KAYA FM (Pty) Ltd Terms and Conditions
KAYA FM (Pty) Ltd Service Terms and Conditions (“Terms and Conditions”)
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
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) 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.
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.
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
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:
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
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:
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.
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 email@example.com.