SHOWMAX WEBSITE TERMS OF USE

  1. Introduction

    1. Showmax ("Showmax" or "we" or "us" or "our") provides an on demand online streaming service (the "Showmax Service") through which users can stream or temporarily download television shows, movies, video or audio clips and other such audio-visual media ("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").
    2. These are the general terms and conditions, which may be amended from time to time ("Terms of Use") that apply when a person ("User" or "your" or "you") accesses and uses of the website accessible at https://www.showmax.com and any other URL used by us from time to time ("Showmax Website").
    3. By accessing the Showmax Website, you agree that you have read, understood and agree to be bound by the Terms of Use which are posted on the Showmax Website at the time of such access and use.
    4. Additional terms and conditions may apply to particular information, content, services, applications or any other aspect of the Showmax Website or to products and/or services provided by us ("Additional Terms"). In the event of conflict between these Terms of Use and the Additional Terms, the provisions in these Terms of Use will prevail.
    5. Please note that the following are hereby incorporated into the Website Terms and Conditions:
    6. our privacy policy, accessible at https://faq.showmax.com/eng/legal/privacy-policy ("Privacy Policy"); and
    7. there are different terms and conditions that apply in different countries. Please visit the Showmax website for more information.
  2. Hardware, software and internet access

    1. It is your responsibility to acquire and maintain, at your expense, the computer hardware and software, telecommunications facilities and internet access service ("IT Facilities") in order to access and use the Showmax Website.
    2. You must ensure, prior to accessing the Showmax Website at any time, that the Showmax Website is compatible with your IT Facilities and that your IT Facilities are sufficient in order for you to access and use the Showmax Website.
    3. You agree not to access, or attempt to access, the Showmax Website by any means other than through the interface that is provided by us.
    4. We will not be responsible for your inability to access and/or use the Showmax Website, either optimally or at all, if you do not comply with clauses 6, 7 and 8 of the Terms of Use.
  3. Allowed use and licence

    1. You may only access and use the Showmax Website, or any of the information or materials provided on the Showmax Website, in a lawful manner, for your private and non-commercial purposes, and in accordance with the Terms of Use, and not for any commercial or other non-private purposes, unless our prior written consent is obtained.
    2. You may cache the Showmax Website provided that:
      1. the purpose of the caching is to make the onward transmission or download of the content from the Showmax Website more efficient;
      2. 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 Terms of Use; and
      3. you update, or remove from your computer system, the cached data or content if we request you to do so.
    3. No person may frame the Showmax Website in any manner without our prior written consent.
    4. Other than bona-fide search engine operators and the use of the search facility provided on the Showmax 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 Showmax Website for any purposes without our prior written consent.
    5. You may post your personal opinions, messages and ideas on any forum on the Showmax Website once you have registered to participate in reviewing and/or rating the Showmax Service and accepted the forum terms and conditions (if any).
    6. You undertake not to post any information or content onto the Showmax Website that is, or may be, unlawful, defamatory, harassing, obscene, personal, commercial advertising, marketing material, profane, untrue, false, incorrect, misleading, infringes 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. Without limiting the generality of this clause 15, you agree that you will not upload, post or otherwise transmit any content that includes any of the following:
      1. any personal information belonging to you or another person;
      2. spam or unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
      3. flooding any forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;
      4. discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company, product or service;
      5. unfounded or vexatious complaints about us, our Affiliates or our policies or practices;
      6. attacks (including 'Flaming') of another User in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other Users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary usernames or other aliases for the purpose of either endorsing or denigrating others; posts that breach any User's privacy by including that User's personal information;
      7. posting a link or otherwise directing other Users to any information or content that, if posted on the Showmax Website would contravene these Terms of Use;
      8. include URLs of Third Party Websites which may contain offensive or unlawful material;
      9. advice that would result in a breach of any of our product or equipment warranties;
      10. advice that would result in a breach of the agreement between Showmax and subscribers to the Showmax Service, which sets out the terms and conditions on which the subscriber is authorised to access and use the Showmax Service in exchange for payment of the applicable subscription fee ("Subscription Agreement"), or any of the Additional Terms; and
      11. advice that, if followed, could result in injury or harm.
    7. We may manage the postings or submissions on the Showmax Website to provide an orderly presentation of this information, to ensure that postings or submissions comply with these Terms of Use, and for any other reason we consider appropriate, although we will have no obligation to do so.
    8. We may modify, refuse to post or remove any content posted by you, although we will have no obligation to do so.
    9. You are encouraged to report to us information or content on the Showmax Website that you believe contravenes our obligations as set out in these Terms of Use.
    10. To effectively manage the Showmax Website, we may designate employees or other persons to act as moderators and administrators for the Showmax Website ("Moderators"). You agree to comply with directions from us or the Moderators regarding your access to and use of the Showmax Website.
    11. Notwithstanding the provisions of clause 16 and 17, we are not responsible for any information or content posted by you or third parties on the Showmax Website.
    12. If you post any information or content onto the Showmax 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 Website.
  4. Cost of Showmax Website access

    1. Subject to these Terms of Use, you may access this Showmax Website for free. However, access to some or all of the pages on the Showmax Website may be restricted to persons who are registered for access to the restricted pages on the Showmax Website by providing their username/email address and creating a password.
    2. Notwithstanding clause 22, we may, in future, charge you to access and/or use the Showmax Website, or any aspect thereof, provided that we will give you prior notice of such change on the Showmax Website.
  5. Hyperlinks

    1. Subject to these Terms of Use, you may hyperlink to the Showmax Website from another website.
    2. When you hyperlink to the Showmax Website from another website, you do so at your own risk.
    3. We may provide hyperlinks to websites which are not owned and/or controlled by us ("Third Party Websites"). Such links do not imply any endorsement of, agreement with, or support for the information on or content of those Third Party Websites by us.
    4. We do not editorially control the information or content on those Third Party Websites and neither we, nor any person we control or who controls us ("Affiliate") will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Showmax Website.
  6. Security

    1. You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the Showmax Website, or compromise the security or stability of the Showmax Website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses, worms and trojan horses) or other damaging or destructive component to the Showmax Website, or the server and computer network that support the Showmax Website.
    2. You are responsible for the security and proper use of your username and password.
  7. You must take all reasonable steps practically possible to prevent compromising the security and stability of the Showmax Website.
  8. Privacy

    1. The Privacy Policy sets out what personal information we collect from you when you use the Showmax Website, how we collect your personal information, why we collect it and how we use it, and related matters. Please read the Privacy Policy carefully to understand our views and practices regarding your personal information and how we treat it (even if you are a long-standing site user) and contact us if you need clarity or assistance.
    2. The terms of our Privacy Policy are incorporated in these Terms of Use, and you agree to be bound by the Privacy Policy as if its provisions have been included in these Terms and Conditions in full.
  9. Intellectual property rights and domain name use

    1. All intellectual property on the Showmax Website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, hyperlinks and domain name(s), whether registered or not (the "Intellectual Property") is the property of, or is licensed to, us and/or our Affiliates.
    2. These Terms of Use should not be construed as granting you any licence or right to use the Intellectual Property without our prior written consent.
    3. Without limiting the scope of clause 33, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the Intellectual Property, or any aspect thereof.
    4. All our Intellectual Property rights are expressly reserved.
  10. Disclaimers

    1. In clause 39, references to Showmax, "we", or "us" includes our directors, officers, employees, agents, representatives, intermediaries and Affiliates.
    2. Information, ideas and opinions expressed on the Showmax 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 Showmax Website.
    3. To the full extent permitted by applicable law:
      1. We make no representations and give no warranties, whether expressly or implicitly, as to the Showmax Website or the information provided on the Showmax Website, and specifically, but without limitation, make no representations and give no warranty:
        1. that the Showmax Website will be tailored to meet your personal requirements or expectations;
        2. of the time within which the Showmax Website will be updated, or that access to the Showmax Website will be uninterrupted or error-free; or
        3. that the information provided on the Showmax Website will be true, complete, accurate or reliable.
      2. 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 Website. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
        1. access to the Showmax Website;
        2. inability to access, or delays or difficulty in accessing, the Showmax Website, to the extent that such inability, delay or failure results from causes beyond our reasonable control;
        3. access to any websites linked to the Showmax Website;
        4. inability to access, or delays or difficulty in accessing, any websites linked to the Showmax Website;
        5. access to, use of, or reliance on information or content available on the Showmax Website;
        6. without limiting the scope of clause 39.2, any content posted by third parties on the Showmax Website;
        7. services available from the Showmax Website;
        8. our delay or failure to fulfil our obligations under these Terms of Use to the extent that such delay or failure results from causes beyond our reasonable control; or
        9. any negligent act or omission of ours or our consultants, agents or employees.
  11. Product details and changes thereto

    1. Prior to making any decisions or entering into any agreements or transactions, you should confirm the relevant details, such as the nature, description, content and cost of the products and services (e.g. subscription fees or equipment) via the Showmax Website.
    2. We also draw to your attention that our products and services (and any aspect thereof, including the nature, content, features and pricing) are subject to change from time to time. The updated details will appear on the Showmax Website from time to time.
  12. Pricing

    1. The prices for the various products and services we offer are specified on the Showmax Website and are subject to change. We will display the updated prices on the Showmax Website from time to time.
    2. Reference to a "subscription price" or "subscription fee" on the Showmax Website means the subscription fee, including VAT, but excluding any hardware used to access the Showmax Service.
  13. Time, place, manner and attribution of Data Messages

    1. The parties agree to the following:
      1. Data generated, sent, received or stored by electronic means ("Data Messages") addressed by you to us will be deemed to have been received by us only if we respond thereto or acknowledge receipt thereof;
      2. Data Messages addressed by us to you will be deemed to be received by you when the complete data message enters an information system designated or used by you for that purpose and is capable of being retrieved and processed by you;
      3. Data Messages addressed by you to us or vice versa will be deemed to have been created and sent from any territory in which the Showmax is operated;
      4. Authentication methods such as electronic signatures or encryption techniques are not required for purposes of communications between you and us;
      5. Any Data Messages that are sent by you to us from a computer, IP address or mobile device normally used by or owned by you will be deemed to have been sent to us by you, or on your behalf by a person duly authorised by you.
  14. Amendment of Showmax Website and Terms of Use

    1. You agree that we may from time to time vary or discontinue the information, content, services, applications or any other aspect of the Showmax Website, and change the IT Facilities required to access and use the Showmax Website or the information, content, services and applications on the Showmax Website.
    2. Such a change will not affect our or your rights and obligations in respect of a transaction or agreement between us which is already complete at the time of such change.
    3. All permissions granted in these Terms of Use are provided on a non-exclusive and non-transferable basis.
    4. We may, at any time, amend these Terms of Use.
    5. We will notify you of the changes at least by sending you an email, through a pop-up notice when you access the Showmax Website, or through a pop-up notice when you log into your Showmax Account.
    6. If you do not agree with any changes to these Terms of Use, you may end your use of the Showmax Service in the way set out in the Subscription Agreement.
    7. In the event of conflict or inconsistency between these Terms of Use and any other terms and conditions relating to another product or service offered by Showmax or a third party, the provisions in these Terms of Use will prevail in relation to the Showmax Service and the provisions of the other terms and conditions will prevail in relation to the other product or service.
  15. Termination of the Showmax Website

    1. We may terminate the Showmax Website, or any aspect thereof, at any time.
    2. Our Privacy Policy, concerning our Intellectual property will survive the termination of these Terms of Use for any reason whatsoever.
  16. Entire agreement and variation

    1. These Terms of Use, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.
    2. In the event that any provision detailed herein is found to be unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.
  17. Communications

    1. When you register on the Showmax 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, please refer to the "account section" on the Showmax Website or use the "unsubscribe" options set out in any direct marketing communications which we send you.
  18. Legal costs

    1. We will not be responsible for any costs incurred by you to obtain professional advice relating to these Terms of Use.
  19. Breach

    1. Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms of Use and as a result of which we suffer any loss, liability, harm or damage.
    2. Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms of Use is without prejudice to and does not constitute a waiver of any right or provision either in these Terms of Use or any applicable law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.