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://stories.showmax.com/ (hereinafter referred to as the “Website”), operated by MultiChoice Africa Holdings B.V., a company established under the laws of Netherlands, with its registered office at Taurusavenue 105, 2132 LS Hoofddorp, Netherlands (Registration Number: 817885821) (hereinafter referred to as the “Administrator” or “we”, “us” or “our”). The objective of the website is to help users of subscription video on demand (SVOD) services source and select popular content that appeals to their preferences.
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.
2. Hardware, Software and Internet Access
2.1. 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. In other words, you may only access and use the Website, or any of the information or materials provided on the Website , in a lawful manner, for your private and non-commercial purposes, and in accordance with the Website Terms and Conditions of Use, and not for any commercial or other non-private purposes, unless our prior written consent is obtained.
3.2. Access and use of software and/or source codes published on https://stories.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. You may cache the Website provided that the purpose of the caching is to make the onward transmission or download of the content from the Website more efficient, that you do not modify, reproduce, interfere with the cached data or content in any manner whatsoever, or otherwise use the cached data or content in a manner not authorised by us in these Website Terms and Condition of Use, and that you update or remove from your computer system, the cached data or content if we request you to do so.
3.4. No person may fram the Website in any manner without our prior written consent. Other than bona-fide search engine operators and the use of the search facility provided on the Website, no person may use, or attempt to use, any technology or applications (such as web-crawlers, web-spiders, robots, harvesting bots or scrapers) to search the Website for any purposes without our prior written consent.
3.5. You may post your personal opinions, messages and ideas on any forum on the Website once you have registered to participate in reviewing and/or rating and accepted the forum terms and conditions (if any).
3.6. You undertake not to post any information or content onto the Website that is, or may be, unlawful, defamatory, harassing, obscene, personal, commercial advertising, marketing material, profane, untrue, false, incorrect, misleading, infringe privacy rights, intellectual property rights or any other rights or interests of ours, our Affiliates or of a third party, or is harmful in any way.
3.8. To effectively manage the Website, we may designate employees or other persons to act as moderators and administrators for the Website (“Moderators”). You agree to comply with directions from us or the Moderators regarding your access to and use of the Website.
3.9. Notwithstanding the provisions of the above clauses, we are not responsible for any information or content posted by you or third parties on the Showmax Stories Website.
3.10. If you post any information or content onto the Showmax Stories Website, you will be responsible for any loss, liability or damage that we or our Affiliates may suffer, directly or indirectly as a result of your posting to the Showmax Stories Website.
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 Stories and its activities.
4.2.The 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.
5.1. 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.
6.1. It is prohibited to intentionally or negligently 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.
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.
9.1. The 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.
10.4. We can from time to time amend these Terms and Conditions. In such an event we shall publish the amended version of the Terms and Conditions on the Website.
11. Website Termination
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.
13.1. 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.
14.1. When you sign up on the Showmax Stories Website, we will check our systems to confirm whether you have requested not to receive communications from us regarding our products and/or services. If you do not wish to receive such communications from us, use the “unsubscribe” options set out in any direct marketing communications which we send you.
15.1. Information, ideas and opinions expressed on the Website should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the Website.
15.2. To the full extent permitted by applicable law, we make no representations and give no warranties, whether expressly or implicitly, as to the Website or the information provided on the Website, and specifically, but without limitation, make no representations and give no warranty that the Website will be tailored to meet your personal requirements or expectations, that the information provided on the Website will be true, complete, accurate or reliable, that access to the Website will be uninterrupted or error-free.
15.3. We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the Showmax Stories Website.
16.1. Any disruptions in the operation of the Website or any other issues may be reported through the live chat provided at https://chat.showmax.com or to the email address of firstname.lastname@example.org. The Administrator shall address any claim or complaint within thirty days of its filing.
17. Final Provisions
17.1 These Terms and Conditions have the effective date of 1.11.2021.