- 1 “Licensed Application” shall have the meaning given to such term in clause 2 below.
- 2 “Mobile Device”means any type of mobile device (including, by way of example, mobile telephones and tablets), suitable for sending and/or receiving voice, data and/or any other type of communication, and shall exclude, inter alia, desktop computers, laptops and smart televisions and any devices excluded by the Application Provider or its licensors from time to time.
- 3 “APPLICATION PROVIDER” means Discover Digital International Limited, under Company Registration No: 127523 C1/GBL incorporated under the laws of Mauritius in Conjunction with Mascom Wireless Botswana (Pty) LTD, herein referred to as the Application Provider’.
- 5 “Products”means goods (including content) or services provided to you on or through the Licensed Application or Site;
- 6 “Service”means the services performed or provided by or through the Licensed Application or Site, including third party services and websites, in relation to, and for the purposes of, the provision of video-on-demand content to you, including the transmission of the content and related payment and maintenance services; and
- 7“Botswana”means the country in which you have an account and use the Services.
- LICENSED APPLICATION END USER LICENSE AGREEMENT
The Application Provider reserves all rights not expressly granted to you. The Product that is subject to this license is the Application Provider’s-branded video on demand application, as may be changed from time to time in Application Provider’s sole discretion and without notice (“Licensed Application”) BY USING THE LICENSED APPLICATION, YOU AGREE TO THESE TERMS OF LICENSE; IF YOU DO NOT AGREE, CEASE ALL USE OF THE LICENSED APPLICATION, AND DESTROY ALL COPIES, FULL OR PARTIAL, OF THE LICENSED APPLICATION. The terms of this license may be changed from time to time and are effective immediately upon posting such changes. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, CEASE ALL USE OF THE LICENSED APPLICATION, AND DESTROY ALL COPIES, FULL OR PARTIAL, OF THE licenseD APPLICATION. YOUR CONTINUED USE OF THE licenseD APPLICATION NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THE license, AND OF ANY SUCH CHANGES. You acknowledge and agree that you shall install any upgrades to the Licensed Application that are released by the Application Provider from time to time.
- 4 Third Party Materials :TThe Licensed Application may enable access to the Application Provider’s and third party services and web sites.
- 3 Your Use of the Site: You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Assets, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Assets, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Application Provider reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site (including the Service or Products), or any other systems or networks connected to the Site or to any Application Provider or the Application Provider’s licensors’ or service providers’ servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other fraudulent or illegitimate means.
Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
- 4 You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Application Provider, including any Application Provider account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
- TERMS OF SERVICE
- 1 The Application Provider may make changes to any Products or Service (or parts thereof) offered on the Site or the Licensed Application, or to the applicable prices for any such Products or Service (or parts thereof), at any time, without notice. The following terms also govern and apply to your use of the Site, the Licensed Application, Products and Service, and they are incorporated herein by this reference:
- 1.3 Licensed Application End User License Agreement;
Each of these policies or terms, and these Terms of Service, may be changed from time to time and are effective immediately upon posting such changes on the Site. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THESE POLICIES AND TERMS, AND OF ANY SUCH CHANGES.
- 2 Accounts, Passwords and Security: Certain features or services offered on or through the Site or the Licensed Application may require you to open an account (including setting up a subscriber profile and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Application Provider immediately of any unauthorized use of your account or password, or any other breach of security relating to your use of the Site, the Licensed Application, Products and Service. You may not use anyone else’s subscriber profile, password or account at any time without the express permission and consent of the holder of that subscriber profile, password or account. You may not use or subscribe to receive the Service on more than five Mobile Devices that you own or control.
- 4 The Application Provider may change, suspend or discontinue delivery of or access to any of the Service or Products at any time, without notice. The Application Provider may also impose limits on the use of or access to certain features or portions of the Service or Products, in any case without notice.
- 6 The Application Provider grants to you a non-exclusive, non-sub licensable, non-transferable license to use the Products via the Service within the Territory. You acknowledge and agree that you shall install any upgrades to the Services which may be released by the Application Provider from time to time.
- 7 You are at all times prohibited from interrupting, altering, adding to, overlaying, framing, deleting or editing all or any portion of the Products or Service, the Licensed Application and/or the Site.
- 8 You shall not attempt to copy, duplicate, modify, create derivative works from or distribute all or any portion of the Products or the Service, including trademarks, service marks, logos and other distinctive brand features of the Application Provider’s licensors, content or service providers, contained in the Products or Service.
- 9 You acknowledge that: i) all intellectual property rights in the Products and the Service, including trademarks, service marks, logos and other distinctive brand features of the Application Provider’s licensors, content or service providers, contained in the Products or Service are the property of the Application Provider and/or its licensors; ii) nothing in the Terms of Service will confer on you any right of ownership in the Products or Service, including trademarks, service marks, logos and other distinctive brand features of the Application Provider’s licensors, content or service providers, contained in the Products or Service; iii) ownership of the Service and all or any portion of the Products and/or metadata delivered to you by way of the Service shall remain with the Application Provider and/or its licensors or content or service providers at all times notwithstanding that the same may not be in its possession or control.
- 11 You shall not be entitled to edit, add to, delete from, alter, modify or, in any other way, change the Products (or any part thereof) or the Service (or any part thereof) nor shall you overlay or frame any content over the Products (or any part thereof) or the Service (or any part thereof). You shall not alter, remove or obscure any trade mark, copyright or other proprietary rights notice incoorated in the Products (or any part thereof) or the Service (or any part thereof).
- 12 Where the Products are subject to an availability window period, the availability of such Products shall be removed from the Site and the Licensed Application at the end of such period.
- 13 You shall not interfere with the range of security measures applicable to the Products or Service. You shall immediately inform the Application Provider in the event that you become aware of any unauthorised access, copying, modification, storage, forwarding, transmission and/or retransmission of the Products or Service, or any part thereof, and shall take prompt and proper remedial action against such unauthorised acts.
- 1 Information We May Collect From You
- 1.1 i]information that you provide by filling in forms on or through the Licensed Application or the Site. This includes information provided at the time of registering to use the Service, receive maintenance, ordering content, subscribing to the provision of content, making payments, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by the Application Provider, and when you report a problem with the Licensed Application, a Product, the Site or the Service or matters related thereto;
- 1.2 details of your visits to the Licensed Application and the Site and use of the Service and Products including, but not limited to, traffic data, location data, weblogs, service provider page viewing statistics and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
- 1.3 iinformation related to you and your use of the Service, Products, Licensed Application and the Site including but not limited to: your online activity, title selections, transactions, reviews, ratings, payment history, correspondence, internet protocol addresses, device and software data (such as type, configuration and unique identifiers), instant watching of movies, TV shows and related activity;
- 1.4 a record of correspondence if you contact us;
- 1.5 information obtained from surveys that we may ask you to voluntarily complete from time to time, which we use for research purposes;
- 1.6 information posted by you pursuant to reviews of Service, Products, Licensed Application, Site or content; and
- 1.7 any other information which may be necessary: (i) to carry out actions for the conclusion or performance of a contract to which you are a party; (ii) to comply with an obligation imposed on us by law; (iii) to protect your legitimate interest; (iv) to pursue a legitimate interest of ours or of a third party to whom the information is supplied.
- 2 Internet Protocol Addresses
We may collect information about your device, including where available your internet protocol address, operating system and browser type, for system administration and to report aggregate information to our advertisers, customers and/or service providers. This is statistical information about your browsing actions and patterns, and does not identify you.
- 3 Cookies
- 3.2 A cookie is a small data file which is stored on your computer or other device when you browse and use websites and online services. If you return to the website or application, the cookie shows that it is a repeat visit. The cookie contains no personal information. The cookie cannot be used to identify you on the websites of third parties, including the website of the analysis provider. Cookies can additionally be used to store your preferred settings, e.g. language and country settings, so that they will be immediately available on your next visit. We do not use the internet protocol addresses or cookies to identify you personally. We use the web analysis system in order to raise the efficiency of the Licensed Application or Site and services.
- 3.3 Cookies are not the only types of technology that enable this functionality; we also use other, similar types of technologies including but not limited to browser storage and plugins (e.g., HTML5, IndexedDB, WebSQL, Android and iOS App storage and Silverlight storage).
- 4 Where We Store Your Personal Information
- 5 Security
- 5.1 We take information security seriously and use reasonable administrative, technical, physical and managerial measures to protect your personal information from unauthorised access. For example, we utilise Secure Sockets Layering, an industry-standard protocol for certain of your transmissions to us, in order to encrypt certain personal information that you send to us through the registration and sign up process.
- 5.2 Unfortunately, no security system can be guaranteed to be completely secure. Accordingly, although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to or through the Licensed Application or the Site, any transmission is at your own risk. By using the Service, the Site, the Licensed Application, or providing information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, the Site, or the Licensed Application.
- 5.3 In order to provide you with ease of access to your account and to help administer the Service, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service. You can choose not to take advantage of this feature on your computer or other device by unchecking the box “keep me signed in” when you login on or through the Licensed Application or the Site. To remove access to your account from your devices: (a) visit the portal for managing your device (note, deactivation may not occur immediately) or (b) delete your settings from your device (steps vary by device and the option is not available on all devices). You are responsible for maintaining the confidentiality of your account access information and for restricting access to your device through which you access your account. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your personal information.
- 6 Uses Made of the Information
- 6.1 We use information and personal information held about you in the following ways:
- 6.1.1 to ensure that the Products and Service provided on or through the Licensed Application and the Site are presented in the most effective manner for you and for your device;
- 6.1.2 to process your registration on or through the Licensed Application or the Site, your subscription to our Service, your orders, the Products and your payments, and to communicate on these topics;
- 6.1.3 to provide you, or allow our service providers to provide you, with information, products or services that you request from us or which we feel may interest you (such as newsletters, messages about new features, special offers, related services, promotional announcements, consumer surveys and other marketing concerning products, services, the Service, the Products, the Site or the Licensed Application), where you have consented to be contacted for such purposes;
- 6.1.4 to determine your general geographic location, provide localised content, Products, enforce our terms (such as determining your eligibility for a free trial), provide recommendations on movies & TV shows we think will be enjoyable, personalise the Service and Products and our marketing to better reflect particular interests, tracking your instant-watching hours, determining your internet service provider, helping us quickly and efficiently respond to enquiries and requests and otherwise analyse, enhance, administer or promote the Products and Service offering for you and other users;
- 6.1.5 to carry out our obligations arising from any contracts entered into between you and us, if any;
- 6.1.6 to allow you to participate in interactive features of the Licensed Application or the Site, when you choose to do so;
- 6.1.7 to notify you about changes to the Site, the Licensed Application, Products and/or Service;
- 6.2 If you do not want us to use your information in this way, or to pass your details on to our service providers or third parties for marketing purposes, please tick the relevant box during the subscription process.
- 6.3 We do not disclose information about users to our customers, content providers or advertisers (if any) but we may provide them with aggregate information or information in an otherwise anonymous form about our users. We may also use such aggregate information to help customers, content providers or advertisers reach the kind of audience they want to target (for example, individuals in a specific territory).
- 6.4 We may make use of the personal information we have collected from you to enable us to comply with customers’, content providers’ or advertisers’ wishes by displaying their advertisement or Product to that target audience. We may also disclose and otherwise use, on an anonymous basis, movie & TV show ratings, consumption habits, commentary, reviews and other information. For example, we use movie & TV show ratings and consumption behaviour to improve our recommendations to you as well as other users.
- 7 Disclosure of Your Information
- 8 Your Rights
You have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes during the subscription process. You can also exercise this right later by contacting us at firstname.lastname@example.org
- 9 Other Websites, Platforms and Applications
- 10 Children
You must be 18 years of age or older to subscribe to the Service.
- 11 Access to Information
- 11.1 As a User, you may request access to personal information held about you. Any access request may be subject to a fee for meeting our costs in providing you with details of the personal information we hold about you. If you have a question regarding our privacy practices, or want to exercise your rights regarding your personal information, please contact us at email@example.com .
- 11.2 We also give you access and the ability to update a broad range of information about your account, including your contact information and your communication preferences in the "your account" portion of the Licensed Application and the Site. You must be signed in to access "your account."
- 13 Contact
- 13.1 Your personal information is controlled by the Service Provider (address below), who is providing the Service to you and who is the responsible party (where applicable).
- 13.2 If you have questions concerning your account, please contact customer service firstname.lastname@example.org