Terms & Conditions

KAYA FM (Pty) Ltd Terms and Conditions
KAYA FM (Pty) Ltd Service Terms and Conditions (“Terms and Conditions”)


1 Introduction

1.1 This Website and or app is owned by Kaya FM (Pty) Ltd and hosted by Discover Digital (Pty) Ltd (Discover Digital).

1.2 "KAYA" and "Kaya" refers to both Kaya FM, Kaya TV and all Kaya assets.

1.3 Discover Digital introduces its Digital Entertainment on Demand (DEOD) subscription service which is a streaming video on demand offering, including DEOD subscription video on demand (SVOD), DEOD transaction video on demand (TVOD) and over the top live television channels (Live TV). These are over the top services for computer, mobile smartphone, tablet and other similar devices (Devices) including smart-TV application users as detailed in these Terms and Conditions. 

(together the DEOD Services) 

1.3 The KAYA Services are provided by Discover Digital on the Website for discovering and watching movies & TV shows and includes all features and functionalities , the Website, user interfaces, and all associated content and software.
1.4 These Terms and Conditions govern the sale of DEOD Services on, and use of, the DEOD Website. 
1.5 Please read these Terms and Conditions carefully. Your use of the DEOD Services and/or the Website will constitute your acceptance, as the user, to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use the DEOD services. It is your obligation to review these Terms and Conditions regularly.


2 About Discover Digital

2.1 Full name and legal status: Discover Digital (Pty) Ltd
2.2 Registration number:2013/158773/07
2.3 Physical address: Kyalami Park, Stand 19 Unit 2 
15 Indianapolis Street
Midrand
Gauteng 
1684
South Africa
2.4 Telephone numbers : 010 045 0000
2.5 Website : https://za.deod.tv
2.6 Email: Info@DiscoverDigital.co.za
2.7 Notices must be served on the physical address and email addresses set out in this clause 2.


3 Acceptance of these Terms and Conditions:

These Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act, 2008 (“CPA”) are complied with to the extent that they may be applicable to these Terms and Conditions. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA or any other applicable law. The provisions which appear in bold text are drawn to your attention because they are important and should be carefully noted. These are terms which limit your rights, make you liable, or require you to confirm facts. You should ensure that you fully understand what they mean. 

4 Changes to the DEOD Services

4.1 The DEOD Services are available from February 2017, until such date as advised by DEOD (the “Offer Period”).
4.2 Notwithstanding the Offer Period, DEOD may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the DEOD Services or any content in its entirety, with notice to you on the Website. Discover Digital also reserves the right from time to time to vary the charges of the Offering as may be deemed necessary in its discretion.
4.3 t is your responsibility to visit the Website regularly for notices, updates and/or changes to DEOD Services.
4.4 Changes will only apply to your use of this Website after the change is displayed on the Website. . If you use the Website after the updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted the updates or amendments.


5 Who is Eligible

  1. 1 The DEOD Services are available to all customers who wish to sign up.
  2. 2 By using the Website and DEOD Services you confirm that:

(1) you are 18 years of age or older and can conclude contracts;
(2) if you are under the age of 18, or if not legally permitted to enter into a binding agreement, then use of the Website or DEOD Services is with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her permission, she or he agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.


6 Registration

  1. 1 On viewing the Website, you are able to DISCOVER the DEOD Service before having to register or subscribe for the DEOD Service. You may also browse the “TryUs!” section on the Website, which is a free section that does not require you to register.
  2. 2 To access all of the content available in the DEOD Services, you will be required to register or subscribe to the DEOD Service via the Website or by downloading and launching the DEOD app on a supported Device.
  3. 3 Start the Apple AppStore application on your Device. Locate or find the DEOD application in the store and download it.
  4. 4 To register and create an account, you must provide your email address and a unique password to Discover Digital. This information will be used to purchase DEOD Services. If you do not register you will not be permitted to use the DEOD Services.
  5. 5 You undertake that the username and password will be used only for your personal use and will not be disclosed to any third party. The effect of this clause is that you confirm that only you will use your username and password and you will not allow any other person to use them. You must keep your username and password safe and it is your responsibility to maintain its confidentiality. If you allow another person to use your username and password, Discover Digital may not be liable for any harm or loss you suffer and will have a claim against you for breach of contract.
  6. 6 You may not use the username and password of another user.
  7. 7 You acknowledge that Discover Digital will accept and process any subscription or rental transaction for DEOD Services once the correct username and password has been entered and that the order will be processed irrespective of whether the use of the username and password is unauthorised or fraudulent, unless a subscription transaction is cancelled in terms of the provisions of clause 11. The effect of this clause is that you confirm that once a transaction is concluded using your username and password you will be responsible for payment even in circumstances where someone fraudulently accessed or your account or accessed your account without your permission. If however you cancel a subscription transaction (and not a rental transaction) within 3days you will not have to pay.Cancellation requests must be escalated in writing to Hello@DEOD.tv and should we be able to verify your claim, we will cancel the subscription and refund the subscriber.

value="6">8 You must notify Discover Digital immediately when you become aware, or reasonably suspect, that someone has access to or used your username and password without your permission. You must also take reasonable steps to decrease the chances and severity of any loss or harm being suffered by you as a result.

  1. 9 If Discover Digital has any reason to believe that the confidentiality of your username or password has been compromised, it may restrict your access to the DEOD Service until you have changed the username or password.


7 Transactions

  1. 1 All iOS app transactions, including subscribing and renting movies, must be done through the Website first, before launching the iOS app.
  2. 2 Once the transaction has been successfully concluded, you will be able to log in to start streaming and watching what you love. Rented movies will be available under RENTED under the main menu under the MY ACCOUNT tab to watch via the iOS app. You can then start using the DEOD application immediately.
  3. 3 You can purchase a SVOD and Live TV service offering and/or have the choice of renting a movie (TVOD) without having to subscribe to a subscription service. The process is as follows:
    1. 1.1 SVOD and TVOD DEOD users can change their package from their account.
    2. 1.2 Available packages are displayed on the Website and app (Android).
    3. 1.3 Users can select a different package to the ones that they are currently on.
    4. 1.4 Users are then prompted to confirm their change.
    5. 1.5 The subscription package change takes effect immediately. An unsubscribe request takes effect on the anniversary of the current subscription date. This allows users to continue with the previous subscription package that they have paid for, until the renewal date upon which the package will not be renewed. Users would also immediately gain access to the new subscription package
    6. 1.6 An email will be sent to the user confirming the successful package change.
  4. 4 If you select the SVOD option, then you authorise Discover Digital to charge you such subscription for each subscription period.
  5. 5 An agreement between you and Discover Digital will come into effect once:
    1. 1.1 your transaction on the Website has been confirmed; and
    2. 1.2 payment or payment authorisation has been received by Discover Digital to the satisfaction of Discover Digital.


8 Payment

  1. 1 Discover Digital is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology
  2. 2 All transactions will be processed in South African Rands inclusive of VAT.
  3. 3 You may pay for the DEOD Services in one of the following ways:
    1. 1 credit card payment;
    2. 2 debit order (for subscription services only);
    3. 3 instant electronic funds transfer;
    4. 4 electronic funds transfer;
    5. 5 Masterpass;
    6. 6 cash; or
    7. 7 entering a valid voucher code on the payment page.
  4. 4 You warrant that you are fully authorised to use the chosen payment method and that you have sufficient available funds to cover all costs incurred as a result of purchasing the DEOD Services. The effect of this clause is that you confirm that you are permitted to pay in the way you have chosen and that you are able to pay for the DEOD Services.
  5. 5Once you have selected the DEOD Services that you want to purchase, you will be directed to a link to a secure site for payment for the purchase price for the DEOD Services plus any additional costs. The payment process may vary depending on the payment method which you have chosen

9 Terms of use

  1. 1 The SVOD and TVOD DEOD Services:
    1. 1 Will be effective immediately upon purchasing the service; and
    2. 2 are available for private, non-commercial use in South Africa only. You may only access and use the DEOD Services via your Device(s) in South Africa. You may not sell or levy any charge for watching the content or using any part of the DEOD Service or show any part of the content in public to an audience, even if no charge is levied.

  1. 2 Should there be no usage on your account during the subscription period the subscription fee will not be refundable subject to clause 11.
  2. 3 Please confirm your internet data service rules with your service provider and note that data charges are strictly for your own account.
  3. 4 You will be able to access the DEOD Services only when you are in South Africa in an area covered by internet in South Africa.
  4. 5 Discover Digital shall be entitled to prohibit or terminate your participation in the DEOD Services if you do not meet the criteria detailed herein and/or if you are involved in any fraudulent activity or suspected fraudulent activity.
  5. 6 You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes Discover Digital’s rights.
  6. 7 The number of Devices on which you may access and use the DEOD Service and view the content per account is limited to five Devices.
  7. 8 You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the content in any form or in any way.
  8. 9 You must view the content prior to the end of the relevant period of access to the content. The period of access will not be extended if you stop or pause the content.
  9. 10 Once the period of access to the content has expired, the content will be automatically deleted from your Device(s)/account.
  10. 11 All over-the-top and internet protocol television users must make use of their own data, at their own cost. For avoidance of doubt, over-the-top and internet protocol television refers to the delivery of audio, video and other media over the internet without a multiple system operator or broadcaster being involved in the control or distribution of the content in South Africa.


10 Disclaimer

10.  1 Discover Digital makes no warranties or representations as to the accuracy or completeness of the Website.

10.  2 Discover Digital regularly checks the Website for viruses but does not warrant that the Website is free from all errors and viruses or any other harmful software or devices that have the ability to corrupt a user’s computer.

10.  3 Discover Digital does not warrant that the Website is compatible with your computer equipment or software.

10.  4 Discover Digital will try to ensure the accuracy of all information displayed on this Website but does not guarantee or give any warranty as to the accuracy or completeness of any information or material on this website. The effect of this clause is that Discover Digital does not confirm that: the Website is complete and accurate; your computer or electronic device will not get any viruses or harmful software from the Website; the Website is accessible from your computer or electronic device; or that the information and content provided on the Website is accurate.

10.  5 Whilst every effort has been made by Discover Digital and its suppliers of information to ensure the proper performance of every DEOD Service, Discover Digital, its affiliated companies, suppliers, and any of their employees do not guarantee, and makes no warranties or representations as to the availability and functionality of the DEOD Services, content and information offered, beyond that described on the Website.

10.  6 Subject to any applicable law, in particular Discover Digital makes no warranty that the DEOD Services will meet your requirements, be uninterrupted, timely or error free. Discover Digital will only entertain requests for refunds at its discretion or in terms of clause 11.

10.  7 In order to use the DEOD Services, the user is required to fulfil the necessary technical requirements. The user shall bear the costs of access to the internet as well as any possible connection costs incurred. These costs are not included in the DEOD Services. Should the technical standards in the internet or video service change, the user shall adapt to these changes on his or her own account. Discover Digital strongly advises all users to contact their service provider and ensure that they are on the best possible data package to minimise these costs.
The effect of this clause is that you may only rely on what Discover Digital states on its Website in relation to the DEOD Services. If you rely on anything else stated about the DEOD Services you will not be entitled to claim from Discover Digital for any losses or harm suffered. Discover Digital also does not confirm that: the DEOD Services will be uninterrupted and timely, that all content will be available at all times or that the DEOD Services will not contain any errors.


11 Cooling-off period and cancellation of the DEOD Service by you

11.  1 In terms of section 44 of the Electronic Communications and Transactions Act, 2002 (ECTA) you are entitled to cancel, without any reason and without any penalty, your transaction for the DEOD Services within 7 after conclusion of the agreement. This right to cancel does not, however, apply to any DEOD Services which began with your consent before the end of the 7 day period. If this right to cancel applies to you and you decide to cancel

  1. you will receive a full refund of the purchase price within 30 days of the date of cancellation of the transaction;
  2. you agree not to use the DEOD Services; and
  3. Discover Digital will consider your agreement of purchase cancelled.

11.  2 The DEOD Services purchased by you will immediately become available to you once payment has been received. If the DEOD Services are not made available to you within 30 days from the date of receipt of payment

11.  1 Discover Digital will notify you and you may, within 7 days of receiving the notification, chooser to either:

  1. proceed with the purchase of the DEOD Services; or
  2. cancel the transaction.

11.  2 If you chooses to cancel the transaction, you will be reimbursed with the full purchase price paid.

11.  3 If you choose to unsubscribe from, and cancel, a subscription service, you may do so by clicking on “Unsubscribe” in your account. You will be unsubscribed with effect from the date on which your current subscription expires.

11.  4 If your account confirms that an SVOD subscription or TVOD asset entitlement from the DEOD Service was delivered to you, but was not watched within the specified 30 days (for SVOD) OR 48-hour time-frame (for TVOD) then you will not be refunded.

11.  5 Discover Digital may, in any event, in its sole discretion and depending on the circumstances, accept the cancellation of a transaction by you, but you must have a valid reason. If your cancellation is accepted clause 11 in respect of refunds will apply.

11.  6 You will automatically be unsubscribed from the service (and your DEOD Services cancelled) on the anniversary of the day of the subscription (this is 30 days after you subscribed for the DEOD Services).

11.  7 You will receive an email providing the official cancellation date of your DEOD Service.


12 Protection of your personal information

Discover Digital collects and processes personal information (as defined in the Protection of Personal Information Act, 2013) through and in connection with the Website. For more information about how Discover Digital handles personal information, see the Privacy Policy.. You consent to the processing of your personal information by Discover Digital in terms of the Privacy Policy.


13 Intellectual property

13.  1 The Discover Digital name and logo is the intellectual property of Discover Digital and may not be used in any way without obtaining Discover Digital’s prior written permission.

13.  2 All other content on the Website is either owned by Discover Digital or licenced to it and you may not use, distribute, reproduce and/or adapt in any way the content without first obtaining Discover Digital’s prior written permission.

14 Security of Website

14.  1 Discover Digital will take all reasonable technical and organisational measures to protect any user data transmitted over the Website.

14.  2 Discover Digital cannot guarantee the security of any data transmitted online and the user accepts the risk of providing information on the Website.

15 Limitation of Liability

15.  1 Subject to the provisions of the CPA, to the extent allowed by any other applicable law and subject to clauses 15.2 and 15.3 below, Discover Digital will not be liable to you for, and you indemnify and hold Discover Digital harmless against, any loss or damage suffered (whether it is direct or indirect) arising from, or connected to:

  1. your network services being interrupted, suspended, or cancelled, for whatever reason; or
  2. Discover Digital not suspending the provision of the SVOD DEOD Services to you after you have specifically requested Discover Digital to do so; or
  3. any negligent act or failure to act by Discover Digital, its employees or agents;
  4. the use of any device supplied to you by Discover Digital relating to the DEOD Service;
  5. your use of the Website;
  6. your inability to use the Website;
  7. any operational failure of the Website;
  8. unlawful activity on the Website and/or any linked third party websites;
  9. your reliance on any information or content provided on the Website, as Discover Digital makes all reasonable efforts to ensure that the information and content on the Website is complete and accurate;

10.  your improper use of the DEOD Services;

11.  any virus downloaded from the Website by you;

12.  you uploading or transmitting a virus, computer program or code onto the Website; and/or

13.  breach of security over the Website unless it is due to the gross negligence of Discover Digital.

The effect of this clause is that you will not be entitled to make any claims against Discover Digital where you have suffered any loss or harm as a result of anything related to the list provided in this clause 15.1. 

15.  2 Clause 15.1 does not limit or exclude any warranties or obligations which are implied into the DEOD Service by the CPA (to the extent applicable) or which Discover Digital gives under the CPA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

15.  3 Clause 15.1 does not limit or exempt Discover Digital from liability for any loss directly or indirectly attributable to the gross negligence of Discover Digital or any person acting for or controlled by Discover Digital to the extent that the law does not allow this..

15.  4 Clause 15.1 also does not limit or exclude the liability of Discover Digital for death or personal injury caused to you through an act or omission of Discover Digital subject to the CPA, to the extent that the law does not allow this. 
The effect of these clauses is that you are not required to assume risk or liability for the kinds of losses provided in clauses 15.2, 15.3 and 15.4 to the extent that the law does not allow this.


16 Severance

Any illegal or unenforceable provision of these Terms and Conditions may be severed and the remaining provisions of these Terms and Conditions continue in force.


17 Applicable law and jurisdiction

17.  1 These Terms and Conditions are governed by the law of South Africa.

17.  2 Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these Terms and Conditions.


18 Contact Discover Digital

In the event of a query or to lodge a complaint, you must contact Discover Digital at hello@deod.tv.