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ULTRAVIEW TERMS AND CONDITIONS OF USE  

  1. INTRODUCTION

    1. e.tv (Pty) Ltd and Platco Digital (Pty) Ltd (“we / us / our”) makes a subscription television service, known as Ultraview, available to users that allows users to access the Content.

    2. By accessing the Service, you have accepted these Terms and Conditions of Use, which govern your use of the Service.

    3. You may only access the Service/Platform/Website/Content if you abide by these Terms.

    4. As used in these Terms, the Service means the subscription television service provided by us for watching the Content, including all features and functionalities, the website used for registration for the Service/Platform, and user interfaces, as well as all Content and software associated with the Service.

  2. DEFINITIONS

    1. “Act” means the Protection of Personal Information Act 4 of 2013.

    2. “Additional Users” means third parties who may access the Service from time to time through your Subscription and with your authorisation, which includes your household and family members.

    3. “Content” means the Content controlled by us and made available to you via the Service.

    4.  “Device” means any device that is capable of connecting to the platform and accessing the Service as more fully set out in these Terms, namely an OpenView decoder.

    5.   “Free Trial” means a three (3) day trial of the Service where you do not pay for a Subscription.

    6. “Intellectual Property Rights” means all the rights in and to intellectual property, including, but not limited to, computer code, formulae, trademarks, service marks, trade names, domain names, logos, get-up, know-how (including any confidential industrial and commercial information and techniques in any form), utility models, copyrights, database rights, rights in respect of any new or existing compilation of any data or information, any structured analysis, reports, application and any resulting know-how, use or any other results originating, or following from, or as a consequence of, data being made available in respect of the any of the above, or any part thereof.

    7. “Personal Information” means any Personal Information as defined in the Act and any other additional data that you are required to provide in order for the Service to be effectively rendered.

    8. “Platform” means the Ultraview pay television subscription platform;

    9. “Privacy Policy” means the policy which sets out how we use your personal information, which is accessible here.

    10. “Service” means the provision of the Content to you through the Platforms.

    11. “Subscription” means the monthly paid subscriptions offered by us to access the Service, or any other subscription that we may offer from time to time.

    12. “Subscription Period” means a period of 30 days or such other period as may be advertised from time to time;

    13. “Terms” means these terms as contained in these terms and conditions as updated from time to time in accordance with clause 3.7 below and including any links and their corresponding web pages which are specifically incorporated herein.

    14. “us” “we” “our” means etv (Pty) Ltd (registration no: 1997/012816/07), and Platco Digital (Pty) Ltd (registration no: 2010/008444/07).

    15. “Website” shall mean the website used to register for the Service available at: ultraview.tv and unlock.ultraview.tv

    16. “you” and “your” means the customer who uses the Service provided by us.

  3. TERMS AND CONDITIONS OF SERVICE

    1. By using the Service, you agree to be bound by these Terms and our Privacy Policy.  You agree that you are responsible for compliance with these Terms by anyone who uses the Service in your household, uses your Device or who has access to the Service associated with your account.  If you do not wish to be bound by these Terms, you may not access, display, use and/or download any of the Content or use the Service.

    2. You can access the Service by registering on the Website. If registration is successful, you will have access to watch the Content on the Platform.

    3. The Service and the Content may only be accessed and viewed in South Africa.

    4. The platform is continuously being improved and modified and therefore features and functionality may change, and/or be added or removed, from time to time without notice. This is a common practise in the broadcast industry. Under no circumstances will we be liable due to a unilateral expectation of certain features remaining on the platform for a certain time period, or time periods. You indemnify and hold us harmless in this regard.

    5. To access and use the Service you must:

      1. have a valid South African mobile cellular phone number and email address;

      2. have a working Device.

    6. We may, at our sole discretion, amend these Terms or any part thereof at any time with no notice to you. Any such amendment shall be made at our sole discretion. It is your responsibility to ensure that you are satisfied with the amendments by accessing the updated Terms via the Platform. Should you not be satisfied with the amendments, you are free to cancel your Subscription and cease using the Service. Your continued use of the Service will be deemed to constitute an acceptance by you of the amended Terms of the Agreement. 

    7. By using or accessing the Platform, or becoming a Subscriber, you consent to us collecting, processing, and disclosing the Personal Information you submit to the Service on the terms set out in our Privacy Policy.

  4. SUBSCRIPTION AND CONTENT

    1. Your access to the Platform will be determined by your Subscription. We reserve the right to change the Subscriptions offered by us or adjust pricing for the Subscriptions or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to the Subscriptions will take effect following notice to you.

    2. Each individual Device requires a separate Subscription.

    3. Free Trial

      1. Once you activate your Free Trial, the Free Period commences and shall continue for a period of three (3) days (“Free Trial Period”).

      2. You may cancel your Free Trial at any time.

      3. Should you cancel your Free Trial prior to the end of the Free Trial Period you cannot resume the Free Trial.

      4. Once your Free Trial has ended you will lose access to the content unless you purchase a Subscription.

    4. All Subscription charges are outlined on the Website. You will be billed at the full price associated to your chosen Subscription.

    5. Payments may be made via Visa, Mastercard, Diners or American Express Cards. All payments will be made in South African Rand (ZAR).

    6. All card transactions will be acquired by us via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on our website. You may go to www.paygate.co.za to view PayGate’s security certificate and security policy.

    7. Your details will be stored by us separately from your card details which are held by DPO PayGate’s secure site.

    8. Your Subscription Period starts from the first day on which it is purchased and will expire one month later (“the Subscription Period”), unless it has been renewed. No refunds will be provided should you cancel your Subscription prior to the end of the Subscription Period.

    9. If you select an auto-renewal Subscription, your Subscription will renew prior to end of the Subscription Period and you will be automatically billed for such Subscription. In this case your billing cycle shall occur on the same day of each month.

    10. If you have not selected auto-renewal, you will lose access to the Platform and the Content when the Subscription Period ends.

    11. You may renew or cancel your Subscription at any time by logging into your account on the Website.   

    12. Upon cancelation of your Subscription and you will not no longer be able to access the Content or the Service.

    13. The Content offering is constantly updated. We reserve the right to change, modify and/or delete the Content as we deem fit.

    14. The quality of the audio-visual image of the Content may vary, and may be affected by a variety of factors, such as your location, signal strength, etc. We shall not be responsible for the variation in such quality. We make no representations or warranties about the quality of your experience viewing the Content.

    15. All Intellectual Property Rights in the Website, the Platform and the Content are strictly reserved by us and nothing in this Agreement shall be interpreted to connote any assignment of such rights to you. Should you attempt to download the content through illicit means; or to record the content and transmit to third parties; or engage in any activity which constitutes copyright or trademark infringement, we reserve the right to hold you criminally and civilly liable.

    16. You may only access the Content as set out in these Terms.  You shall be entitled to access the Content solely for personal and non-commercial use.  Nothing in these Terms shall connote a transfer or assignment of any Intellectual Property Rights in and to the Content.  During your Subscription, we grant you a limited, non-exclusive, non-transferable right to access the Service and view the Content. Except as explicitly authorized in these Terms, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use the Content and/or any information contained on or obtained from or through the Service.

    17. We use all reasonable endeavours to ensure that any information made available through the Service is accurate and complete.  We provide the Service “as is”, without any warranties whatsoever. 

    18. You remain solely responsible for any activity that occurs through your Subscription.  Any act by an Additional User that breaches these Terms, shall be deemed a breach by you of these Terms.  We can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity. We are not obliged to credit you or provide you with a discount for holds placed on your Subscription by us or our processes. You hereby indemnify us from any claim arising out of or in connection with the unauthorised access to the Service and/or identity theft or other fraudulent activity.

    19. Any person that delivers or attempts to deliver any damaging code to the Platforms or attempts to gain unauthorised right of entry or use the Platforms, may be prosecuted and civil damages may be claimed in the event that we suffer any damage or loss. You agree not to attempt to gain access to our server by any means whatsoever or to disrupt or interfere with the running of Platform, including its software, or any other party’s use of the Service, in any way whatsoever. 

    20. The Service is made available to you subject to your registration on the Website.

    21. You will be informed in advance of changes in our fee and pricing models, which changes will occur on occasion.

    22. All payments for a Subscription are to be made in South African ZAR.

    23. The Service is for private-use and cannot under any circumstances be used in any manner whatsoever intended to circumvent these terms and conditions, privacy policy or any applicable laws.

    24. The quality of the Content may vary and may be affected by a variety of factors, such as your location, signal strength, etc. We shall not be responsible for the variation in such quality. We make no representations or warranties about the quality of your experience viewing the Content.

    25. You agree not to:

      1. circumvent, remove, alter, deactivate, degrade or thwart any of the protections and methods we use to protect the Content;

      2. attempt to hack the Service or log in or use the Service as a bot, automated machine, or any other such similar entity.

      3. decompile, reverse engineer or disassemble any software of the Service or other products or processes that are accessible through the Service;

      4. use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. 

  5. DISCLAIMERS AND WARRANTIES

    1. We make no representations or warranties as to:

      1. the quality of the Service;

      2. your ability to access the Service or the Content uninterrupted or error free.

    2. The Service, Platform and the Content, or any other features or functionalities associated with the Service, are provided "as is" and "as available" with all faults and without warranty of any kind. We specifically disclaim liability for the use of the Platform.

    3. You warrant that the Personal Information you have provided to us to access the Service is accurate and up to date. Further, you warrant that you will inform us if your Personal Information changes in accordance with our Privacy Policy and you indemnify us against any liability, we may incur by your failure to do so.

    4. You warrant that you shall at all times abide by these terms and conditions and acknowledge that any breach of these warranties contained in this Agreement may cause us to suffer harm and/or damages, for which you may be liable for and for which we may terminate the Service and take legal action against you.

    5. At all times, your personal information will be processed in the most minimalistic fashion possible and with due regard to the intended purpose of the information being shared and the intention of the Protection of Personal Information Act 4 of 2013.

    6. We may transfer your personal information to third parties for the purpose of you using the Service seamlessly; for example, to our third party payment vendors for the purposes of facilitating payment.

    7. Your personal information is stored in accordance with high standards of security that are at least, or higher than the standards of what is accepted within the media industry for storage of data of this nature.

  6. INDEMNITY

    1. We are not responsible for the Service being interrupted and/or failing for any reason. You unconditionally and irrevocably indemnify and hold us harmless against all and any loss, liability, proceedings, costs, and damages, including direct, indirect, special and consequential damages, arising out of or in connection with the use of the Service or the Platform for any reason whatsoever, save where such loss as set out in this clause is caused by our gross negligence or fraudulent conduct.

    2. We reserve the right, in our sole and absolute discretion, to terminate your Service immediately where we suspect abuse, fraud, criminal activity. Termination of the service will remain in our sole and absolute discretion regardless of our reason for doing so. We do not have to provide each customer whom we terminate the Service with an explanation for the reason for termination.

  7. GENERAL

    1. No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.

    2. These Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the parties hereby consent to the jurisdiction of the South African Courts in the event of any dispute or litigation arising out of these Terms.

    3. Should any clause or sub-clause be void for vagueness or for any other reason, then that clause or sub-clause shall be capable of being severed from the remainder of these Terms, which shall remain of full force and effect. 

    4. These Terms constitute the sole record of the agreement between the parties and supersedes all previous agreements.  Neither party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.

    5. There may be instances in which we are unable to provide the Service to you. This may occur due to reasons outside of our control, including but not limited to the following: strikes; fires; floods; looting; electrical faults; signal/broadcasting faults; natural disasters; acts of God. We shall not be responsible for reimbursing you for the down-time period that occurred due to such force majeure.

  8. Contact

    1. Should you have any questions, complaints, suggestions relating to your use of the Service, you may contact us via the following ways:

      1. Email: info@ultraview.tv

      2. Phone: 0861 444 244

      3. Web: www.ultraview.tv

      4. Address: 4 Albury Road, Dunkeld West, Johannesburg, 2196.

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