Terms of use of the Website


TABLE OF CONTENTS
Clause number and description Page
1. YOUR AGREEMENT TO THESE WEBSITE TERMS OF USE
2. PERMITTED USE
3. PROHIBITED USE
4. ACCOUNTS, PASSWORDS AND SECURITY
5. PRODUCTS, SERVICES AND PROMOTIONS
6. CONTENT MUST NOT BE RELIED ON
7. INTELLECTUAL PROPERTY RIGHTS
8. NO LIABILITY
9. PRIVACY
10. COMPLIANCE WITH LAW
11. GENERAL AND CONTACT INFORMATION
  1. YOUR AGREEMENT TO THESE WEBSITE TERMS OF US
    1. This website, with its home page (this "Website") is made available to you by MultiChoice Africa Holdings B.V. ("MultiChoice"), its affiliates and other members of its group of companies (individually and collectively referred to as the "MultiChoice Group").
    2. These Website Terms of Use (these "Terms") apply to the use of this Website, associated sites linked by MultiChoice to the Website and the information, content, images, photographs, video, audio, data, works of authorship, materials, software and technology which may be displayed on, incorporated into, underlying, or used to operate, this Website (individually and collectively referred to as the "Content"), including but not limited to databases, text, information, graphics, trade marks, icons, logos, hyperlinks, sounds, photographs and designs.
    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.
    4. Please note:
      1. we may suspend, amend or terminate the website at any time without giving you notice;
      2. 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, use 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 access and use of this Website by you; and
      3. 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.
    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 as a guest or registered user.
  2. PERMITTED USE
    1. This Website is intended to provide you with information about MultiChoice, and the MultiChoice Group and not any other company.
    2. You may only use this Website for non-commercial purposes such as private purposes.
    3. You may view, copy, download to a local drive, print and distribute the information displayed on this Website, or any part thereof, provided that:
      1. such information is used for informational and non-commercial purposes only; and
      2. any reproduction of the information, or portions thereof, includes the following copyright notice: © MULTICHOICE AFRICA HOLDINGS B.V. ALL RIGHTS RESERVED.
    4. Any third party website may link to this website provided that such a link is directed solely to the home page of this Website and not to any other page or part of this Website.
    5. If you wish to use or link to this Website for any purpose, or in any way, not expressly permitted in these Terms, you may only do so with the express prior written permission of MultiChoice.
    6. 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
    1. You must not, directly or indirectly, do any of the following things or allow anybody else to:
      1. perform any action that violates any of these Terms;
      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. use any Technology or other means to access, link to, index, frame, scrape, copy or reproduce, republish 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;
      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;
      5. access or use the Website or the Content through automated means, including through the use of "robots," "spiders," or "offline readers" or “deep-link, or “page-scrape” or any other software or methodology (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);
      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 Website, the Content or the Technology used by MultiChoice or any other user of the Website;
      7. damage, disable, overburden, impair, or gain unauthorized access to the Content or the Website;
      8. remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Website;
      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;
      10. interfere with any other person's use and enjoyment of the Website;
      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; or
      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").
    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. We reserve the right, and we are allowed, to use Technology and other means to monitor that you are complying with these Terms.
  4. ACCOUNTS, PASSWORDS AND SECURITY
    1. Certain features of the Website may require you to be a registered user, requiring you to register an account on the Website.
    2. You agree that by registering an account on the Website that you will provide information that is accurate, true and correct.
    3. You agree that you will be responsible to main the confidentiality of your account, registration details, including your password. You agree to notify MultiChoice immediately of any unauthorised use of your account or password or any other breach of your account.
    4. You may not use anyone else’s account details, password or account at any time without the express permission and consent of the registered user of that password or account. MultiChoice will not be liable for any loss or damage arising from your failure to comply with these obligations.
  5. UPLOADING AND POSTING MATERIAL TO THE WEBSITE
    1. In the event that you upload or post any document or information to the Website, you confirm that you will only upload information that is accurate, true and correct.
    2. You indemnify us against the use of and reliance on any information that you upload or post to the Website.
    3. Any information which you upload or poste to the Website will be processed in accordance with our Privacy Policy and you agree to such information being processed.
    4. You acknowledge that we have the right to remove any content that you have uploaded or posted to the Website which may be obscene or indecent, racially prejudicial, offensive, blasphemous or defamatory or contrary to any law or which may have the effect of causing any embarrassment or injury to MultiChoice.
  6. PRODUCTS, SERVICES AND OFFERS
    1. MultiChoice offers various products, services and corporate social investment to the public.
    2. You agree that additional terms and conditions may apply to the purchase of products and or services including contests, promotions, offers or similar features and that you will be bound by those terms and conditions to the extents that you make purchases form MultiChoice or participate in contests, promotions, offers or similar features.
    3. MultiChoice’s obligations, if any, with regard to the products, services and offers are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
  7. CONTENT MUST NOT BE RELIED ON
    1. You acknowledge that the Content on the Website may not be accurate, complete, adequate, or current. Accordingly, the Content must not be relied on for any purpose. You indemnify us against any third party claims which may arise from your use and or reliance on the Content of the Website at any given time.
    2. MultiChoice, members of the MultiChoice Group, and third party data providers give no warranties or representations with respect to this Website or the Content, including in relation to the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Content.
    3. 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 inaccurate, incomplete, inadequate or out-of- date. Such information and data will not be updated and must be considered only in the context of its initial date of publication.
    4. None of the Content is professional advice or the official opinion of MultiChoice or members of the MultiChoice Group. Users are encouraged to consult professional advice before taking any course of action related to the Content.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. This Website and the Content are the property of MultiChoice or are licensed to MultiChoice and are protected by various international copyright, trademark, patent, trade dress or other intellectual property laws and treaties.
    2. Your rights to use the Website and the Content are expressly limited to those given to you in these Terms. 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.
    3. MultiChoice owns all rights in and to the logos and images that appear on this Website, including those depicted in MultiChoice' logo library (the "Logos and Images"). The Logos and Images are trademarks and copyrights of MultiChoice. MultiChoice' Logos and Images are important assets to MultiChoice, and represent a high standard of quality and brand recognition that MultiChoice spent substantial resources developing. Accordingly, the use of MultiChoice' Logos and Images is limited to editorial use by press agencies, journalists, and students in newspapers, news magazines, trade publications, broadcast media, online media, and educational articles about MultiChoice and MultiChoice's goods and services ("Editorial Purpose(s)"). MultiChoice strictly prohibits the use of its Logos and Images for any non-Editorial Purpose.
    4. Only those third parties who wish to use MultiChoice's Logos and Images for Editorial Purposes, and those third parties who obtained MultiChoice's prior, written consent to use its Logos and Images for non-Editorial Purposes, are authorized to use MultiChoice's Logos and Images ("Authorized Users"). MultiChoice grants all Authorized Users a revocable, non-exclusive license to use its Logos and Images; subject, however, to Authorized Users' ongoing compliance with the following use requirements ("Use Requirements"), which Authorized Users indicate they read, and agree to be bound by, by downloading MultiChoice's Logos and Images:
      1. Authorized Users must check MultiChoice's logo library before using a Logo or Image to ensure they are using the current version of the Logo or Image;
      2. Authorized Users must reproduce MultiChoice's Logos and Images exactly as they appeared in MultiChoice's logo library when they were downloaded;
      3. Authorized Users must not alter the color, font style, font size, or stylization of MultiChoice's Logos and Images;
      4. Authorized Users must not use MultiChoice's Logos and Images in a sentence or text string;
      5. Authorized Users must not use MultiChoice's Logos and Images in combination or conjunction with any other logos, designs, or elements;
      6. Authorized Users must use the correct trademark and copyright ownership symbols (i.e., ™, ® or ©) immediately after using MultiChoice' Logos and Images;
      7. Authorized Users must not re-distribute the materials in which MultiChoice's Logos and Images appear for other third parties to use or copy; and
      8. The goods and services that Authorized Users offer in connection with MultiChoice's Logos and Images must be of the same standard, grade, and quality of MultiChoice's goods and services maintained heretofore.
      9. An Authorized User's failure to comply with any of these Use Requirements will result in the revocation of their non-exclusive license to use MultiChoice's Logos and Images.
    5. 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. MultiChoice, members of the MultiChoice Group and their respective employees and other representatives do not accept or consider unsolicited ideas, including without limitation ideas for new promotions, new or improved products or technologies, marketing plans, new product names, program concepts, scripts, story lines, characters or any other proposals or suggestions. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to MultiChoice or any of its employees. Any similarity between an unsolicited submission and any elements in any creative work, product or service of MultiChoice or any member of the MultiChoice Group would be purely coincidental. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that your submissions will not be treated as confidential or proprietary and do not create any confidential or fiduciary relationship between you and MultiChoice or any member of the MultiChoice Group.
  9. NO LIABILITY
    1. You agree that your access and use of the Website and the Content will be entirely at your own risk.
    2. 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.
    3. 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.
    4. This Website may have links to other websites. Neither MultiChoice nor any of the members of the MultiChoice Group are responsible or liable for non-MultiChoice Group websites or the contents of these non MultiChoice-Group websites. MultiChoice and members of the MultiChoice Group also do not necessarily endorse or recommend such other websites or their contents. These other websites are also subject to their own terms and conditions. You should read the terms of use and other legal information displayed on those websites.
  10. PRIVACY
    1. You agree that we may process, use, transfer across borders your data in accordance with our Privacy Policy.
    2. By accessing and using this website as a guest or a registered user you consent to your data being processed.
    3. MultiChoice may rely on analytical tools to observe how users make use of the Website and the Content. These tools work through the use of cookies. A cookie is a small text file that is placed on the browser on your computer when you visit the Website. This enables MultiChoice to better understand and analyse the ways in which users make use of the Website, such as observing which Content is clicked on most frequently and how many unique visitors the Website receives. MultiChoice can then use this information to make changes and improvements to the Website and the Content. MultiChoice may also share this information with members of the MultiChoice Group and with service providers (for example, service providers involved in developing, maintaining and supporting this Website or the Content).
    4. Where there are links from this Website to other websites, MultiChoice is not responsible for the information processing and the privacy policies and practices of those websites operated by third parties. You should read the privacy policies on those websites to understand their data privacy practices. Note that even where you may choose to provide personal information on pages referencing MultiChoice on certain third party websites, MultiChoice's receipt of that personal information is controlled by the privacy policies of those third parties, and not these Terms.
    5. If you have any questions about the information we collect when you use this Website or the Content or how we use it, you can contact our privacy office at  legal.notices@multichoice.com.
  11. COMPLIANCE WITH LAW
    1. These Terms and your access and use of the Website and the Content shall be governed by the laws of the country from which you access the Website. 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 country from which you access the Website.
    2. If any part of these Terms (or any contract governed or created by the Terms) or the Website or the Content or your use thereof are regulated by or subject to any laws in any jurisdiction (including laws other than those of the country from which you access the Website), it is not intended that any part of these Terms contravenes any provision of such laws in such jurisdiction to the extent they are applicable. Therefore all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the applicable laws are complied with in that jurisdiction.
    3. No provision of these Terms (or any contract governed or created by these Terms):
      1. does or purports to limit or exempt MultiChoice or any member of the MultiChoice Group from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that applicable laws do not allow such a limitation or exemption;
      2. requires you to assume risk or liability for liability or loss (including the kind of liability or clause referred to above), to the extent that applicable laws do not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties, rights or obligations which are implied into the Terms (or any contract governed or created by the Terms) by applicable laws, or which we give under applicable laws, to the extent that applicable laws do not allow them to be limited or excluded.
    4. Viewing the Content you seek to access may not be lawful in certain jurisdictions. In certain jurisdictions, only certain categories of persons may be allowed to view the Content. You must satisfy yourself that you are not subject to any local requirements or laws that prohibit or restrict you from viewing the Content. You must comply with all requirements and laws that apply to you which prevent or restrict you from viewing the Content.
    5. 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 10, 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.
  12. GENERAL AND CONTACT INFORMATION
    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.
    2. These Terms makes up the whole agreement between you and MultiChoice relating to the access and use of this Website and the Content.
    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:
      1. email address: info@multichoicetalentfactory.com