The MultiChoice Subscription Terms and Conditions governing subscription by individuals for their private use (South Africa and Lesotho) (“Terms and Conditions”)
Restrictions on access to and use of the Service
21. You may access and use the Service only –
21.1 in a single residential unit;
21.2 for private domestic use; and
21.3 at your Physical Address.
22 You may not use the Service in any manner or for any purpose other than as set out in the Agreement. Nor may you negligently or intentionally permit any other person to do so. Without limiting the restrictions in clause 21, you may not attempt to or –
22.1 access any component of the Service other than those components to which you are authorised to have access;
22.2 use the Service, or any component thereof, for any commercial purpose;
22.3 exhibit or provide the Service to the public, whether or not admission fees are charged;
22.4 charge any person a fee to access the Service;
22.5 copy any of the audiovisual, audio and/or data material in the Service, except by using the PVR Functionality for time shifting or later private use during the period of the Agreement;
22.6 hire-out, sell, redistribute, relay, retransmit or rebroadcast any of the audiovisual, audio and/or data material in the Service, including any copy thereof that you may have made, whether using the Advanced Decoder Functionality or otherwise;
22.7 hack, reverse engineer or otherwise compromise the security of the conditional access system, operating software or encryption software used in the Smartcard and any decoder used to receive the Service, or in the HDD; or
22.8 permit, facilitate or condone any other person conducting any of the prohibited activities in this clause, whether using your Equipment or otherwise.
23 If you wish to receive and/or use the Service at an address other than the address referred to in clause 21.3, you must notify us of such address.
24 If you sell or otherwise transfer the Equipment, then you must advise us in writing, within seven business days thereafter, of the identity and contact details of the transferee.
DSTV Commercial Premium Packages
9. RESTRICTIONS ON ACCESS TO AND USE OF SELECTED SERVICE(S)
9.1 The subscriber may only receive and/or use the selected service(s) and the equipment required for the receipt of the selected service(s), including the approved decoder(s), the smartcard(s), the cabling distribution system and the satellite reception equipment related thereto at the commercial establishment in the RSA. Without limiting the foregoing, the subscriber may not use the smartcard(s) outside the RSA or Lesotho.
9.2 Without limiting the restriction in 9.1, the subscriber may not –
9.2.1 have access, or attempt to have access, to any of the DStv services other than the selected service(s);
9.2.2 without the prior written consent of MultiChoice, permit, facilitate or condone the reception or viewing of the selected service(s) in any public place in the commercial establishment other than as provided for in the schedule. The subscriber agrees that any reception of the selected service(s) in any such public place shall constitute a breach of the agreement entitling MultiChoice to exercise those rights conferred upon it in 20.
Notwithstanding the foregoing, the subscriber may –
9.2.2.1 if it is a club, permit the selected service(s) to be received and viewed in that part of its premises to which access is restricted to club members and authorised guests of club members and which is not open to the general public;
9.2.2.2 subject to 9.2.2.3, in a public place, permit the reception and viewing of the selected service(s) in respect of public access channels only;
9.2.2.3 not permit the reception or viewing of the selected service(s) in any cinema or theatre complex;
9.2.3 charge, and shall not permit, facilitate or condone any other person to charge, any person any fee or other consideration to view or use any content of the selected service(s);
9.2.4 copy any of the content of the selected service(s);
9.2.5 redistribute, relay, retransmit or rebroadcast any of the content of the selected service(s);
9.2.6 hack, reverse engineer or otherwise compromise or interfere with the security of the conditional access system, operating software or encryption software used in the smartcard(s) and the decoder(s) used to receive the DStv services, or attempt to do so, or permit, facilitate or condone any other person doing so using the smartcard(s) and/or the decoder(s).
9.2.7 use the selected service(s) in conjunction with third party’s service(s) or product(s);
9.2.8 use the selected service(s) to promote and/or market any other service and/or product;
9.3 The subscriber acknowledges that it is aware that a breach by it of the provisions of 9.2 may constitute criminal activity and will result in considerable
prejudice and damage to MultiChoice and/or its channel suppliers and content providers which may be difficult or impossible to quantify. If the subscriber is proven to be in breach of any of the provisions of 9.2, the subscriber agrees to pay to MultiChoice an agreed pre-estimate of liquidated damages of R100 000.00 per incident of breach and, if the breach is or was ongoing, a further R20 000.00 per day for so long as such breach continues or continued, without prejudice to MultiChoice’s rights arising pursuant to the subscriber’s breach of the agreement, including the right to prove and recover its actual damages.
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