Showmax Terms And Conditions

These Showmax service terms and conditions apply to the use of the Showmax service. Please read these terms and conditions carefully.

1. THE SHOWMAX SERVICE AND YOUR AGREEMENT TO THESE SHOWMAX TERMS

1.1 Showmax ("Showmax" or “we” or “us” or "our”) provides an on demand streaming service available in the form of various Showmax Subscription Plans (the “Showmax Service”) which can be accessed on the website https://showmax.com through which users can stream or temporarily download, as applicable, television shows, movies, live sport events, video or audio clips and other audio-visual materials (the “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, as further described in clause 6 of these Showmax Terms (the “Access Device”).

1.2 The Showmax Service is made available by Showmax under the terms and conditions contained on the website https://showmax.com/terms/ (these “Showmax Terms”). Please note that the following are hereby incorporated into and form part of these Showmax Terms:

1.2.1 our privacy policy, accessible at https://showmax.com/privacy/ (“Privacy Policy”);

1.2.2 the general terms of use for the Showmax website which is accessible at https://showmax.com and such other URLs as Showmax may use to provide the Showmax Service (the “Showmax Website”), available at https://showmax.com/website-terms/ (“Website Terms of Use”); and

1.2.3 the Showmax Application End User Licence Agreement (“Licence Agreement”), accessible at https://showmax.com/licence-agreement/.

1.3 By agreeing to these Showmax 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 Showmax Terms in full.

1.4 When you set up your account, you are required to accept the Showmax Terms. You are not entitled to make any use of the Showmax Service or the Content if you do not agree to these Showmax Terms. If you make any use of the Showmax Service or the Content, this will mean that you agree to these Showmax Terms. If you do not agree to these Showmax Terms, you must immediately stop using the Showmax Service and the Content.

1.5 These Showmax Terms, including any other documents referred to herein, form a binding legal agreement between the Subscriber and Showmax (the "Agreement"). This Agreement will continue until it is ended by the Subscriber or us in one of the ways set out in these Showmax Terms.

1.6 Depending on the location of your residence, the Showmax Service is provided to you by the following Showmax entity:

1.6.1 If you reside in South Africa or Lesotho, Showmax means the entity Showmax SA Proprietary Limited (company registration number: 2022/672391/07), a company duly registered and incorporated in accordance with the laws of the Republic of South Africa with its address at: 144 Bram Fischer Drive, Randburg, Johannesburg, Gauteng, 2194, South Africa.

1.6.2 If you reside in Nigeria, Showmax means the entity MSAT Nigeria Limited (company registration number: RC 480418), a company duly registered and incorporated in accordance with the laws of the Federal Republic of Nigeria with its address at: Plot 1381 Tiamiyu Savage Street, Victoria Island, Lagos, Nigeria.

1.6.3 If you reside in one of the countries listed below, Showmax means the entity Showmax Africa Holdings Limited (company registration number: 14402312), a company duly registered and incorporated in accordance with the laws of England and Wales with its address at: 27 Old Gloucester Street, London, England, WC1N 3AX, United Kingdom: Angola, Benin, Botswana, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Tanzania, Togo, Uganda, Zambia and Zimbabwe.

1.7 The governing law of the Showmax Terms and your relationship with Showmax shall be determined as follows:

1.7.1 If the Showmax Service is provided to you by Showmax SA Proprietary Limited, the Showmax Terms shall be governed by the laws of the Republic of South Africa.

1.7.2 If the Showmax Service is provided to you by MSAT Nigeria Limited, the Showmax Terms shall be governed by the laws of Nigeria.

1.7.3 If the Showmax Service is provided to you by Showmax Africa Holdings Limited, the Showmax Terms shall be governed by the laws of England and Wales.

1.8 These Showmax Group of companies in 1.7 are members of MultiChoice Group Limited, a company incorporated in the Republic of South Africa (registered number 2018/473845/06), whose registered office is at MultiChoice City, 144 Bram Fischer Drive, Ferndale, Randburg, Gauteng, 2914, Republic of South Africa.

2. CHANGES TO THE SHOWMAX TERMS

2.1 We may, at any time, change these Showmax Terms. If you are a Subscriber, we will notify you of the changes. We will do this by sending you an email, SMS or through other means described in clause 20.3, including a pop-up notice when you log into the account which we create for you after you register in order to use the Showmax Service (“Showmax Account”), or through the software application developed or made available by us for users to access and receive the Showmax Service (“Showmax App”). A “Subscriber” is a person who has registered to use the Showmax Service through the registration process that Showmax prescribes and has purchased at least one Subscription Plan of the Showmax Service (including a Free Trial plan, if available), and the registration has been accepted by Showmax.

2.2 If you are not a Subscriber, all changes to these Showmax Terms will take effect from the time that we place them on the Showmax Website. You are responsible for reviewing and checking these Showmax Terms (including any changes to the Showmax Terms which we may make) whenever you wish to use the Showmax Service or the Content.

2.3 By continuing to use the Showmax Service after being notified about any changes to the Showmax Terms, as described above, you agree with the amended version of the Showmax Terms. If you do not agree with any changes to these Showmax Terms, you must end your use of the Showmax Service in the way set out in clause 14.1 below.

3. WHO MAY USE THE SHOWMAX SERVICE?

3.1 You may only use the Showmax Service if you comply with these Showmax Terms and:

3.1.1 you are a Subscriber; or

3.1.2 you are allowed by a Subscriber to access or use the Showmax Service through the Subscriber's Showmax Account (including through one of its profiles) (an “Authorised User”). If you are an Authorised User, your rights to use the Showmax Service will end when the Subscriber's rights to use the Showmax Service end or the Subscriber stops allowing you to access or use the Showmax Service through the Subscriber's Showmax Account.

3.2 The Subscriber must ensure that all Authorised Users that access or use the Showmax Service through the Subscriber's Showmax Account, are aware of these Showmax Terms, agree to these Showmax Terms, and comply with these Showmax 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 Showmax Account they use to access or use the Showmax Service; and (ii) the acts and omissions of the other Authorised Users of that Showmax 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 Showmax Service through the Subscriber's Showmax Account. An act or omission includes any breach of these Showmax Terms.

3.4 You must be 18 years of age or older to register for the Showmax Service and you must not attempt to register for the Showmax 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 Showmax Service and to agree to these Showmax Terms and must only use the Showmax 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 Showmax Service at our sole discretion. We may do this even if you complete the registration process and agree to these Showmax Terms.

3.7 We are in no way obliged to give reasons if we do not let you register or use the Showmax Service.

4. YOUR INFORMATION AND DETAILS

4.1 All information supplied to us must be truthful, accurate and complete. This also includes your name and surname, as well as the e-mail address and cellular phone number (“Contact Details”) that we request you to provide during the registration process and at any time after that.

4.2 You must notify us if the information you supplied to us, including the Contact Details, changes, or if it is 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 will be able to edit the Subscriber's own information, including Contact Details, by logging on to the Subscriber's Showmax Account through the Showmax Service or by contacting our customer support agents using the contact information provided in clause 20.7. Please note that we may require additional information from you or request you to authenticate yourself through any means that we may use from time to time, to be able to identify you as the Subscriber.

4.4 Please also read the Privacy Policy for more information on how we use your information and your rights and responsibilities.

4.5 We may share your personal data with Affiliated Companies (which shall mean in these Showmax Terms, any other person (i) controlled by Showmax; (ii) under common control with Showmax, (iii) that controls Showmax; (iv) with whom Showmax or any of the persons contemplated in (i), (ii) or (iii) has a co-operation or joint venture arrangement (“JV Partner”); (v) that is controlled by, or under common control with, any JV Partner; and (iv) all direct and indirect subsidiaries of MultiChoice Group Limited (“MultiChoice”), in order to market MultiChoice or Showmax branded or other products or services to you subject to your right to object or unsubscribe from any direct-marketing communications.

4.6 We may also transfer these Showmax Terms to Affiliated Companies following the restructuring of the Showmax Group, including changes in ownership or control of assets, shares or management of Showmax, or that of our Affiliated Companies; the processing of your personal data for this purpose is based on our legitimate interest.

5. KEEP YOUR SHOWMAX ACCOUNT, PAYMENT DETAILS, PASSWORD AND USER CREDENTIALS SECURE AND SECRET

5.1 After you complete the registration process on the Showmax Website or on the Showmax App, we will create your Showmax Account. You will need to use your name and surname, email address, cell phone number and password in order to access your Showmax Account and to use the Showmax Service, or such other user credentials as we may permit from time to time.

5.2 You are responsible for all use of your Showmax 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 Showmax Service, if applicable).

5.3 Whenever a person uses the Showmax Service, or performs any other act, with your password or through your Showmax Account or through the use of your user credentials, we will treat this as if it was done by yourself and with your approval.

5.4 You must take all reasonable and appropriate measures not to share, display in public, or make your password, or your user credentials, or your 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.

5.5 You must notify us immediately by sending us an email at help@showmax.com if you suspect that another person has obtained unauthorised access to your Showmax 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 help@showmax.com if you are aware of any unauthorised use of your Showmax Account, or password or your user credentials, or your payment information. You will be responsible for changing your privacy settings on your Showmax Account, your password, your user credentials, and your payment details as soon as you become aware of any unauthorised access or use.

5.6 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 with your approval or consent.

6. ACCESS DEVICES AND OTHER EQUIPMENT AND FACILITIES

6.1 You are only entitled to make lawful use of the Showmax Service and stream or download the Content through the methods permitted and intended by us, which may include through the use of the Showmax Website, or through the use of the Showmax App on a registered Access Device.

6.2 We may impose limitations on the number of registered Access Devices, and we may change this limitation from time to time.

6.3 Showmax may offer different subscription plans as part of the Showmax Service. Each type of subscription plan will have restrictions on the number of concurrent streams of Content to an Access Device registered to a Showmax Account of a Subscriber to that subscription plan. Some subscription plans may be available only for mobile Access Devices. These restrictions are determined by Showmax, and details can be obtained from Showmax prior to subscribing to a subscription plan, i.e., during the checkout process. The number of concurrent streams of Content that are allowed to an Access Device registered to your Showmax Account at any time will depend on the particular type of Subscription Plan that you subscribe to. You must not exceed the number of concurrent streams of Content to an Access Device registered to your Showmax Account that apply to the particular Subscription Plan you have subscribed to.

6.4 Showmax Subscription Plans:

6.4.1 We offer access to the Showmax Service through a variety of Subscription Plans at different prices. You can access the list of our Subscription Plans on offer, their prices and information about the content offered on the Showmax Service at https:/www.showmax.com

6.5 In order to access and use the Showmax Service, your Access Devices must meet the minimum technical specifications as set out on the Showmax Website at https://showmax.com/help/. We will in no way be responsible for your inability to access the Showmax Service and Content due to limitations specific to your Access Devices.

6.6 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 Showmax Service.

6.7 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 Showmax Service.

6.8 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.

6.9 The quality of the Showmax Service and the Content, and your ability to use the Showmax 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.

6.10 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 Showmax Service.

6.11 If you are a subscriber of any above-mentioned Showmax Subscription Plans, your ability to use the respective Showmax Subscription Plan 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 Showmax. We are not responsible for potential Content quality shortcomings or Content unavailability with respect to Showmax Subscription Plan.

7. PERMITTED USE AND WHAT YOU ARE NOT ALLOWED TO DO

7.1 The Showmax 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 Showmax Terms or any guidelines or policies posted by us;

7.2.2 display, distribute, communicate, transmit, publish or broadcast the Showmax 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 16 below;

7.2.4 use any, and all Technology or other means to access, index, frame or link to the Showmax 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 Showmax 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 Showmax 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 Showmax 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 Showmax or any other person, including in the Showmax Website, the Showmax App or the Showmax Service;

7.2.10 damage, disable, overburden, impair, or gain unauthorised access to the Content, the Showmax Service, the Showmax Website, Technology used by Showmax or other persons, or the Showmax Accounts of Subscribers or other users;

7.2.11 remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Showmax Service (including the Content), the Showmax Website, or the Showmax App;

7.2.12 use the Showmax 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 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 Showmax Service, the Showmax Website, or the Showmax 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 Showmax Service, or the Content, or the Showmax Website, or the Showmax App;

7.2.17 receive or charge money, favours or other consideration for allowing any other person to use or access the Showmax Service, Showmax App, the Content or your Showmax Account; and

7.2.18 commit any other violation of the License Restrictions, as set out in the License Agreement (all of the above are called “Prohibited Acts”).

7.3 These Showmax Terms and any restrictions on the use of the Showmax Service will also apply to any part of the Showmax Website, Showmax App and Content which is cached when using the Showmax Service, the Showmax Website or the Showmax App.

7.4 We may use Technology and other means to monitor that you are complying with these Showmax Terms.

8. CONTENT RESTRICTIONS, CHANGES TO CONTENT AND THE SHOWMAX 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 Showmax 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 Showmax Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the Showmax 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 Showmax Service;

8.4.2 change, remove and update the Content that will be available for streaming or download, or as part of the Showmax Service, from time to time;

8.4.3 restrict access to Content to particular Subscribers 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 limit the number of programmes or temporary downloads of any part of the Content that can be made by you or through a Showmax Account at any time;

8.4.5 limit the number of temporary downloads of a particular programme or part of the Content you may make or initiate, or which may be made or initiated through a Showmax Account;

8.4.6 limit the number of times you can attempt to download a particular programme or part of the Content, where the downloading of the programme or part of the Content fails to complete because of poor internet connection or other technical problem;

8.4.7 make different Content available to different Subscribers or Authorised Users in different geographical locations;

8.4.8 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

8.4.9 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. CREATION OF PROFILES, PARENTAL CONTROL AND SUPERVISION OF AUTHORISED USERS

9.1 Each Subscriber may create up to six (6) profiles in his or her Showmax Account. The Subscriber can create kids profiles or regular profiles, set an age restriction in the settings of each profile (“Age Restriction”), and manage access rights of Authorised Users to individual profiles. For kids profiles, the Subscriber can set one of the following Age Restrictions: Little Kids (A), Older Kids (7-9 PG) or Pre-Teen (10-12 PG). For regular profiles, the Subscriber can set one of the following Age Restrictions: Family (PG), Teen (13+ and 16+) or Adults (18+). The Subscriber is required to confirm his or her password to set or adjust the Age Restriction of each profile. The main profile cannot be a kids profile.

9.2 When an Age Restriction is set for a profile, video playback is restricted for the Content that is rated above the profile’s Age Restriction. To prevent a minor from switching to a profile with a higher Age Restriction to bypass the playback restriction, the Subscriber may also set a 4-digit PIN for each profile (the “Profile PIN”). In such case, the Profile PIN will be required whenever the Authorised User attempts to switch or log-in to a profile protected by the Profile PIN. Setting and/or changing the Profile PIN also requires the Subscriber’s password.

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, the Subscriber’s responsibility to heed those warnings, to act responsibly and to ensure that no minors have access to Content that is unsuitable for them, even if the Profile PIN has been set.

9.4 The Subscriber must supervise all use of the Showmax Service through his or her Showmax Account, and every person using the Access Devices registered to the Showmax Account. The Subscriber must also ensure that all persons that use the Showmax Service through his or her Showmax Account, and every person using the Access Devices registered to the Showmax Account, complies with these Showmax Terms and does not engage in any Prohibited Acts.

10. SUBSCRIPTION PERIOD

10.1 A Showmax Service Subscription will commence when the Subscriber registers to use the Showmax Service and purchases at least one Subscription Plan (including a Free Trial, if available) and we accept the registration. The subscription period for each Subscription Plan is either one month or such alternative number of days as we may prescribe from the day of purchase of the Subscription Plan (the “Subscription Period”) However, if the Subscriber was given a Free Trial, the Subscription Period will be calculated from the day after the Free Trial expires and continue until the corresponding day in the following month (notwithstanding that your subscription started at the beginning of the Free Trial period). Likewise, any Subscription Period other than a calendar month allocated to a Subscription Plan will commence on the day of purchase of that Subscription Plan and expire on the last day of the Subscription Period.

10.2 The Subscriber can choose between Subscription Plans with recurring (e.g., monthly) or once-off payment.

10.3 If the Subscriber chooses a Subscription Plan with recurring payment, the Subscription Period will automatically renew on the Billing Date, as defined below.

10.4 If the Subscriber chooses a Subscription Plan with once-off payment, the subscription will end upon the expiry of the Subscription Period from the day of the purchase of the subscription, in accordance with the chosen Subscription Plan. You may purchase a new subscription after the expiry of your subscription with once-off payment. You may also purchase several subscriptions with once-off payment at the same time (subscription packs).

10.5 Free Trial terms and conditions

10.5.1 We may from time to time allow the Subscriber to use the Showmax Service within a period of 14 days after the Subscriber registers (or such other period we may specify upon registration) and we will not charge the Subscriber for use of the Showmax Service during this time; this includes Subscription Plans provided via Showmax Vouchers by Showmax or in cooperation with third-party partners as promotional offers (“Free Trial”). The Free Trial requires that the Subscriber choose a payment method and provide the necessary payment information. If we give a Subscriber a Free Trial and the Subscriber does not cancel the subscription before the end of the Free Trial period, the Subscriber will be required to pay the Subscription Fee and the subscription will continue as a subscription with recurring payment until we or the Subscriber end this Agreement in the way set out in clause 14.

10.5.2 Except for Subscription Plans provided as promotional offers, Free Trials are strictly reserved for first-time Subscribers. You will not qualify for a Free Trial if your payment details have been used to pay for a subscription on another Showmax Account or if you have registered before.

10.5.3 We reserve the right, at our sole discretion, to determine whether you are entitled to a Free Trial.

10.5.4 If you cancel the subscription before the end of the Free Trial, you will continue to have access to the Showmax Service for the remainder of the Free Trial period. If you cancel the subscription before the end of the Free Trial, you will lose access to temporary downloads upon the expiration of the Free Trial.

10.5.5 We reserve the right, at our discretion, to determine Showmax Service subscription plans that are subject to Free Trial.

11. PAYMENT AND BILLING

11.1 Subscription fees

11.1.1 A Subscriber must pay the Subscription Fee on a monthly basis or for such other period as we may set from time to time and all taxes that we are required to charge on this fee (the “Subscription Fee”) to gain access to the Content. The Subscriber is informed about the total amount of the Subscription Fee during the checkout process before he or she makes the purchase of the Subscription Plan.

11.1.2 The Subscription Fee excludes any internet, data, service provider or Access Device costs, which shall be for your own account.

11.1.3 The Subscription Fee must be paid by the Subscriber in advance and for every Subscription Period.

11.1.4 If you choose a Subscription Plan with recurring payment, your subscription will automatically renew upon expiration and we will bill you on or within a reasonable period after the day corresponding to the day on which you purchased the first subscription (“Billing Date”) However, if the Subscriber was given the Free Trial, the Billing Date will be calculated from the day after the Free Trial expires (e.g., if the Free Trial ended on 15 March, the first Billing Date will be 16 March and the 16th day of each month after that).

11.1.5 The Subscriber must pay the Subscription Fee on each Billing Date. If you choose a Subscription plan with recurring payment, the Subscription Fee will be automatically deducted from your funds using the Payment Method that you chose.

11.1.6 If you wish to change your Subscription Plan, you must cancel your current Subscription Plan and purchase a new one. You are, however, entitled to purchase an additional Subscription Plan of a different kind at any time.

11.1.7 Showmax may process a small once-off charge in your local currency to authenticate your chosen payment method. The charged amount will be refunded to you. Please note that the refund can take up to several days to process.

11.2 Changes to Subscription Fees

11.2.1 We may amend our Subscription Fees from time to time during the course of our agreement with you.

11.2.2 We will give the Subscriber at least 14 days prior written notice of any amendments to the Subscription Fee, unless we are unable to do so due to the requirements of the applicable laws (e.g., changes in the relevant tax rates).

11.2.3 Where there is an amendment in the Subscription Fee and the Subscriber does not agree to the adjusted Subscription Fee, the Subscriber may cancel the subscription in accordance with clause 14.1.

11.3 Payment Method

11.3.1 In order to complete the registration process, you will be required to tell us which method you will use to make a payment (e.g., with a credit card, a debit card, using a voucher, through a partner (add-to-bill) or another payment facility made available on the Showmax Website or the Showmax App), (your “Payment Method”) and give us the details of your Payment Method that are necessary to carry out the payment, (your “Payment Details”).

11.3.2 By registering for the Showmax Service and providing your designated Payment Method or Payment Details, you authorise us to charge you the Subscription Fee at the then current rate, and any other charges you may incur through the use of the Showmax Service to your Payment Details and Payment Method.

11.3.3 You must provide current, valid and accepted Payment Details upon registration, which we may authenticate. The same details will be used to pay for the Showmax Service depending on the selected Payment Method and the Subscription Plan.

11.3.4 If you decide to add another Subscription Plan, in accordance with clause 11.1.6, you must use the same Payment Method chosen for the active Subscription Plan.

11.3.5 If there is a change in your Payment Details or Payment Method, you are required to immediately update the information by logging onto the Showmax Website or the Showmax App and updating your Showmax Account.

11.3.6 You must ensure at all times that you keep your Payment Details updated and that you have sufficient funds available to pay for the Showmax Service.

11.3.7 If you change your Payment Details or Payment Method, we may choose to authenticate the new Payment Details or Payment Method prior to the new Payment Details or Payment Method being accepted. We will inform you once your new Payment Details or Payment Method have been accepted.

11.3.8 If you purchased a Subscription Plan with recurring payment, you may delete your current Payment Method, however, you are required to replace it with a new Payment Method and provide the necessary Payment Details. If you do not wish to provide a new Payment Method, you must cancel your Subscription in line with clause 14.1 of these Showmax Terms.

11.3.9 We reserve the right to bill you for the Subscription Fees in your local currency or in the currency displayed on the Showmax Website during the checkout process, in line with the applicable laws.

11.3.10 If a payment is not successfully made or collected, due to expiration, insufficient funds, incorrect Payment Details or another reason, you remain responsible for any uncollected amounts and you authorise us to continue to collect payment from your Payment Details and Payment Method for a period of additional days from the date payment is due.

11.3.11 We are not responsible for any acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers. You will be responsible for the acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers, including those responsible for your Payment Method or for paying us.

11.3.12 We will notify you if payment is unsuccessful and if we are unable to collect payment from your Payment Details or using your Payment Method. We may suspend your subscription to the Showmax Service if we are unable to collect payment successfully, as set out in clause 13.

11.3.13 Even if we suspend your subscription, you will still be responsible for all uncollected amounts which are due to us for the time that you continued to be a subscriber to the Showmax Service.

11.4 Sales records and invoices

We will provide a Subscriber with a sales record of the transactions and order history which a Subscriber can view by logging into the Subscriber's Showmax Account on the Showmax Website. We may also provide invoices to you by e-mail.

11.5 Showmax Vouchers and promotions

11.5.1 For the purpose of this section, voucher refers to a single-use alphanumeric code provided by Showmax or a third-party partner that the Subscriber must activate on the Showmax Website, and which shall be valid for a limited period corresponding to the Subscription Period of the selected Subscription Plan.

11.5.2 We may, in our sole discretion, offer vouchers ourselves or through our business arrangements with third parties, to selected Subscribers which enable Subscribers to access the Showmax Service for a discounted rate of the Subscription Fee or free of charge, subject to our terms and conditions and that of our partners. Should this be applicable to you, please take note of these additional terms and conditions. The terms and conditions relating to such vouchers and Showmax will be disclosed on the Showmax Website or in other communications made available to you.

11.5.3 Should you subscribe to a recurring Subscription Plan with a voucher at any time and should the period of use therein expire, you will thereafter be billed in accordance with these terms and conditions using the Payment Details you provided us.

11.5.4 Vouchers that are provided free of charge are, unless specifically stated otherwise, subject to the provisions of these Showmax Terms governing the use of Free Trials, in particular clause 10.5.

11.5.5 Vouchers are strictly valid for the subscription period that is indicated in the Subscription Plan on the date of purchase. Please be aware that we do not offer extensions for voucher validity.

11.5.6 We may also introduce a number of different Subscription Plans or options, including special promotional plans with different conditions and limitations. Any materially different terms from those described in these Showmax Terms will be disclosed on the Showmax Website or in other communications made available to you.

11.6 Refunds

11.6.1 As far as the law allows, payment of the Subscription Fee is non-refundable and we will not refund or credit you for partially used Subscription Periods.

11.6.2 If you wish to end your subscription, you must do this in the way set out in clause 14.1.

12. SUSPENSION OF THE SHOWMAX SERVICE OR YOUR USE OF THE SHOWMAX SERVICE

12.1 We may temporarily suspend part or all of the Showmax Service, the operation of the Showmax Website or the Showmax App, or your use of the Showmax Service or your Showmax Account, in any one or more of these circumstances:

12.1.1 We need to perform maintenance on, or updates to, the Showmax Website, the Showmax App, or any of the Technology that we use to provide the Showmax Service;

12.1.2 we become aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the Showmax Website, the Showmax App, the Showmax Service, the Content or your Showmax Account;

12.1.3 we have reasonable grounds to believe that the Showmax Website, the Showmax App, the Showmax Service or the Content are being used negligently, fraudulently, illegally or in a way that we have not given permission for;

12.1.4 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);

12.1.5 we reasonably believe that your password has been lost or stolen or disclosed to an unauthorised person;

12.1.6 we become aware that any information you have provided is false, inaccurate, incomplete or misleading;

12.1.7 we must do so to comply with the law; or

12.1.8 a court or regulator requires us to do this.

12.2 The suspension will continue for so long as we reasonably believe is appropriate.

12.3 We will notify you if we suspend part or all of the Showmax Service or your use of the Showmax Service or your Showmax Account, where it is reasonably practical to do so.

13. SUSPENSION OF THE SHOWMAX SERVICE IN THE EVENT OF NON-PAYMENT

13.1 We may temporarily suspend part or all of the Showmax Service, or your use of the Showmax Service or your Showmax Account if you fail to pay us on time or if we are unable to collect payment from your Payment Details or through your Payment Method.

13.2 We will inform you that we are suspending part or all of the Showmax Service, or your use of the Showmax Service or your Showmax Account due to payment not taking place.

13.3 The suspension will continue for as long as all uncollected amounts which are due to us have been paid by you.

13.4 After you have paid us all uncollected amounts which are due to us, you may choose whether:

13.4.1 you wish to end your subscription to the Showmax Service as set out in clause 14.1; or

13.4.2 you wish to reactivate your subscription to the Showmax Service and Showmax Account which was previously suspended.

14. ENDING THIS AGREEMENT

14.1 How you may end this Agreement, if you are a Subscriber

14.1.1 You may end this Agreement and cancel your subscription to the Showmax Service at any time without reason.

14.1.2 In order to cancel the Showmax Service, you must access your Showmax Account on the Showmax Website and follow the instructions for cancellation.

14.1.3 You must cancel your subscription before the next Billing Date to avoid the next billing. If you fail to do so, you must pay all Subscription Fees which are invoiced by us before you cancel your subscription. As far as the law allows, any payment of the Subscription Fee already made at the date of cancellation will not be refunded.

14.1.4 If you are using a third party as a Payment Method and wish to cancel your subscription to the Showmax Service at any time, you acknowledge and agree that you may also need to terminate your relationship with such third party by cancelling your account with the applicable third party. Billing information in respect of your subscription to the Showmax Service may be made accessible on your account with the applicable third party.

14.2 If you are an Authorised User, you may end this Agreement between you and Showmax by no longer using the Showmax Service.

14.3 How we may end this Agreement

14.3.1 We reserve the right at any time and for any reason to terminate our Agreement with you, or your subscription to the Showmax Service, or the operation or availability of the Showmax Service, or your right to use the Showmax 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).

14.3.2 We may end this Agreement and terminate your use of the Showmax Service, the Content and the Showmax Website immediately at any time in one or more of the following circumstances:

14.3.2.1 where you breach a material provision of these Showmax Terms, and fail to remedy the breach after we have given you 5 calendar days' notice (or such shorter period where this is reasonable);

14.3.2.2 where you breach the Licence Agreement;

14.3.2.3 where we have reasonable grounds to believe you are committing or have committed a Prohibited Act;

14.3.2.4 if you attempt to access restricted Content from restricted geographical locations;

14.3.2.5 where we have reasonable grounds to believe you are engaged in illegal or improper use of the Showmax Service or the Content;

14.3.2.6 where we must do so to comply with the law;

14.3.2.7 where a court or regulator tells us to do this; or

14.3.2.8 if any provision of these Showmax Terms, or part of a provision, becomes unenforceable, illegal or invalid.

15. CONSEQUENCES OF TERMINATION

15.1 Consequences if you end this Agreement
When you end this Agreement, your rights to use the Showmax Service will continue until the end of your current Subscription Period and you will be unsubscribed from the Showmax Service on the day before the next Billing Date. The Showmax Service will continue up until the day before the next Billing Date even if there is no usage on your Showmax Account or you do not use the Showmax Service for the remainder of the Subscription Period following the cancellation. This means that you will have access to the Showmax Service and Content for the remainder of that period.

15.2 Consequences if we end this Agreement
When we end this Agreement or your rights to use the Showmax Service, your rights to use the Content and Showmax Service will end on the date that we stop allowing you to use the Showmax Service. You must stop using the Showmax Service and the Content from that date.

15.3 Terms which do not end

15.3.1 Many provisions of these Showmax Terms will continue after this Agreement or your subscription to the Showmax 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 Showmax Service.

15.3.2 Some of the provisions in these Showmax Terms which continue include (but is not limited to):

15.3.2.1 terms and conditions where our liabilities or responsibilities, or those of our Affiliated Companies, are excluded or limited, including amounts which you can claim from us;

15.3.2.2 terms and conditions where the rights you have against us, or our Affiliated Companies, are limited or excluded;

15.3.2.3 terms and conditions which indemnify us or our Affiliated Companies, or you take on responsibility for certain losses or damages that may happen;

15.3.2.4 our rights in clause 8.4;

15.3.2.5 the provisions of clause 16; and

15.3.2.6 any other terms and conditions in the Showmax 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.

16. INTELLECTUAL PROPERTY

16.1 You acknowledge that the Content made available to you through the Showmax Service is owned by, or licensed to, us and is protected by laws, including intellectual property law.

16.2 You must not use the Showmax 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 Affiliated Companies, licensors or any third party. In these Showmax 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.

16.3 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.

16.4 All Intellectual Property Rights, including all rights, title and interest in and to the Showmax Service, the Showmax Website, the Showmax App and the Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.

16.5 You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the Showmax Service, the Showmax Website, the Showmax App or the Content other than the limited, non-exclusive, non-transferable and revocable licence to use the Showmax Service for the Permitted Use in accordance with these Showmax Terms.

16.6 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.

16.6 For the avoidance of doubt, entering into this Agreement or using the Showmax Service does not grant you any rights in or to any third-party Intellectual Property Rights or third-party platforms, and any other technology, applications, components, APIs, software tools or other services or materials licensed or otherwise provided by or on behalf of any third party.

17. DISCLAIMER AND EXCLUSION OF WARRANTIES

17.1 As far as the law allows, the Showmax Service, Showmax App and Content are provided on an "as is" 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).

17.2 As far as the law allows, we make no representations and give no warranties that the Showmax 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.

18. LIMITS TO OUR LIABILITY

18.1 As far as the law allows, we and our Affiliate 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:

18.1.1 errors, mistakes, or inaccuracies in the Content or the Showmax Service;

18.1.2 personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Showmax Service;

18.1.3 any unauthorised access to or use of our Technology and/or any and all personal information stored therein;

18.1.4 any interruption or cessation of transmission to or from the Showmax App, the Content, or Technology used by you or us to provide or receive the Showmax Service or the Content; and/or

18.1.5 any Destructive Code which may be transmitted to or through the Showmax App, the Showmax Website, the Showmax Service or the Content.

18.2 The provisions of clause 18.1 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.

18.3 Notwithstanding the above provisions of clause 18, any claims arising in connection with the Showmax App or the Showmax Service shall be pursued against Showmax and not any third party, including our licensors or service providers. To the maximum extent permitted by the applicable law, our licensors and service providers shall have no liability towards you in connection with the Showmax App or the Showmax Service.

19. INDEMNITY

19.1 As far as the law allows, you hereby irrevocably indemnify us and our Affiliate and agree to hold us, our Affiliate and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of:

19.1.1 you infringing or misusing any person's rights, including Intellectual Property Rights in relation to the Showmax Service and Content;

19.1.2 you performing a Prohibited Act;

19.1.3 you failing to comply with these Showmax Terms; and/or

19.1.4 any deliberate or unlawful act that you commit or a failure to act.

20. NOTICES AND COMMUNICATION

20.1 Any notices sent to us under these Showmax Terms, including legal notices, must be delivered to us by email at help@showmax.com or by hand or registered post to the following address:

20.1.1 if the Showmax Service is provided to you by Showmax SA Proprietary Limited, to the address at: 144 Bram Fischer Drive, Randburg, Johannesburg, Gauteng, 2194, South Africa;

20.1.2 if the Showmax Service is provided to you by MSAT Nigeria Limited, to the address at: Plot 1381 Tiamiyu Savage Street, Victoria Island, Lagos, Nigeria;

20.1.3 if the Showmax Service is provided to you by Showmax Africa Holdings Limited, to the address at: 27 Old Gloucester Street, London, England, WC1N 3AX, United Kingdom.

20.2 Any notices we send to you under these Showmax Terms, including legal notices, will be delivered to you using the Contact Details or through any means mentioned in clause 20.3 below, subject to Showmax’s sole discretion. Any notices that we may send you and which are received by you, will qualify as adequate notice.

20.3 We have also the right to send you notices and communications about certain issues by SMS, or email or when you log in to the Showmax Account, or on the Showmax Website, or through the Showmax App. These issues include:

20.3.1 increases to Subscription Fees;

20.3.2 changes or updates to your details

20.3.3 suspension of your Showmax Account;

20.3.4 notices that you are in breach of these Showmax Terms;

20.3.5 notices of suspension or termination of, or that we intend to suspend or terminate, this Agreement or the Showmax Service or your use of the Showmax Service (or any part thereof);

20.3.6 notices that we have changed any part of the Showmax Terms; and

20.3.7 notices about billing or payment information, including (without limitation) non-payment.

20.4 You may not opt out from receiving notices pursuant to clause 20.3 and similar communication relating to your use of the Showmax Service and our contractual relationship.

20.5 After you register, we may use your Contact Details to communicate news relating to the Showmax Service as well as the latest updates and offers that Showmax is providing as part of the Showmax Service (“Marketing Communication”). Our Marketing Communication methods may include e-mail, SMS, other messaging platforms (e.g., WhatsApp), telephone calls or any eligible communication method that Showmax may use from time to time. By signing up for Showmax, you give Showmax permission to contact you with Marketing Communication in the extent described above. You may opt out (and opt in again, if desired) from receiving Marketing Communication from Showmax at any time in the settings of your Showmax Account or using the opt-out option included in any such communication (e.g., using a code provided in each SMS or changing your marketing preferences in the settings of your WhatsApp or another messaging platform account). If you need assistance with changing your marketing preferences, you may request assistance using the channels described in clause 20.7 below.

20.6 All notices given by us to a Subscriber shall be treated as having been given, and be deemed to have also been given, to the Authorised Users that access or use the Showmax Service through the Subscriber's Showmax 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 whose Showmax 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.

20.7 In case of any queries relating to your use of the Showmax Service, you may access our Help Centre at https://showmax.com/help/ and get live chat support, or email us at help@showmax.com. You may also contact our helpline at +27 10 825 4343. Please note that call charges may apply.

21. REFERENCES AND LINKS TO AND FROM OTHER WEBSITES, PRODUCTS AND SERVICES

21.1 The Showmax App and the Showmax 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.

21.2 The Showmax App and the Showmax Website may contain references or links to other websites (“Other Websites”) 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 the products or services of third parties will be entirely at your own risk.

21.3 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 the opinions, products or services of third parties.

21.4 You may not make (and you may not allow any third party to make) any reference to us, the Showmax Service, the Showmax 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.

22. MISCELLANEOUS PROVISIONS

22.1 These Showmax Terms or the Agreement, and any rights, obligations and licenses granted hereunder, may not be transferred, ceded, delegated or assigned by you.

22.2 You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these Showmax Terms or the Agreement 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 subcontract our obligations without your consent, rand we do not have to inform you if we subcontract any of our obligations.

22.3 These Showmax Terms shall apply for the benefit of and be binding upon each party’s successors and assigns.

22.4 Our failure to exercise or enforce any right or provision of these Showmax Terms shall not constitute a waiver of such right or provision.

22.5 These Showmax Terms, including the documents referred to herein, make up the whole agreement between you and us relating to the use of the Content and the Showmax 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 Showmax Service or the Content that is not written in these Showmax Terms.

22.6 Each provision of these Showmax 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 Showmax Terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Showmax Terms, the rest of these Showmax Terms will still be valid and enforceable.

22.7 These Showmax Terms may be provided in several languages. In case of any discrepancy, the English version shall prevail.

22.8 In these Showmax 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:

22.8.1 references to the singular includes the plural and vice versa;

22.8.2 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.

22.8.3 words or expressions that are defined or capitalised in these Showmax Terms shall have the same meaning wherever used in these Showmax Terms;

22.8.4 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:

22.8.4.1 ‘including’ means ‘including but not limited to’;

22.8.4.2 ‘include’ means ‘include but is not limited to’; and

22.8.4.3 ‘includes’ means ‘includes but is not limited to’;

22.8.5 where any number of days is given, those days are counted to exclude the first day but include the last day.