pay all amounts due under this Agreement by way of a monthly debit order.
- Payment may be made via Visa, MasterCard, Diners or American Express credit cards. You have authorised us to collect payment for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month's subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.
- You cannot cancel your monthly debit order without our prior written consent.
- If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
- Credit card transactions will be processed for us via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate (Pty) Ltd uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the Website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Your personal details will be stored by us, separately from you credit card details which are stored on PayGate's secure site. For more details on PayGate refer to www.paygate.co.za.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Changes in price
We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement on 20 Business Days' notice
Failure to pay for the Services
If you do not pay for the Services in full and on time, via the debit order, or any other payment method, you will be in breach of the Agreement and we may cease providing you with the Services, and can implement the provisions of clause 10.
- We have a complaints department which is used to resolve disputes when they first arise. If you have a complaint, please contact the customer service department at firstname.lastname@example.org
Information and disclosure
- In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
- You warrant and guarantee that all information supplied to us is true and correct.
- Should your address, or any other information which you have given to us, change you must inform us of the change immediately in writing to email@example.com
Indemnity and waiver
- The Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
- You indemnify us, our employees and agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
- To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.
In the event that you breach the Agreement we have the right to:
- enforce the Agreement; or
- terminate the Agreement.
- In the event that you breach the Agreement we have the right to:
- Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.
- You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
- If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
- If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
- If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within 5 Business Days' after the date on which the Agreement was concluded.
- "the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
- "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
- "the Services" means the provision of an on demand streaming service, which we call Showmax Onair, provided through our affiliate, Showmax, via its website, www.showmax.com
- "Service Provider" means any third party who is a supplier of any benefit or services to you under or in terms of the Services;
- "we", "us" and "our" mean Showmax OnAir, the proprietor of which is Comit Technologies (Pty) Ltd its affiliates, subsidiaries or its successors-in-title;
- "Website" means www.onairtv.co.za/showmax
- "you" and/or "your" means you the customer who applies for and receives the Services.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.
Please find Showmax's T's & C's below, for their full list of T's and C's please visit their website.
- Showmax ("Showmax" or "we" or "us" or "our") provides an on demand streaming service (the "Showmax Service") through which users can stream or temporarily download television shows, movies, video or audio clips and other audio-visual materials ("Content") by using an electronic device which is capable of connecting to the internet, including personal computers, mobile phones, tablets, media players, smart TVs, set top boxes, gaming consoles and other similar devices ("Access Device").
- 1. You are not allowed to make any use of the Showmax Service or the Content if you do not agree to the Showmax Terms. If you make any use of the Showmax Service or the Content, this will mean that you agree to the Showmax Terms. If you do not agree to the Showmax Terms, you must immediately stop using the Showmax Service and the Content.
Access Devices and other equipment and facilities
- You are only entitled to use the Showmax Service and stream or download the Content through the methods permitted and intended by us, which may include through the use of the Showmax Website, or through the use of the Showmax App on a registered Access Device.
- A Subscriber may register up to 5 Access Devices to a Showmax Account at a time as advised by us from time to time. A Subscriber will be able to remove Access Devices from a Showmax Account, which you no longer use or in order to register other Access Devices. We may place a limitation on the number of times that you can register or remove a particular Access Device on your Showmax Account during a calendar year. We may change this limitation from time to time.
- Showmax may offer different packages as part of the Showmax Service. Each type of package will have restrictions on the number of concurrent streams of Content to an Access Device registered to a Showmax Account of a Subscriber to that package. These restrictions are determined by Showmax and details can be obtained from Showmax prior to subscribing to a package. The number of concurrent streams of Content that are allowed to an Access Device registered to your Showmax Account at any time, will depend on the particular type of package that you subscribe to. You must not exceed the number of concurrent streams of Content to an Access Device registered to your Showmax Account that apply to the particular package you have subscribed to.
- In order to access and use the Showmax Service, your Access Devices must meet the minimum technical specifications as set out on the Showmax Website at https://www.showmax.com/help. We will not be responsible for your inability to access the Showmax Service and Content due to limitations specific to your Access Devices.
- You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, software, systems, materials, applications, platforms, and the like, ("Technology") needed to access the internet or to use the Showmax Service.
- If an 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 and access the Showmax Service.
- 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.
- The quality of the Showmax Service and the Content, and your ability to use the Showmax Service 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 your location, the bandwidth available, your Access Devices and their functionality or capabilities, the speed of your internet connection, the services provided by your service providers, and the communications facilities being used by you.
- 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 or to use the Showmax Service.
Permitted use and what you are not allowed to do
- The Showmax Service may only be used by you in a lawful manner in the way that we specifically intended and for your personal and non-commercial purposes (the "Permitted Use").
You must not, directly or indirectly, do any of the following things or allow anybody else to do so:
- perform any action that violates any of these Showmax Terms or any guidelines or policies posted by us;
- display, distribute, communicate, transmit, publish or broadcast the Showmax Service or the Content to the public;
- perform any action which is illegal, fraudulent or violates or infringes any Intellectual Property Rights listed in clause 15 below;
- use any, and all Technology or other means to access, index, frame or link to the Showmax Service (including the Content) in a way that is not expressly authorised by us;
- use Technology or other means to remove, disable, bypass, or circumvent any Content protection or access control mechanisms, including those intended to prevent the unauthorised download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the Content or the Showmax Service;
- use Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or other Technology or identifying information contained on an Access Device;
- use any Access Devices which have been "jailbroken" or "rooted";
- access the Showmax Service (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 Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
- introduce any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Access Device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ("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 Service;
- damage, disable, overburden, impair, or gain unauthorised access to the Content, the Showmax Service, the Showmax Website, Technology used by Showmax or other persons, or the Showmax Accounts of Subscribers or other users;
- remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Showmax Service (including the Content), the Showmax Website, or the Showmax App;
- use the Showmax Service to advertise or promote products or services that are not expressly approved in advance in writing by us;
- encourage conduct that would constitute a criminal offense or give rise to civil liability;
- interfere with any other person's use and enjoyment of the Showmax Service, the Showmax Website, or the Showmax App;
- attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the Showmax Service, or the Content, or the Showmax Website, or the Showmax App; and
- receive or charge money, favours or other consideration for allowing any other person to use or access the Showmax Service, the Content or your Showmax Account, (all of the above are called "Prohibited Acts").
- These Showmax 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.
- We may use Technology and other means to monitor that you are complying with these Showmax Terms.
The Content and restrictions and changes to the Content and the Showmax Service
- It is your responsibility to satisfy yourself, prior to accessing the Content, that the Content meets your individual requirements.
- Unless otherwise expressly stated in these Showmax 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.
- We may continuously update the Showmax Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the Showmax Service and Content.
We may, in our sole discretion:
- select and determine the Content that will be available for streaming or download, or as part of the Showmax Service;
- change, remove and update the Content that will be available for streaming or download, or as part of the Showmax Service, from time to time;
- restrict access to Content to particular Subscribers or Authorised Users or choose whether to make available certain Content to any particular Subscriber or Authorised User at any particular time;
- limit the number of programmes or temporary downloads of any part of the Content that can be made by you or through a Showmax Account at any time;
- limit the number of temporary downloads of a particular programme or part of the Content you may make or initiate, or which may be made or initiated through a Showmax Account;
- limit the amount of times you can attempt to download a particular programme or part of the Content, where the downloading of the programme or part of the Content fails to complete because of poor
- internet connection or other technical problem;
- make different Content available to different Subscribers or Authorised Users in different geographical locations;
- implement Technologies and measures and take steps to remove and delete Content and downloads of Content from any Access Devices and render such Content and downloads unviewable; and
- implement Technologies and measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content.
- 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.
- You must not attempt to access restricted Content.
- We reserve the right to implement Technologies, including geo-blocking technology. This includes 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, and other measures in order to verify your geographic location and monitor that you are not accessing restricted Content from restricted geographic locations.
Age restrictions and supervision of users
- 1. You must supervise all use of the Showmax Service through your Showmax Account, and every person using the Access Devices registered to your Showmax Account. You must also ensure that all persons that use the Showmax Service through your Showmax Account, and every person using the Access Devices registered to your Showmax Account, complies with these Showmax Terms and does not engage in any Prohibited Acts.
- 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.
- It is your responsibility to manage access and you must take all reasonable steps to prevent the viewing of Content by people below the prescribed age restriction specified by us or by any applicable regulatory authority. You must also ensure that parental guidance restrictions and requirements are adhered to. 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.
Limits to our liability
As far as the law allows, we and our affiliates will not be responsible to you (and we hereby disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from any:
- errors, mistakes, or inaccuracies in the Content or the Showmax Service;
- personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Showmax Service;
- any unauthorised access to or use of our Technology and/or any and all personal information stored therein;
- 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 Service or the Content; and/or
- any Destructive Code which may be transmitted to or through the Showmax App, the Showmax Website, the Showmax Service or the Content.
- The provisions of clause 17.1 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.
- As far as the law allows, we and our affiliates will not be responsible to you (and we hereby disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from any:
As far as the law allows, you hereby irrevocably indemnify us and our affiliates and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of:
- you infringing or misusing any person's rights, including Intellectual Property Rights in relation to the Showmax Service and Content;
- you performing a Prohibited Act;
- you failing to comply with these Showmax Terms; and/or
- any deliberate or unlawful act that you commit or a failure to act.
- As far as the law allows, you hereby irrevocably indemnify us and our affiliates and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of: