TERMS AND CONDITIONS APPLICABLE TO THE CINEMAGIC VIDEO SERVICE PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Provisions that purport to- (a) limit our risk or liability in any way; (b) constitute an assumption of risk or liability by you; (c) impose an obligation on you to indemnify us for any cause; or (d) be an acknowledgement of any fact by you, are recorded.
1. Acceptance of these Terms and Conditions
By utilising the Service you accept and agree to be bound by these terms and conditions, which set out the basis upon which we provide the Service to you.
By accessing or downloading the Content, an agreement between you and Exceptional Rights Pty Ltd incorporating these terms and conditions will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary.
It is your responsibility to keep up to date with any changes in the terms and conditions.
'Access Period' means the limited time during which certain Content may be viewed by you after you have accessed it from us;
‘Agreement.’ means the agreement concluded between us and you on the terms and conditions contained herein;
'Content' means the videos, owned or controlled by us, as selected in our sole discretion and described on the Website from time to time;
'Device' means the device or devices that you can use to access the Service that have been approved by us in our sole discretion;
‘ECT Act ‘ means the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;
'Once-Off Payment' means a once-off amount (which is set out on the Website) payable in advance, that you agree to pay to us in order to access the Service and view an item of Content;
‘Price.’ means the price payable by you to us for you to access Content on the Service, at the then current rate as appears on the Website from time to time,
'Service' means the video on demand (VOD) streaming service known as “CINEMAGIC” provided by us to you whereby you select which Content you wish to view, then access such Content from us and which is then streamed over the internet directly to your Device;
'Subscription' means the daily, weekly, monthly recurring price (which is set out on the Website) payable in advance that you agree to pay to us in order to access the Service and view any Content during the Access Period until you unsubscribe;
'Territory' means the Republic of South Africa;
'CINEMAGIC' means a trademark and registered URL domain of Exceptional Rights (Pty)Ltd
‘we’ ‘our’ and ‘us.’ means CINEMAGIC;
'Website' means the website located at www.cinemagic.co.za and
‘you’ and ‘your’ means you, the person that pays for or uses (or intends to use) the Service.
Service” means downloadable and streaming mobile entertainment content, such as Video, Ringtones, Games, Graphics, text SMS's & other mobile data through its website, SMS (Short Message Service) services & USSD menus to certain compatible mobile devices. The Service may also include access to products & services of third parties. After proper registration & payment, you will be permitted to download certain products through the service to compatible mobile phones & other compatible devices.
3. Limitations on Use of the Service
3.1 You must be at least 18 years old to use the Service, or, if you are not at least 18, you may use the Service only with the permission of your parent or guardian.
3.2 The Service is available for your private, non-commercial use in the Territory only. You may only access and use the Service via your Device(s) in the Territory. 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.
3.3 You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes our rights or the use policies of any networks.
3.4 To access and use the Service you must:
3.4.1 Ensure that your Device meets the minimum hardware, systems and software requirements, as set out on the Website and updated by us from time to time.
3.4.2 Ensure that you have access to either a suitable mobile or fixed broadband internet connection, as set out on the Website and updated by us from time to time.
3.5 You may not download Content to your Device or transfer it to another Device.
3.6 The number of Devices on which you may access and use the Service and view the Content shall be limited, as determined by us in our sole discretion from time to time.
3.7 You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the Content.
3.8 Content owners may use a content access technology system to protect their intellectual property, including copyright content. If the PlayReady technology fails to protect the content, content owners may require the service to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the technology to continue to access the service's content. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
3.9. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable for damages, costs and expenses incurred by Exceptional Rights as a result of your breach of this Agreement.
3.10. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not.
3.11. Nothing in this Agreement affects your statutory rights as a consumer.
3.12 You agree where the content relates to medical tips or general advice it does not constitute diagnosis or the views of the service provider and you indemnify Exceptional Rights against any loss that you may suffer relating to such content.
3.13. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by Exceptional Rights or has been licensed to Exceptional rights by the rights owner(s).
3.14 All copies of Content remain the property either of Exceptional Rights Pty Ltd or the rights owner(s) from which the Content has been licensed.
4. Registration on the Website
4.1 In order to access the Service you will be required to register on the Website.
4.2 When you register for the Service on the Website you will be requested to choose a username and password.
4.3 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.
4.4 If you have any reason to believe that the confidentiality of your username or password has been compromised, you must immediately inform us and change them by sending a request to firstname.lastname@example.org
4.5 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.
5. Prices, Payment and Access Period
5.1 All of our Prices in relation to the Service are set out on the Website and may change from time to time.
5.2 You must pay the applicable Price to us.
5.3 Subject to clause 7.1 below, once you have paid the Price you will not be entitled to a refund in respect of any Content, even if you did not view the Content or you only partially viewed the Content by the time your Access Period expires.
5.4 Prices do not include the charges by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection that is required to use the Service, which is for your account.
5.5 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.
5.6 Once the Access Period has expired the Content will be automatically deleted from your Device(s) or not accessible for you to view.
6. Broadband Requirements
6.1 The Service is provided to you via a mobile or fixed broadband internet connection. We will not be held liable if the Service is suspended, interrupted or not available to you due to broadband internet connection interruptions, slow connections or congestion.
6.2 You will be responsible for any charges, costs and/or fees levied by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection necessary to access the Service.
6.3 It is your responsibility to check the data tariff applicable to you and make sure that you are familiar with the charges, costs and/or fees levied by your mobile network operator and/or internet service provider for such data.
7. Cancellation of the Service by You
7.1 You can cancel your subscription at any time by emailing email@example.com or submit cancellation via the website via your profile or dialling *155# on your device and selecting the appropriate unsubscription options.
8. Cancellation, Suspension or Restriction of the Service by Us
8.1 We can cancel this Agreement at any time and for any reason. Except as otherwise specified in clause 8.4 below, if we cancel this Agreement and:
8.2 you pay a Subscription to use the Service, you will have access to the part of the Service to which the Subscription relates for the remainder of your current Subscription Period,
8.3 Some of the Content we provide is supplied by third parties. The availability of such Content is outside our control and we may be unable to make certain Content available via the Service or we may be unable to show Content on certain Devices. We shall use our reasonable efforts to notify you in advance (via the Website or otherwise) about the unavailability of certain programmes and Device restrictions.
8.4 We may immediately suspend or restrict your use of all or any part of the Service:
8.4.1. if your payments are outstanding;
8.4.2. if you breach this Agreement;
8.4.3. for technical or operational reasons;
8.4.4. if we consider that you have committed or may be committing any fraudulent activity against us or against any other person through your use of the Service; or
9. Limitation of Liability and Disclaimer of Warranties
9.1. To the fullest extent permitted in law, you understand, acknowledge and agree that the use of the Services is at your sole discretion and risk. We shall not be liable for any direct, indirect or consequential damages suffered by you, whether arising from the Services or otherwise.
9.2. Without derogating from the generality of clause 9.2 above and to the fullest extent permitted by law, we will not be liable under this agreement for:
9.3.1. any use of the Service that we do not authorise;
9.3.2. varying, suspending, restricting or ending the Service in accordance with clause 8 and/or 12;
9.3.3. any delay or failure by us to provide the Service (or any part of it) caused by events outside our reasonable control including, but not limited to, slow internet connectivity, internet congestion, weather conditions, civil disorder, terrorist activity, war and government action.
9.3.4. any loss or damage caused by us or any of our respective officers, employers or agents in circumstances where:
→ there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or
→ such loss or damage is not a reasonably foreseeable result of any such breach.
9.3.5. any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of this Agreement.
9.3.6. any loss or damage caused by any:
→ errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us; or
→ incompatibility of the Service with any other software, hardware or material on your device.
9.6 To the fullest extent permitted by law, the Service and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Service are provided by us on an "as is" and "as available" basis, unless otherwise specified in writing.
9.6 To the fullest extent permitted by law we make no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Service, unless otherwise specified in writing. You expressly agree that your use of the Service is at your sole risk.
9.6 To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, our servers or electronic communications sent from us are free of viruses or other harmful components.