Terms & Conditions

MYPLAY DIGITAL ENTERTAINMENT ON DEMAND (DEOD) SERVICE TERMS AND CONDITIONS


These terms and Conditions govern your use of MyPlay DEOD service brought to you by Mascom Wireless in partnership with Discover Digital (“The Service Providers or Service Provider in reference to one”)


1. Introduction

The Service Providers introduces the MyPlay Digital Entertainment on Demand (“MyPlay DEOD”) Subscription Service which is a streaming video on demand offering, including MyPlay DEOD Subscription Video on Demand (“MyPlay”) and MyPlay DEOD Transaction Video on Demand (“MyPlay Rental”) and Linear (Live TV) OTT Service for computer, mobile smartphone, tablet and other similar devices including Smart-TV Application users as detailed in these Terms and Conditions (the “Offering”).

These Terms and Conditions govern your use of the Service. As used in these Terms and Conditions, "MyPlay DEOD Service," "our Service" or "the Service" means the MyPlay DEOD Service provided by Discover Digital for discovering and watching movies & TV shows, including all features and functionalities, website, and user interfaces, as well as all content and software associated with the Service.


2. Acceptance of these Terms and Conditions:

The following Terms and Conditions contain assumptions of risk and/or liability by you, the user, and limit and exclude liabilities, obligations and legal responsibilities (subject to any consumer rights and all other applicable law the parties cannot contract out of in terms of Botswana law.

Please read these terms and conditions carefully. Your use of these Services will constitute your agreement to comply with these terms and conditions. If you do not agree with these terms and conditions, please do not use these Services. It is your obligation to review these Terms and Conditions regularly.


3. Offer Period

The Offering is available from November 2018 until such date as advised by the Service Providers (the “Offer Period”).
Notwithstanding the Offer Period, the Service Providers may, in their absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Offering in its entirety, with notice to you. Visit www.myplay.tv  regularly for notices, updates and/or changes to Services.


4. Who is Eligible

The Offering is available to all users who wish to sign up for the MyPlay DEOD Service.
You must be at least 18 (eighteen) years old or older to subscribe to the Service


5.Terms and Conditions applicable to this Service

5.1.  On viewing the MyPlay portal (website), visitors to the site are able to discover the MyPlay DEOD Service before having to register or subscribe for the MyPlay DEOD Service.

5.2.   To access the MyPlay DEOD Offering, users will be required to register or subscribe to the Service via the MyPlay DEOD web portal www.myplay.tv/ or by downloading and launching the MyPlay DEOD App on a supported device.

5.3.  Start the Apple App Store application on your device. Locate or find the DEOD application in the store and download it.

5.4.  All iOS App transactions – including subscribing and renting movies must be done through the website first at www.myplay.tv/ before launching the iOS App.

5.5 Once the transaction has been successfully concluded, you will be able to login 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 MyPlay DEOD application immediately.

5.6.  Visit www.myplay.tv/ regularly for notices and updates.


5.7 Users can purchase a Subscription Video on Demand and Linear Service offering and/or have the choice of renting a movie (MyPlay Rental) without having to subscribe to a subscription Service as follows:
5.7.1 MyPlay Subscription and MyPlay Rental MyPlay DEOD users can change their package from their Service; 5.7.1.1  Available Packages are displayed in Portal and App (Android).
5.7.1.2  Subscriber can choose to select a different package to which they are currently on.
5.7.1.3  Subscriber is prompted to confirm their change
5.7.1.4  Subscription package change from a Subscription package will take effect from current subscription renewal date. This allows a customer to continue their subscription package they have paid for until the renewal date when the package changes to the new package selected.
5.7.1.5   An SMS will be received by the user confirming the successful Package Change.


6. Access Devices and Internet Connection

You at your own cost are responsible for obtaining and maintaining the Access Devices, adequate internet access from your internet service provider and all telecommunication facilities and other equipment necessary for access to the Service..


The quality of your internet connection may affect the quality of your Service and that shall not be any liability of the service providers.


7. Rules

7.1  MyPlay DEOD Subscription and MyPlay Rental Service:
7.1.1   Will be effective immediately upon purchasing the Service
7.1.2   All information you give must be truthful, accurate and complete.
7.1.3   The Service is available for private, non-commercial use in Botswana only. You may only access and use the Service via your Device(s) in Your Country. You may not sell or levy any charge for watching the Content or using any part of the Service or show any part of the Content in public to an audience, even if no charge is levied.

7.2.  Should there be no usage on the User account during the subscription period the subscription fee will not be refundable subject to Clause 9.


8 Disclaimer

8.1. Whilst every effort has been made by DEOD and its suppliers of information to ensure the proper performance of every Service option, DEOD, its affiliated companies, suppliers, or any of their employees do not guarantee the availability of Services, content and information offered.


8.2. Subject to any applicable law, in particular we make no warranty that the Service Options will meet your requirements, be uninterrupted, complete, timely and secure or error free. We will only entertain requests for exchanges, returns and/or refunds at our discretion.


8.3. In order to use the video Service, the user is required to fulfil the necessary technical requirements on his or her own account. The user shall bear the costs of access to the internet as well as any possible connection costs incurred once the preloaded bundle data is depleted. These costs are not included in the Services provided by the video Service. Should the technical standards in the internet or video Service change, the user shall adapt to these changes on his or her own account. We strongly advise all users to contact their Service provider and ensure that they are on the best possible data package to minimise these costs.


9. Cancellation of the Service by You
You can cancel the Service at any time, and you will continue to have access to the Service through to the end of your subscription period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or unwatched content.


9.1. For Cancellation, Users need to access the Web portal via https://myplay.deod.tv and log-in and navigate to MyAccount.

9.2. The user will be unsubscribed (Cancelled) from the Service on the anniversary of the day of the subscription. (30 days)

9.3. The user will receive an e-mail providing the official cancellation date of their Service.


10 MyPlay Subscription Refund

Refunds will not be available for MyPlay Subscription based on the terms and conditions. Users will have to cancel the Service in accordance with these Terms and Conditions


11 MyPlay Rental Non-Delivery of Content

11.1. The user requests a refund via the DEOD contact points. If the content is paid for and was not delivered, then the user will be refunded in full.

11.2. If the MyPlay Rental shows that it was delivered, but was not watched within the specified 48-hour time frame then the user will not be refunded.


12 Privacy and Consent

12.1. 12.1. Privacy and Consent to Determine Your Location, Monitor Your Content Preferences and Communicate with you:
12.1.1  You hereby grant us consent to receive and store any information you enter on the Website or information we gather when you interact with us or give us in any other way, including information about your location and your Device(s), for purposes of responding to your requests, customizing the Content to be made available to you, improving the Service, and communicating with you. Any such information that you submit or we collect when you are using the Service is subject to our Privacy Policy, the terms of which is available here. The Privacy Policy can be found on https://myplay.deod.tv
12.1.2  You hereby grant your consent for us to send communications to you (electronic or otherwise) for purposes of marketing and promoting the Service and related products and Services to you. Entrants will be provided with an opportunity to “Opt Out” of receiving such communications, which may be via the relevant medium that such marketing communication was received..

12.2. This is a Video on Demand Service (VOD) and is a term used for a wide set of technologies and systems which allow individuals to select and watch videos from a central server for viewing on a television / computer screen, mobile device or similar devices at any time they please..

12.3. From pushing play, selected content, promotions, competitions, rewards and special events, all in video format. It is an area where subscribers can experience the product and Services and view promotional material of upcoming content. The content in this section is not charged for, but data costs apply.

12.4. Live TV offer the Live Streaming of selected linear channels as part of the subscription Service.


13 Modification of Terms and Conditions

13.1. Participation in this Offering and any benefit awarded in terms of the Offering are subject to these terms and conditions..

13.2. The Service Providers reserve the right at any time to modify, suspend or discontinue the Offering with notice, without liability to you or any third party. The Service Providers will under no circumstance be liable to you for any error, delay, failure or non-availability of the Service, and you indemnify them against any damage or loss you may sustain as a result of possession and/or use of network Services, or any error, delay, failure or non-availability of the MyPlay DEOD Service.

13.3. The Service Providers reserve the right from time to time to vary the charges of the Offering as may be deemed necessary in its discretion, without liability to you or any third party and on notice to you.

13.4. see https://myplay.deod.tvfor product and Services updated FAQ’s and Terms and Conditions from time to time. Any changes to FAQ’s and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

13.5. The user indemnifies the Service Providers and their directors, officers, employees and agents, against all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any act or omission of the user arising out of this Offering.


14 Limitation of Liability
The Service is provided “as is” and without any warranty or condition. In particular, the Service may not be error-free. Therefore, the Service Providers shall not be liable for any loss or damage suffered whether direct or indirect to the extent allowed by the laws of Botswana:

14.1. If your network Services are interrupted, suspended, or cancelled, for whatever reason; or

14.2. if the loss or damage was caused by any negligent act or failure to act by any or both of the Service Providers, its employees or agents; or

14.3. because of the use of any device supplied to you by Discover Digital in conjunction with Mascom relating to this Service. Clause 1 does not limit or exempt the Service Providers from liability for any loss attributable to the gross negligence or wilful default of either of the Service Providers or any person acting for or controlled by them to the extent that the law does not allow this.


15 General

15.1. Discover Digital in conjunction with Mascom is not responsible for the MyPlay DEOD Service being interrupted and/or failing for any reason or for any interruption in the network Services.

15.2. You will be able to access Services only when you are in Your Country in an area covered by internet networks in Your Country.

15.3. You will be solely responsible for all Products and Services accessed through the Offering. Accordingly, Discover Digital in conjunction with Mascom takes no responsibility for any loss or damage caused by your access through the Offering. In the event of theft or loss of your device and/or accessories, such items must be replaced at your own cost, you are obliged to report such loss or theft to the relevant authorities immediately, and to request your internet Service provider to suspend your connection.

15.4. The Service Providers shall be entitled to prohibit or terminate any user’s participation in the MyPlay DEOD offering if such a user does not meet the criteria detailed herein and/or if the user is involved in any fraudulent activity or suspected fraudulent activity.

15.5. You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes our rights.

15.6. The number of Mobile Devices on which you may access and use the Service and view the Content per account is limited to 5 (five) Mobile Devices.

15.7. You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the Content in any form or in any way.

15.8. You are responsible for keeping your username and password confidential and you must take the necessary precautions to prevent them from being disclosed to anyone else.

15.9. If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service until you have changed the username or password.

15.10. If you select the Subscription option, then you authorise us to charge you such Subscription for each Subscription Period.

15.11. You must view the Content prior to the end of the relevant Access Period. The Access Period will not be extended if you stop or pause the Content.

15.12. Once the Access Period has expired, the Content will be automatically deleted from your Device(s)/Account.

15.13. For avoidance of doubt, OTT refers to the delivery of audio, video and other media over the internet without a multiple system operator being involved in the control or distribution of the content in Your Country.

15.14. Notwithstanding anything contained in these terms and conditions, all prices in the catalogue/Service is the price per movie title inclusive of any applicable VAT or TAX in applicable in Your Country.

15.15. In the event of a query or to lodge a complaint, you must contact customerService@mascom.bw


16 Governing Law
The terms and conditions of the Service shall be governed by and construed in accordance with the laws of Botswana