1.1. This website, with its home page accessible at [Insert] (this “Website”) is made available to you by MultiChoice Africa Limited (“MultiChoice”), Registration number 43308-C1/GBL, at 6th Floor Tower A, 1 Cybercity, Ebène, Mauritius.
1.3. By accessing or using the Website or any part thereof, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using or accessing this Website and you are not authorised to use or access this Website.
1.4. Please note:
1.4.1. we may change these Terms from time to time and without giving you notice, other than publishing the updated Terms on this Website. You must review these Terms as published on this Website whenever you access or visit this Website. By using or accessing this Website, the then-current version of these Terms as published on this Website will apply to that use and access of this Website by you; and
1.4.2. there may be additional terms and conditions, disclaimers and disclosures that apply to the use of certain parts of this Website or content on this Website (“Additional Terms”). The Additional Terms form part of these Terms and will be accessible on those parts of the Website or content to which they apply. By using those parts of this Website or content, you will be deemed to have agreed to the Additional Terms. If there is any conflict or inconsistency between any part of these Terms or the Additional Terms, the Additional Terms will apply to the extent of the conflict or inconsistency.
1.5. For the purpose of these Terms and wherever the context so requires, the terms “you”, and “your” and “user” shall mean any person who accesses or uses the Website.
2. PERMITTED USE
2.1. This Website is only intended to provide the user with information about MultiChoice, its subsidiaries and other members of its group of companies (individually and collectively referred to as the “MultiChoice Group”).
2.2. You may only use this Website for non-commercial purposes.
2.3. Users that wish to use or link to this Website for any purpose, or in any way, not expressly permitted in these Terms, may only do so with the express prior written permission of MultiChoice.
2.4. MultiChoice may revoke your rights to use this Website or the Content at any time and for any reason. MultiChoice can do this without giving you any notice or informing you of this.
3. PROHIBITED USE
3.1. You must not, directly or indirectly, do any of the following things or allow anybody else to:
3.1.1. perform any action that violates any of these Terms;
3.1.2. perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including, but not limited to, any intellectual property rights) in or to this Website or the Content;
3.1.3. use any Technology or other means to access, link to, index, frame, scrape, copy or reproduce the Website or the Content in a way that is not expressly authorized by us. In these Terms, “Technology” includes any hardware, software, programmes, networks, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form;
3.1.4. use Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms, including those intended to prevent the unauthorized download, capture, scraping, linking, framing, reproduction, access to, use or distribution of the Content or the Website;
3.1.5. access or use the Website or the Content through 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 Website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
3.1.6. 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 into the Website, the Content or the Technology used by MultiChoice or any other user of the Website;
3.1.7. damage, disable, overburden, impair, or gain unauthorized access to the Content or the Website;
3.1.8. remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Website;
3.1.9. use the Website or the Content to advertise or promote products or services that are not expressly approved in advance in writing by us;
3.1.10. interfere with any other person’s use and enjoyment of the Website;
3.1.11. attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the Website or forming part of the Content;
3.1.12. receive or charge money, favours or other consideration for allowing any other person to use or access the Website or the Content, (all of the above are called “Prohibited Acts”).
3.2. These Terms and any restrictions on the use of the Website will also apply to any part of the Website and Content that is cached when using the Website.
3.3. We reserve the right, and we are allowed, to use Technology and other means to monitor that you are complying with these Terms.
4. USE OF ARTICLES ON WEBSITE OF ELECTRONIC CLIPPING OR PERSONALISED NEWS SERVICES
4.1. You may, subject to these Terms, use any of the articles on the Website in electronic clipping services or personalised news services only if such electronic clipping service or personalised news service:
4.1.1. does not copy or provide the entire article as it appears on the Website, but provides only a short, accurate description of the contents of the article;
4.1.2. provides a correct and functioning hyperlink to the article on the Website;
4.1.3. acknowledges the Website as the source of the content;
4.1.4. acknowledges writers, journalists, photographers and any other third parties as they are acknowledged on the Website;
4.1.5. indicates the date on which the article was sourced from the Website; and
4.1.6. includes the following copyright notice: “© MultiChoice Africa Limited. All rights reserved”.
5.1. The Content is continuously being updated to ensure that it is accurate, complete, adequate, and current at the time of publishing.
5.2. MultiChoice, members of the MultiChoice Group, and any third party data providers accept no responsibility, and will not be required, to update the Website or the Content or to notify you or other users of Content that is not up to date.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The Intellectual Property on this Website and the Content are the property of MIH Intelprop Holdings Limited and/or are licensed to MultiChoice and MultiChoice affiliates and are protected by various international copyright, trademark, patent, trade dress or other intellectual property laws and treaties.
6.2. These terms and conditions should not be construed as granting you any licence or right to use the intellectual property without our prior written consent.
6.3. You may not modify, copy, distribute, display, perform, reproduce, publish or create derivative works from the Content or any part thereof, except as expressly permitted by this Website. You may not remove any copyright, trademark or other proprietary notices from the Content.
6.4. Should you be requested by MultiChoice or any member of the MultiChoice Group to stop using any Content and/or the MultiChoice Trade Marks, then you agree to do so immediately upon receipt of such a request.
6.5. All our intellectual property rights are expressly reserved.
7. NO LIABILITY
7.1. As far as allowed by law, none of MultiChoice or any of the members of the MultiChoice Group will be liable for any damage, loss or liability of whatsoever nature arising directly or indirectly from the use, or inability to use, or reliance on, or the performance of, this Website or the Content or from any Destructive Code in this Website or the Content. As far as allowed by law, this applies even where there is negligence and also applies even if MultiChoice or members of the MultiChoice Group have been advised of the possibility of such, damage, loss or liability.
7.2. This Website and Content is supplied on an “as is” and “as available” basis and has not been compiled or supplied to meet the user’s individual requirements. MultiChoice and the members of the MultiChoice Group do not make any representations or give any warranties of whatever nature relating to this Website or the Content or the use thereof. As far as allowed by law, all representations and warranties of whatever nature relating directly or indirectly to this Website or the Content or the use thereof, and whether implied or imposed by law or otherwise, are hereby disclaimed and excluded.
When you use this Website, MultiChoice does not collect any information about you.
9. COMPLIANCE WITH LAW
9.1. These Terms and your use of the Website and the Content shall be governed by the laws of the England and Wales. In the context of this Website and the Content, You, MultiChoice and the members of the MultiChoice Group agree to the non-exclusive jurisdiction of the courts of the England and Wales.
9.2. Each provision of these Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows and subject to what is stated in the remainder of this clause 8, if any provision of these terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Terms. The rest of these Terms will still be valid and enforceable.
10. GENERAL AND CONTACT INFORMATION
10.1. The failure by MultiChoice or any member of the MultiChoice Group to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
10.2. These Terms makes up the whole agreement between you and MultiChoice relating to the use of this Website and the Content.
10.3. If you have any questions, or queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:
Address: MultiChoice Africa Limited
6th Floor Tower A