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SUPERSPORT BETA SERVICE TERMS AND CONDITIONS - SOUTH AFRICA
DISCLAIMER
PLEASE NOTE THAT THIS IS A BETA VERSION OF THE SUPERSPORT APP / SUPERSPORT SERVICE WHICH IS STILL UNDERGOING FINAL TESTING AND DEVELOPMENT AND WHICH MAY CONTAIN BUGS AND / OR STABILITY ISSUES BEFORE OFFICIAL COMMERCIAL RELEASE. THE SUPERSPORT BETA APP, THE PLATFORM, ITS SOFTWARE AND ALL CONTENT FOUND ON IT ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE” BASIS.
SUPERSPORT DOES NOT GIVE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITY OR USABILITY OF THE APP, ITS SOFTWARE OR ANY OF ITS CONTENT.
Feedback
SHOULD YOU ENCOUNTER ANY BUGS, GLITCHES, LACK OF FUNCTIONALITY OR OTHER PROBLEMS ON THE SUPERSPORT BETA APP or SERVICE, PLEASE LET US KNOW IMMEDIATELY SO WE CAN RECTIFY THESE ACCORDINGLY. YOUR HELP IN THIS REGARD IS GREATLY APPRECIATED! YOU CAN WRITE TO US AT THIS ADDRESS
beta@supersport.com
SUBSCRIBER/ AUTHORISED USER MAY REPORT ANY FLAWS, ERRORS OR IMPERFECTIONS DISCOVERED IN THE SUPERSPORT BETA APP OR ANY SOFTWARE OR OTHER MATERIALS WHERE SUBSCRIBER/ AUTHORISED USER HAS BEEN GRANTED ACCESS TO THE SUPERSPORT BETA APP AND TEST. SUBSCRIBER/ AUTHORISED USER UNDERSTANDS THAT PROMPT AND ACCURATE REPORTING IS THE PURPOSE OF THE BETA TESTS AND MAY PROVIDE REPORTS ON ALL ASPECTS OF THE PRODUCT BOTH POSITIVE AND NEGATIVE AND ACKNOWLEDGES THAT ANY IMPROVEMENTS, MODIFICATIONS AND CHANGES ARISING FROM OR IN CONNECTION WITH THEIR CONTRIBUTION, REMAIN OR BECOME THE EXCLUSIVE PROPERTY OF SUPERSPORT.
DURING YOUR PARTICIPATION IN THE SUPERSPORT BETA APP TESTING SUPERSPORT IS NOT OBLIGATED TO PROVIDE YOU WITH ANY MAINTENANCE, TECHNICAL OR OTHER SUPPORT FOR THE PRE-RELEASE SOFTWARE. IF. AT SUPERSPORT’S OPTION, SUCH SUPPORT IS PROVIDED. YOU AGREE TO ABIDE BY ANY SUPPORT RULES AND POLICIES THAT SUPERSPORT PROVIDES TO YOU IN ORDER TO RECEIVE SUCH SUPPORT. YOU ACKNOWLEDGE THAT SUPERSPORT HAS NO EXPRESS OR IMPLIED OBLIGATION TO ANNOUNCE OR MAKE AVAILABLE A COMMERCIAL VERSION OF THE PRE-RELEASE SUPERSPORT BETA APP OR SOFTWARE TO ANYONE IN THE FUTURE. SHOULD A COMMERCIAL VERSION BE MADE AVAILABLE, IT MAY HAVE FEATURES OR FUNCTIONALITY THAT ARE DIFFERENT FROM THOSE FOUND IN THE PRE-RELEASE SOFTWARE LICENSED IN TERMS OF THESE TEMS AND CONDTIONS
These SuperSport Service Terms and Conditions apply to the use of the SuperSport Service. Please read these terms and conditions carefully.
1. The SuperSport Service and your agreement to these SuperSport Terms
1.1 SuperSport ("SuperSport" or "we" or "us" or "our") provides an on demand sports data and streaming service (the "SuperSport Service ") through which users can stream or temporarily access sport data, content features, television shows, video, news updates or audio clips and other audio-visual materials ("Content") by using an electronic device which is capable of connecting to the internet, including personal computers, mobile phones, tablets, media players, smart TVs, set top boxes, gaming consoles and other similar devices ("Access Device").
1.2 The SuperSport Service is made available by SuperSport on the Terms and Conditions contained on the website https://www.supersport.com (these "SuperSport Terms"). Please note that the following are hereby incorporated into and form part of these SuperSport Terms:
1.2.1 our SuperSport Data Protection and Privacy Policy, accessible athttps://www.supersport.com/beta-app/terms ("Data Protection and Privacy Policy");
1.2.2 the general terms of use for the SuperSport Beta App or SuperSport Website which is accessible at www.supersport.com and such other URLs as SuperSport may use to provide the SuperSport Service (the "SuperSport Beta App or SuperSport Website"), available at https://www.supersport.com/beta-app/terms ("Terms"); and
1.2.3 the SuperSport End User Licence Agreement - Global ("Licence Agreement"), accessible at https://www.supersport.com/beta-app/terms.
1.3 By agreeing to these SuperSport Terms, you also agree to be bound by the provisions of the Privacy Policy, Website Terms of Use and Licence Agreement, as if they have been included in these SuperSport Terms in full.
1.4 You are not entitled to use to make any use of the SuperSport Service or the Content if you do not agree to these SuperSport Terms. If you make any use of the SuperSport Service or the Content, this will mean that you agree to these SuperSport Terms. If you do not agree to these SuperSport Terms, you must immediately stop using the SuperSport Service and the Content.
2. Changes to the SuperSport Terms
2.1 We may, at any time, change these SuperSport Terms.
2.2 If you are a Subscriber or Authorised User, we will notify you of the changes. We will do this by sending you an email, or through a pop-up notice when you access the SuperSport Service or the SuperSport Website, or through a pop-up notice when you log into the account which we create for you after your register in order to use the SuperSport Service ("SuperSport Account"), or through the software application developed or made available by us for users to access and receive the SuperSport Service ("SuperSport Beta App "). A "Subscriber" is a person who has registered to use the SuperSport Service through the registration process that SuperSport prescribes, and your registration has been accepted by SuperSport.
2.3 If you are not a Subscriber or Authorised User, all changes to these SuperSport Terms will take effect from the time that we place them on the SuperSport Website. You are responsible for reviewing and checking these SuperSport Terms (including any changes to the SuperSport Terms which we may make) whenever you wish to use the SuperSport Service or the Content.
2.4 If you do not agree with any changes to these SuperSport Terms, you must end your use of the SuperSport Service in the way set out in clause 11 below.
3. Who may use the SuperSport Service?
3.1 You may only use the SuperSport Service if you comply with these SuperSport Terms and:
3.1.1 you are a Subscriber or Authorised User or given authority as Beta Tester; or
3.1.2 you are allowed by a Subscriber to access or use the SuperSport Service through the Subscriber's SuperSport Account (an "Authorised User"). If you are an Authorised User, your rights to use the SuperSport Service will end when the Subscriber's rights to use the SuperSport Service end or the Subscriber stops allowing you to access or use the SuperSport Service through the Subscriber's SuperSport Account.
3.3 The Subscriber must ensure that all Authorised Users that access or use the SuperSport Service through the Subscriber's SuperSport Account, are aware of these SuperSport Terms, agree to these SuperSport Terms, and comply with these SuperSport Terms.
3.3 All acts and omissions of Authorised Users shall be treated as, and also be deemed to be (i) the acts and omissions of the Subscriber whose SuperSport Account they use to access or use the SuperSport Service; and (ii) the acts and omissions of the other Authorised Users of that SuperSport Account. All acts and omissions of a Subscriber shall be treated as, and also be deemed to be, the acts and omissions of the Authorised Users that access or use the SuperSport Service through the Subscriber's SuperSport Account. An act or omission includes any breach of these SuperSport Terms.
3.4 You must be 18 years of age or older to register for the SuperSport Service and you must not attempt to register for the SuperSport Service if you are not 18 years of age or older.
3.5 If the Authorised User is younger than 18 years of age, than the Authorised User must have the permission of her / his parent or legal guardian to use the SuperSport Service and to agree to these SuperSport Terms and must only use the SuperSport Service under the supervision of the Subscriber or another Authorised User that is 18 years of age or older.
3.6 We reserve the right to refuse to let you register or use the SuperSport Service at our sole discretion. We may do this even if you complete the registration process and agree to these SuperSport Terms.
3.7 We are in no way obliged to give reasons if we do not let you register or use the SuperSport Service .
4. Your information and details
4.1 All information supplied to us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that.
4.2 You must notify us if the information you supplied to us changes or if details we have for you change, or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.
4.3 A Subscriber or Authorised User will be able to edit the Subscriber or Authorised User's own details by logging into the Subscriber or Authorised User's SuperSport Account through the SuperSport Service or by updating the Subscriber or Authorised User's details by contacting our support agents via email at info@supersport.com. We will send the Subscriber or Authorised User an email confirming any updates or changes which the Subscriber or Authorised User makes to the Subscriber or Authorised User's details.
4.4 Please also read the Data Protection and Privacy Policy for more information on how we use your information and your rights and responsibilities.
5 Keep your SuperSport Account, personal information, password and user credentials secure and secret
5.1 If you are a Subscriber or Authorised User:
5.1.1 After you complete the registration process, we will create your SuperSport Account. You will need to use your email address or mobile number and password in order to access your SuperSport Account and to use the SuperSport Service, or such other user credentials as we may permit from time to time (for example, the log-in details for social media accounts that we may accept from time to time).
5.1.2 You are responsible for all use of your SuperSport Account and your password and any of your other user credentials (for example, the log-in details for social media accounts that you use to access the SuperSport Service).
5.1.3 Whenever a person uses the SuperSport Service, or performs any other act, with your password or through your SuperSport Account or through the use of your user credentials, we will treat this as if it was done by yourself and with your approval.
5.1.4 You must take all reasonable and appropriate measures not to share, display in public, or make your password, or your user credentials, or any of you payment details or payment information (for example, details of your bank account or credit card or other payment method) available to any person who is not authorised to have them. You accept that we cannot protect you if you do not do this.
5.1.5 You must notify us immediately by sending us an email at info@supersport.com if you suspect that another person has obtained unauthorised access to your SuperSport Account, or password, or your user credentials, or your payment information or payment details. You must also notify us immediately by sending us an email at info@supersport.com if you are aware of any unauthorised use of your SuperSport Account, or password or your user credentials, or your payment information or payment details. You will be responsible for changing your privacy settings on your SuperSport Account, your password, your user credentials, and your and payment details as soon as you become aware of any unauthorised access or use.
5.1.6 We will not be responsible for any loss or damage you may suffer if any other person uses your password, or your user credentials, or your payment information or payment details without your approval or consent.
6. Access Devices and other equipment and facilities
6.1 You are only entitled to make lawful use of the SuperSport Service and stream or download the Content through the methods permitted and intended by us, which may include through the use of the SuperSport Website, or through the use of the SuperSport Beta App on a registered Access Device.
6.2 In order to access and use the SuperSport Service, your Access Devices must meet the minimum technical specifications as set out on the SuperSport Website at https://supersport.com/beta-app. We will in no way be responsible for your inability to access the SuperSport Service and Content due to limitations specific to your Access Devices.
6.3 You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, software, systems, materials, applications, platforms, and the like, ("Technology") needed to access the internet or to use the SuperSport Service.
6.4 If an Access Device does not belong to you, you confirm and promise that you have obtained permission from the owner of the Access Device to download or stream the Content onto the relevant Access Device and to use the Access Device to receive and access the SuperSport Service.
6.5 We are not responsible for any internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device.
6.6 The quality of the SuperSport Service and the Content, and your ability to use the SuperSport Service and to stream or download the Content, including the time it takes to stream or download Content and associated costs, may be affected by various factors, such as your location, the bandwidth available, your Access Devices and their functionality or capabilities, the speed of your internet connection, the services provided by your service providers, and the communications facilities being used by you.
6.7 We make no warranties or representations about the quality of your viewing experience, or the time it takes to stream or download Content, or the bandwidth or other data that will be required to stream or download Content or to use the SuperSport Service.
6.8 you are a subscriber of the SuperSport Beta App, the quality of the SuperSport and its Content, and your ability to use the SuperSport Beta App and to stream the Content, including the time it takes to stream the Content and associated costs, may be affected by various factors including the services provided by Mobile Content providers. We are not responsible for potential Content quality shortcomings or Content unavailability with respect to the SuperSport Beta App.
7. Permitted use and what you are not allowed to do
7.1 The SuperSport Service may only be used by you in a lawful manner in the way that we specifically intended and for your personal and non-commercial purposes (the "Permitted Use").
7.2. You must not, directly or indirectly, do any of the following things or allow anybody else to do so:
7.2.1 perform any action that violates any of these SuperSport Terms or any guidelines or policies posted by us;
7.2.2 display, distribute, communicate, transmit, publish or broadcast the SuperSport Service or the Content to the public;
7.2.3 perform any action which is illegal, fraudulent or violates or infringes any Intellectual Property Rights listed in clause 14 below;
7.2.4 use any, and all Technology or other means to access, index, frame or link to the SuperSport Service (including the Content) in a way that is not expressly authorised by us;
7.2.5 use Technology or other means to remove, disable, bypass, or circumvent any Content protection or access control mechanisms, including those intended to prevent the unauthorised download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the Content or the SuperSport Service;
7.2.6 use Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or other Technology or identifying information contained on an Access Device;
7.2.7 use any Access Devices which have been "jailbroken" or "rooted";
7.2.8 access the SuperSport Service (including the Content) through any automated means, including through the use of "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the SuperSport Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
7.2.9 introduce any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Access Device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ("Destructive Code") into the Content or the Technology used by SuperSport or any other person, including in the SuperSport Website, the SuperSport Beta App or the SuperSport Service ;
7.2.10 damage, disable, overburden, impair, or gain unauthorised access to the Content, the SuperSport Service , the SuperSport Website, Technology used by SuperSport or other persons, or the SuperSport Accounts of Subscriber or Authorised Users or other users;
7.2.11 remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the SuperSport Service (including the Content), the SuperSport Website, or the SuperSport Beta App ;
7.2.12 use the SuperSport Service to advertise or promote products or services that are not expressly approved in advance in writing by us;
7.2.13 collect or process information in violation of our Data Protection and Privacy Policy;
7.2.14 encourage conduct that would constitute a criminal offense or give rise to civil liability;
7.2.15 interfere with any other person's lawful and authorised use and enjoyment of the SuperSport Service , the SuperSport Website, or the SuperSport Beta App ;
7.2.16 attempt to discover or reverse engineer the source code and other materials forming part of the Technology used to provide the SuperSport Service , or the Content, or the SuperSport Website, or the SuperSport Beta App ; and
7.2.17 receive or charge money, favours or other consideration for allowing any other person to use or access the SuperSport Service , the Content or your SuperSport Account,
(all of the above are called "Prohibited Acts").
7.3 These SuperSport Terms and any restrictions on the use of the SuperSport Service will also apply to any part of the SuperSport Website, SuperSport Beta App and Content which is cached when using the SuperSport Service or the SuperSport Website.
7.4 We may use Technology and other means to monitor that you are complying with these SuperSport Terms.
8. Content restrictions, changes to Content and the SuperSport Service
8.1 It is your responsibility to satisfy your watching preferences, make sure prior to accessing the Content, that the Content meets your individual requirements.
8.2 Unless otherwise expressly stated in these SuperSport Terms, the Content is not intended to, and does not, constitute advice or a recommendation of any nature at all in respect of, but not limited to, any entity, institution, investment, service or product.
8.3 We may continuously update the SuperSport Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the SuperSport Service and Content.
8.4 We may, at our sole discretion:
8.4.1 select and determine the Content that will be available for streaming or download, or as part of the SuperSport Service ;
8.4.2 change, remove and update the Content that will be available for streaming or download, or as part of the SuperSport Service , from time to time;
8.4.3 restrict access to Content to particular Subscriber or Authorised Users or Authorised Users or choose whether to make available certain Content to any particular Subscriber or Authorised User at any particular time
8.4.4 make different Content available to different Subscribers or Authorised Users in different geographical locations;
8.4.5 implement Technologies and measures and take steps to remove and delete Content and downloads of Content from any Access Devices and render such Content and downloads unviewable; and
8.4.6 implement Technologies and measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content.
8.5 The Content that may be available to view will vary across geographic locations and we reserve the right to limit certain Content to certain geographic locations.
8.6 You must not attempt to access restricted Content.
8.7 We reserve the right to implement Technologies, including geo-blocking technology. This includes any Technology that is able to limit, restrict or block any access and/or use by a person of any Content, product or service based on the geographical location of that person, and other measures in order to verify your geographic location and monitor that you are not accessing restricted Content from restricted geographic locations.
9. Parental Control and supervision of users
9.1 It is your responsibility to manage access to your SuperSport Account. You must take all reasonable steps to prevent the viewing of Content by people below the prescribed age restriction specified by us or by any applicable regulatory authority. You must also ensure that parental guidance restrictions and requirements are adhered to. You may limit the age restriction level of Content viewable by other users with our parental control feature.
9.2 You must supervise all use of the SuperSport Service through your SuperSport Account, and every person using the Access Devices registered to your SuperSport Account. You must also ensure that all persons that use the SuperSport Service through your SuperSport Account, and every person using the Access Devices registered to your SuperSport Account, complies with these SuperSport Terms and does not engage in any Prohibited Acts.
9.3 Certain Content may be subject to age restrictions, contain strong language, contain explicit visuals or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. We will attempt to provide appropriate audience guidelines relating to the Content. It is, however, your responsibility to heed those warnings and to act responsibly.
10. We may suspend the SuperSport Service or your use of the SuperSport Service
10.1 We may temporarily suspend part or all of the SuperSport Service, the operation of the SuperSport Website, the SuperSport Beta App or your use of the SuperSport Service or your SuperSport Account, in any one or more of these circumstances:
10.1.1 we need to perform maintenance on, or updates to, the SuperSport Website, the SuperSport Beta App or any of the Technology that we use to provide the SuperSport Service;
10.1.2 we become aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the SuperSport Website, the SuperSport Beta App, the SuperSport Service, the Content or your SuperSport Account;
10.1.3 we have reasonable grounds to believe that the SuperSport Website, the SuperSport Beta App, the SuperSport Service or the Content are being used negligently, fraudulently, illegally or in a way that we have not given permission for;
10.1.4 you do not comply with your obligations and even after we have given you 5 days' notice to comply (or such shorter period where this is reasonable);
10.1.5 we reasonably believe that your password has been lost or stolen or disclosed to an unauthorised person;
10.1.6 we become aware that any information you have provided is false, inaccurate, incomplete or misleading;
10.1.7 we must do so to comply with the law; or
10.1.8 a court or regulator tells us to do this.
10.2 The suspension will continue for so long as we reasonably believe is appropriate.
10.3 We will notify you if we suspend part or all of the SuperSport Service or your use of the SuperSport Service or your SuperSport Account, where it is reasonably practical to do so.
10.4 After you have paid us all uncollected amounts (if any) which are due to us, you may choose whether:
10.5 you wish to end your subscription to the SuperSport Service as set out in clause 14.1; or
10.6 you wish to reactivate your subscription to the SuperSport Service and SuperSport Account which was previously suspended.
11. Ending this agreement
11.1 How you may end your use of the SuperSport Service
If you are a Subscriber or Authorised User:
11.1.1 You may end this agreement and cancel your subscription to the SuperSport Service at any time without reason.
11.1.2 In order to cancel the SuperSport Service, you must email beta@supersport.com and request for your SuperSport Account to be cancelled and unsubscribed from the SuperSport Service.
11.1.3 If you are an Authorised User, you may end this agreement between you and SuperSport by no longer using the SuperSport Service .
11.2 How we may end this agreement
11.2.1 Unless otherwise terminated as specified under this Agreement. Subscriber’s rights with respect to the SuperSport Beta App will terminate upon the earlier of (a) the initial commercial release by SuperSport of a generally available version of the Beta Software or Supersport App into the public domain (b) automatic expiration of the SuperSport Beta App software based on the system date c) any replacement of this Beat SuperSport App software.
11.2.2 We reserve the right at any time and for any reason to terminate our agreement with you, or your subscription to the SuperSport Service, or the operation or availability of the SuperSport Service, or your right to use the SuperSport Service or any part thereof. If we do this and you are a Subscriber, we will give you 30 calendar days prior written notice (unless the termination is required by law or it is reasonable in the circumstances to give shorter notice).
11.2.3 We may end this agreement and terminate your use of the SuperSport Service, the Content and the SuperSport Website immediately at any time in one or more of the following circumstances:
11.2.4 where you breach a material provision of these SuperSport Terms, and fail to remedy the breach after we have given you 5 calendar days' notice (or such shorter period where this is reasonable);
11.2.5 where you breach the Licence Agreement;
11.2.6 where we have reasonable grounds to believe you are committing or have committed a Prohibited Act;
11.2.7 if you attempt to access restricted Content from restricted geographical locations;
11.2.8 where we have reasonable grounds to believe you are engaged in illegal or improper use of the SuperSport Service or the Content;
11.2.9 where we must do so to comply with the law;
11.2.10 where a court or regulator tells us to do this; or
11.2.11 if any provision of these SuperSport Terms, or part of a provision, becomes unenforceable, illegal or invalid.
12. Consequences of termination
12.1 Consequences if you end this agreement
12.1.1 When you end this agreement, your rights to use the SuperSport Service you will be unsubscribed from the SuperSport Service with immediate effect.
12.2 Consequences if we end this Agreement
12.2.1 When we end this agreement or your rights to use the SuperSport Service, your rights to use the Content and SuperSport Service will end on the date that we stop allowing you to use the SuperSport Service . You must stop using the SuperSport Service and the Content from that date.
13. Terms which do not end
13.1 Many provisions of these SuperSport Terms will continue after this agreement or your subscription to the SuperSport Service ends, including terms and conditions which by their nature must continue to apply. This is because certain rights and duties must survive even though the agreement between us has come to an end or you have stopped using the SuperSport Service.
13.2 Some of the provisions in these SuperSport Terms which continue include (but is not limited to):
13.2.1 terms and conditions where our liabilities or responsibilities, or those of our affiliates (companies under common ownership and control), are excluded or limited, including amounts which you can claim from us;
13.2.2 terms and conditions where the rights you have against us, or our affiliates, are limited or excluded;
13.2.3 terms and conditions which indemnify us or our affiliates, or you take on responsibility for certain losses or damages that may happen;
13.2.4 our rights in clause 8.4;
13.2.5 the provisions of clause 14, 15; and 16
13.2.6 any other terms and conditions in the SuperSport Terms which are expressly stated to survive or continue after the end of this agreement, or after the end of any part of this agreement.
14. Intellectual property
14.1 You acknowledge that the Content made available to you through the SuperSport Service is owned by, or licensed to, us and is protected by laws, including intellectual property law.
14.2 You must not use the SuperSport Service or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party. In these SuperSport Terms, "Intellectual Property Rights" include all intellectual property rights of whatsoever nature and however embodied, including (without limitation) copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trade marks, trade names, domain names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such Intellectual Property Rights.
14.3 You must not reproduce, modify, copy, perform, transmit or commercially exploit the Content in any manner whatsoever and no Content delivered to an Access Device may be redistributed or copied from that Access Device.
14.4 All Intellectual Property Rights, including all rights, title and interest in and to the SuperSport Service, SuperSport Website and Content, of whatsoever nature existing now and, in the future,, remain our absolute property and that of our licensors.
14.5 You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the SuperSport Service , the SuperSport Website or the Content other than the limited, non-exclusive, non-transferable and revocable licence to use the SuperSport Service for the Permitted Use in accordance with these SuperSport Terms.
14.6 Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
15. Disclaimer and exclusion of warranties
15.1 As far as the law allows, the SuperSport Service, SuperSport Website, SuperSport Beta App and Content is still undergoing final testing and development before its official release. The SuperSport Beta App, the platform, its software and all content found on it are provided on an “as is” and “as available” basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
15.2 As far as the law allows, we make no representations and give no warranties that the SuperSport Service or Content will be tailored to meet your personal requirements or expectations, be available and accessible at all times, be uninterrupted, error free, secure, or free from Destructive Code.
16. Limits to our liability
16.1 The provision of any software or of the SuperSport Website or the SuperSport Beta App under this agreement is experimental and shall not create any obligation for SuperSport to continue to develop, productize, support, repair, offer for sale or in any other way
16.2 As far as the law allows, we and our affiliates will not be responsible to you (and we hereby disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from any:
16.1.1 errors, mistakes, or inaccuracies in the Content or the SuperSport Website or the SuperSport Beta App or SuperSport Service;
16.1.2 personal injury or property damage, of any nature whatsoever, resulting from access to and use of the SuperSport Service;
16.1.3 any unauthorised access to or use of our Technology and/or any and all personal information stored therein;
16.1.4 any interruption or cessation of transmission to or from SuperSport Website or the SuperSport Beta App, the Content, or Technology used by you or us to provide or receive the SuperSport Service or the Content; and/or
16.1.5 any Destructive Code which may be transmitted to or through the SuperSport Beta App, the SuperSport Website, the SuperSport Service or the Content.
16.1.6 The provisions of clause 16.1 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.
16.1.7 any downloading or uploading of material to the SuperSport Beta App or SuperSport Website is done at the Subscriber’s / Authorised user’s own risk and the Subscriber’s / Authorised will be solely responsible for any damage to any computer system or loss of data that results from such activities.
17. Indemnity
17.1 As far as the law allows, you hereby irrevocably indemnify us and our affiliates and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of:
17.1.1 you infringing or misusing any person's rights, including Intellectual Property Rights in relation to the SuperSport Service and Content;
17.1.2 you performing a Prohibited Act;
17.1.3 you failing to comply with these SuperSport Terms; and/or
17.1.4 any deliberate or unlawful act that you commit or a failure to act.
18. Notices and communication
18.1 Any notices sent to us under these SuperSport Terms, including legal notices, must be delivered to us by hand or registered post at MultiChoice City, 144 Bram Fischer Drive, Ferndale by email at info@supersport.com.
18.2 Any notices we send to you under these SuperSport Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about, or to your email address if you indicated that as your preference on registration. However, any notices that we may send you in other ways which are received by you, will qualify as adequate notice.
18.3 We have also the right to send you notices and communications about certain issues by SMS, or email or direct message, or when you log in to the SuperSport Account, or on the SuperSport Website, or through the SuperSport Beta App. These issues include :
18.3.1 changes or updates to your details
18.3.2 inactivity of your SuperSport Account;
18.3.3 notices that you are in breach of these SuperSport Terms;
18.3.4 notices of suspension or termination of, or that we intend to suspend or terminate, this agreement or the SuperSport Service or your use of the SuperSport Service (or any part thereof);
18.3.5 notices that we have changed any part of the SuperSport Terms; and
18.4 You may not unsubscribe to receive notices from us regarding the above information.
18.5 All notices given by us to a Subscriber or Authorised User shall be treated as having been given, and be deemed to have also been given, to the Authorised Users that access or use the SuperSport Service through the Subscriber or Authorised User's SuperSport Account. All notices given by us to an Authorised User shall also be treated as having been given, and be deemed to have also been given, to the Subscriber or Authorised User whose SuperSport Account the Authorised User makes use of. The Subscriber and Authorised Users must immediately make each other aware of notices which may be received from us.
19. References and links to and from other web sites, products and services
19.1 The SuperSport Beta App and the SuperSport Website may include access to products and services provided by third parties. Such products and/or services may be provided directly or via links to the third parties. We shall, where reasonable, classify the products and/or services as third party products or services. Notwithstanding that the products and/or services may be co-branded; you acknowledge that the agreement for the provision of such third-party product or service is between you and the relevant third party and we shall not be party to such agreement. Further, we shall not be liable for any act or omission of the third party, nor the provision of the products or services by the third party to you.
19.2 The SuperSport Beta App and the SuperSport Website may contain references or links to other websites or apps ("Other Websites and Apps") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Websites or the opinions, products, services of third parties. Your use of Other Websites or Apps or the products or services of third parties will be entirely at your own risk.
19.3 To the fullest extent allowed by law, we are not responsible to you for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Websites or Apps the opinions, products or services of third parties.
19.4 You may not make (and you may not allow any third party to make) any reference to us, the Beta SuperSport Service, the SuperSport Beta App or the Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party.
20. Miscellaneous provisions
20.1 These SuperSport Terms, and any rights, obligations and licenses granted hereunder, may not be transferred, ceded, delegated or assigned by you.
20.2 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these SuperSport Terms and we may do so without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, except that we do not need to notify you if we transfer, cede, delegate or assign any or all rights or obligations to an affiliate. We may sub-contract our obligations without your consent and we do not have to inform you if we sub-contract any of our obligations.
20.3 These SuperSport Terms shall apply for the benefit of and be binding upon each party's successors and assigns.
20.4 SuperSport means SuperSport International (Pty) Limited, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa with its address at: MultiChoice City, 144 Bram Fischer Drive, Ferndale Randburg, South Africa. The SuperSport Terms shall be governed by the laws of the Republic of South Africa.
20.5 Our failure to exercise or enforce any right or provision of these SuperSport Terms shall not constitute a waiver of such right or provision.
20.6 These SuperSport Terms make up the whole agreement between you and us relating to the use of the Content and the SuperSport Service. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the SuperSport Service or the Content that is not written in these SuperSport Terms.
20.7 Each provision of these SuperSport Terms, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these SuperSport Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these SuperSport Terms, the rest of these SuperSport Terms will still be valid and enforceable.
20.8 In these SuperSport Terms, headings are for convenience and not to be used in interpreting these terms, and unless expressly stated otherwise or otherwise required by the context:
20.8.1 references to the singular includes the plural and vice versa;
20.8.2 words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders.
20.8.3 words or expressions that are defined or capitalised in these SuperSport Terms shall have the same meaning wherever used in these SuperSport Terms;
20.8.4 the word 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word:
20.8.5 'including' means 'including but not limited to';
20.8.6 'include' means 'include but is not limited to'; and
20.8.7 'includes' means 'includes but is not limited to'.
20.8.8 where any number of days is given, those days are counted to exclude the first day but include the last day.
This version of the SuperSport Service Terms and Conditions apply from 12 July 2020.
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