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A. |
GENERAL CONDITIONS OF ACCESS TO PushPlay WEBSITE |
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1 |
This Website is offered to Users by ISAZI TRADING (PROPRIETARY) LIMITED, Registration
No: 2003/013546/07 trading as PushPlay (PushPlay, Private Bag X35,
Cape Mail, 8003). Please note that these Terms and Conditions are valid, binding
and enforceable against all persons that access the Website, or any part thereof. |
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2 |
If Users do not agree to be bound by these Terms and Conditions, Users must leave
the Website without delay, as further use of the Website shall automatically bind
Users to these Terms and Conditions. |
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3 |
Definitions |
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3.1 |
"Customer Services" means the PushPlay unit processing customer queries located
at cservices@PushPlay.co.za; |
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3.2 |
"Instruction" means an instruction from the User by means of a communication to
PushPlay to perform or process a transaction; |
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3.3 |
"Member" means a User, duly registered and authorised to use the Online Services; |
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3.4 |
"Offline Business" means the services provided by PushPlay other than via the Online
medium; |
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3.5 |
"Online" means through the Website; |
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3.6 |
"Online Business" means the services provided Online by PushPlay to Users; |
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3.7 |
"Purchase" and "Rental" shall have a corresponding meaning; |
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3.8 |
"Password" means a familiar sentence, saying or phrase provided by the User that
shall be required in order to verify and identify the User and to facilitate the
use of the PushPlay service; |
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3.9 |
"PushPlay" means Isazi Trading (Pty) Ltd, Registration No: 2003/013546/07; |
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3.10 |
"Subscription" and "Membership" shall have a corresponding meaning; |
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3.11 |
"Subscription Period" means the one month period for which Members get billed, which
period shall be automatically renewed by PushPlay unless cancelled by the Member;
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3.12 |
"Titles" means the goods for rental or purchase (as the case may be) via the Website
including, without limitation audio/video clips, graphics, games, DVDs or digital
downloads;
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3.13 |
"User" means any person who enters or uses the Website, notwithstanding the fact
that such a person only visits the home page of the Website; and |
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3.14 |
"Website" means the Website, owned and operated by Isazi Trading (Pty) Ltd, and
located at, http://www.PushPlay.co.za including any
part thereof; |
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3.15 |
References herein to the singular includes the plural and vice versa; |
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B |
ONLINE RENTING |
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1 |
Application |
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1.1 |
This Agreement governs the rights and obligations of Members, the Users and PushPlay
in respect of the supply of Online Title Rentals. The rights of a User shall be
limited to accessing and viewing such information provided on the Website for which
no Password is required. |
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1.2 |
In this Agreement, all references to Member(s) shall include reference to a User,
provided that a User shall under no circumstances obtain any of the rights granted
to Members in this Agreement. |
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1.2.1 |
This Agreement is confined to Online Title Rentals and, unless otherwise provided
for, does not apply to Offline Business. |
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2 |
Acceptance of Terms and Conditions |
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2.1 |
This Agreement governs the rights and obligations of Members, the User and PushPlay
in respect of the supply of Online Title Rentals. The PushPlay service is comprised
of information and content, which includes but is not limited to advertising services,
materials, general news, e-commerce, interactive chat rooms, and/or forums (moderated
and unmoderated) provided by PushPlay and third parties with whom PushPlay has contracted. |
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2.2 |
PushPlay reserves the right to change or update these Terms and Conditions from
time to time. |
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2.3 |
Some of the content provided on this Website may not be suitable for Users under
18 years of age. Access to such content is disabled by default. PushPlay will allow
Users to configure filtered access to such content but advises parents or guardians
to supervise children's use of this Website, as PushPlay is unable to monitor Users
of the Website on a regular basis. |
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2.4 |
When making application to become a Member, Users agree that: |
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2.4.1 |
they will be irrevocably bound by the Terms and Conditions applicable to the use
of this Website; |
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2.4.2 |
they will provide full and accurate information; |
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2.4.3 |
registration is for a single user and a Member's password cannot be shared with
any other person. |
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2.5 |
Members and Users further undertake not to: |
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2.5.1 |
impersonate any other person or use a false or unauthorised name so as to create
a false identity and/or e-mail address or to misrepresent the origin or identity
of any communications; |
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2.5.2 |
make use of the Website to collect, harvest or otherwise obtain personal information
relating to other Users or Members. |
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3 |
Description of Membership
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3.1 |
As a User who has chosen to and voluntarily registered, Members are able to access
all the chargeable services on the PushPlay Website, ownership of which remain vested
in PushPlay at all times. |
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3.2 |
Members can find the specific details regarding their subscription with PushPlay
including billing dates, at any time by clicking on the "My Account" section of
the Website. |
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3.3 |
By supplying a telephone number when applying for Membership, Users grant PushPlay
permission to contact Members via phone regarding a Member's account and any special
offers or promotions that PushPlay may offer Members from time to time. |
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4 |
Password and Security |
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4.1 |
Upon providing the relevant personal information (including a User's name, email
address, postal address, Identity Number, valid payment details and/or documentation)
required by PushPlay ("the Initial Requirements") "Potential Members" will be required
to adopt a Password by such means and in such format as PushPlay may determine from
time to time. |
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4.2 |
The chosen Password will thus enable Members to log on to the part of the Website
reserved for Members. |
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4.3 |
Members are responsible for maintaining the confidentiality of their Password and/or
Username and are responsible for all activities that occur under them. PushPlay
do not have the means to check the identity of parties using the Website and will
not be liable where a Member's Password is used by an unauthorised party. |
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4.4 |
Should a Member change its address, Members are required to update their address
details in the My Account section of the Website so as to ensure that Titles are
not delivered to the wrong address. This is to be done before Members actually relocate,
as Members will be liable for any Titles delivered to the wrong address. |
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4.5 |
PushPlay may, in its sole discretion and for whatever reason, require a Member to
change his/her Password from time to time and the Member undertakes to comply with
such requirement unconditionally. |
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4.6 |
If an Instruction sent by e-mail is not acknowledged by PushPlay, the Member shall
not re-submit or send the same Instruction before contacting Customer Services.
This is because the initial Instruction may still be processed and re-sending the
Instruction may lead to a double Transaction for which PushPlay shall not be held
liable. |
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4.7 |
Members shall report any actual or potential unauthorised access to or use of the
Password to PushPlay, without delay, to Customer Services. On receipt of such notification,
via email PushPlay reserves the right to:(a) reject all Instructions received after
such notification; (b) suspend the processing of all Instructions not yet executed;
(c) reverse (if possible) all executed Transactions with effect from such date and
time as PushPlay may reasonably determine the unauthorised use to have commenced;
or (d) deactivate the Password without further notice. |
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4.8 |
Members shall be obliged to log-off from the Online Service before exiting a Session.
Failure to log-off could result in unauthorised Transactions for which PushPlay
will not be held liable. |
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4.9 |
In the event that a Member forgets or misplaces his or her Password, Members are
required to contact Customer Services, alternatively following the instructions
under the "Forgot Password" section on the Website. |
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5 |
Warranties |
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5.1 |
Members warrant that: |
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5.1.1 |
he/she are over 18 years of age; |
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5.1.2 |
all information and details provided by Members to PushPlay (including on registration
as a Member) are true, accurate and up to date in all respects (please click on
"My Account" to update your Membership details if needed); and |
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5.1.3 |
Members will comply with these Terms and Conditions including, without limitation,
the restrictions relating to acceptable use set out in paragraph 8 below. |
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5.2 |
Members agree to indemnify and hold PushPlay harmless from any claim or damages
(including any legal fees) made by a third party in respect of any matter in relation
to or arising from a Member using the PushPlay Website and/or Membership arising
from any breach or suspected breach of these Terms and Conditions by Members or
a Members violation of any law or the rights of any third party. |
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6 |
Free Trial |
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6.1 |
Free trials are only available to new Subscribers of PushPlay. Previous Subscribers
or triallists of PushPlay or any other service provided by PushPlay do not qualify
for a free trial. |
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6.2 |
The free trial is available only once to any one person and to only one member of
a household. Subsequent free trials by the same person at any address, or by another
person at the same address, are not permitted. |
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6.3 |
Users must have internet access and valid payment details to redeem a free trial
offer. |
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6.4 |
Upon registering for a free trial, Users agree that a deposit equalling R149
will be charged for the use of the service in order to protect PushPlay from theft
and fraud and to verify a User's identity, This deposit will be refunded upon user
cancellation within the free trial period, provided that PushPlay does not suspect
theft or fraud on the part of the user. The deposit becomes a non refundable activation
fee after the free trial period is over. The end of a free trial is effective on
the day that the first monthly payment for the service is submitted. |
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6.5 |
A Subscriber's free trial period which is limited to 3 Titles to be kept no longer
than 14 days, commencing on the date registration is completed and the account is
successfully created. |
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6.6 |
PushPlay will begin billing Subscribers at the end of the free trial period, and
thereafter on prescribed monthly intervals, unless Users cancel their Subscription
before the end of the free trial period. PushPlay will continue to bill Users through
their chosen payment method for the service until a Subscriber has successfully
completed the cancellation process. |
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6.7 |
Users must cancel their account before the end of the free trial period to avoid
charges. For instructions on how to do this, see the section on "Cancellation" hereunder. |
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7 |
Subscription Fees |
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7.1 |
In consideration for the benefits ensuing from Membership, Members consent to PushPlay
charging them subscription fees and any other charges that Members may incur through
the use of the PushPlay service, subject always to a Member's right of termination. |
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7.2 |
Subscription and or Membership charges will be charged on the day following the
end of the free trial period (if applicable) or on the first day of subscription
should a User not be eligible for a free trial. This charge will continue on each
renewal date thereafter unless and until a User cancels its subscription regardless
of how much of the service has been used. PushPlay will automatically charge Users,
through the specified payment method, each period (monthly unless otherwise specified)
on or after the calendar day corresponding to the commencement of a User's membership,
all fees and charges being non - refundable. |
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7.3 |
PushPlay may change the fees and charges in effect, or add new fees and charges
from time to time, subject to prior notice of such changes via email. Should there
be a change in a Member's card validity or expiry date Users may edit their payment
details by visiting the relevant section of the website as PushPlay do not provide
refunds for cancellations part-way through the billing period. |
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7.4 |
Should a Member's account fall into arrears PushPlay reserves the right to pass
on a Member's details to a collection agency for collection of the outstanding debt. |
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7.5 |
Members agree not to hold PushPlay responsible for banking charges incurred due
to payments on their account. |
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7.6 |
PushPlay may, in its sole discretion, change the fees for any services at any time,
but agrees to notify Members at least 30 days in advance of any change in fees. |
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7.7 |
Members may upgrade or downgrade their PushPlay subscription as often as Members
like, within the relevant section of the PushPlay website. Any reduction in a Member's
bill will take effect at the next billing period after any outstanding discs have
been returned to PushPlay. Any increase in a Member's bill resulting from an upgrade
will take effect immediately (without changing any subsequent billing dates). Additional
charges, resulting from an upgrade, are non-refundable. |
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7.8 |
Please note that any change to a Member's subscription package or delivery address
details during any free trial period, will result in the termination of the free
trial and the start of regular billing as described in paragraph 6.6 above. |
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7.9 |
PushPlay will permit Members to put their account on hold, free of charge, for up
to 2 weeks. Members can also suspend their account for a period of 1 to 6 months
for a small monthly maintenance charge of R25.00 (twenty five rand). Detailed instructions
on how to hold or suspend your membership can be found in our "Help" section on
the website. |
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7.10 |
PushPlay may, in its sole discretion, charge or withhold an administration or transaction fee of R15.00 (fifteen rand) for all refunds, transaction resubmissions and or transactions that are not deemed the regular monthly payment for subscription. |
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8 |
Acceptable Use |
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8.1 |
PushPlay supports the free flow of information and ideas over the Internet and do
not actively monitor use of the Site, including the Members' area under normal circumstances.
PushPlay seek to balance this aim with it's obligations to other Members and any
or all laws. PushPlay therefore only periodically review profiles entered onto the
Website by Members in order to ensure compliance with these terms, and to comply
with (or investigate) any enforcement agency or police request or complaints. PushPlay
therefore requires Members not to: |
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8.1.1 |
say or do anything that would cause annoyance, inconvenience, harassment or needless
anxiety to others; |
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8.1.2 |
advertise or promote a third party's or a Member's own products or services through
the distribution of 'spam' mail; |
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8.1.3 |
use foul, threatening or offensive language including, without limitation, racist,
sexist, ageist, homophobic or sexually explicit language where inappropriate; |
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8.1.4 |
distribute illegal, copyright infringing, indecent or offensive material or content
that may incite disorder or encourage illegal activities, that causes or may cause
harm to any person; |
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8.1.5 |
impersonate another person or Member; |
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8.1.6 |
transfer files that contain viruses, trojans or other harmful programs; |
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8.1.7 |
use the Website to conduct any fraudulent activity including any "pyramid scheme";
"ponzi scheme" or "chain letter"; |
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8.1.8 |
access or attempt to access the accounts of other Members or to penetrate or attempt
to penetrate the Website's security measures; |
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8.1.9 |
have more than one Member Account at any time; |
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8.2 |
PushPlay may take any or all of the following actions in it's sole discretion: |
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8.2.1 |
remove any Member or other material that, in it's discretion may be inappropriate
or that PushPlay suspects to be illegal, or might subject PushPlay to liability
or which may violate these Membership Terms and Conditions or where required to
do so by law; |
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8.2.2 |
issue Members with verbal or written warnings and may take such further action as
PushPlay may deem appropriate under this paragraph 6 if such warnings are not heeded; |
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8.2.3 |
suspend or terminate a Member's access to the Members' area of the Website or a
Member's Account without notice at any time; |
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8.2.4 |
inform the appropriate authorities and provide them with information regarding any
suspected illegal activity; |
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8.2.5 |
bring legal action against a Member or Users of the Website in relation to any breach
of these Terms and Conditions or any illegal or suspected illegal activity; |
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8.3 |
PushPlay will determine what action is appropriate to be taken against a Member
or User on a case by case basis. |
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8.4 |
Members acknowledge that PushPlay may be required by law or regulation to access,
monitor, store or copy material sent by or to Members and/or Users without further
notice to Members. |
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9 |
Cancellation |
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9.1 |
Subject to paragraph 9.2 below, a Member can terminate its Membership at any time
by notifying PushPlay by logging on, clicking on "My Account", and then clicking
on cancel. |
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9.2 |
Immediately upon requesting cancellation, no further Titles will be dispatched to
Members, unless such Titles were processed by the PushPlay warehouse a few minutes
prior to a Members request for cancellation. |
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9.3 |
Please note that it is the Member's responsibility to ensure that all Titles are
returned, and cancellation will thus only be confirmed upon PushPlay having actual
possession of all Titles. All Titles must be returned before the next billing date
following cancellation to avoid any further charges. Once all Titles have been returned,
the cancellation will take effect immediately whereafter an email confirming cancellation
will be remitted to the particular Member. |
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9.4 |
Please note that any Member subscription paid by a Member is subject to the Subscription
period specified on the site and during the registration process. This means that,
where a Member chooses to terminate its Member subscription before the expiry of
this period, such Member will not receive any refund in respect of this Subscription
period. |
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9.5 |
PushPlay reserve the right to charge the full replacement cost for any non-returned
Titles. |
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9.6 |
No refunds will be paid by PushPlay where a Member's Membership is terminated by
PushPlay as a consequence of a Member's breach of these Terms and Conditions. |
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10 |
Ownership and Copyright |
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10.1 |
Copyright in all information, material and logos (hereinafter referred to as ("material")
made available through this Website is protected by intellectual property laws.
Accordingly, any unauthorised copying, reproduction, retransmission, distribution,
dissemination, sale, publication, broadcast or other circulation, or exploitation
of this material will constitute an infringement of such protection. |
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10.2 |
Users acknowledge and agree that certain content on the Website and on Titles provided
to Users is the property of third party licensors and without prejudice to any and
all other rights and remedies available, each such licensor has the right to directly
enforce relevant provisions within these Terms and Conditions against Users. |
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10.3 |
All trade marks, logos, images, products and company names displayed or referred
to on this website are the property of their respective owners. Nothing on this
Website grants Users any licence or right to use, alter or remove such material. |
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10.4 |
The information on this Website including, without limitation, all opinions or other
content does not constitute professional advice or services. Before making any decision
or taking any action which might affect a Member's personal finances or business
Member(s) should consult their own professional advisors. |
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10.5 |
This Website could include technical, typographical or other inaccuracies and Users
are urged to contact PushPlay to confirm all information contained on these pages
prior to placing reliance thereon. Changes are periodically made to the information
herein and these changes will be incorporated in new editions of this website. PushPlay
expressly reserves the right, in its sole and absolute discretion, to alter or amend
any criteria or information set out in this website without notice. |
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10.6 |
Subject to the above, a Member may download insubstantial excerpts of this content
to hard disk for the purpose of viewing it, provided that no more than one copy
of any information is made. |
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11 |
Delivery and Return of Discs |
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11.1 |
Titles can only be delivered to addresses falling within the areas specified on
the website excluding PO Box addresses. |
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11.2 |
PushPlay currently use the South African Postal Service, prepaid postage to deliver
and return the Titles Members have selected to view. Actual delivery times may vary
depending on stock availability, delivery addresses, when Members make their selection,
and circumstances impacting delivery by the Postal service, and Members will not
hold PushPlay responsible for any delays, outside of PushPlay's control. |
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11.3 |
PushPlay reserves the right to use alternative delivery methods without prior notification. |
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11.4 |
Although PushPlay allows Members to prioritise the order in which to view discs,
PushPlay cannot guarantee that such requests are met. PushPlay will at all times
endeavour to despatch a Member's next rental(s) within one business day of receiving
the previous rental(s) back into the PushPlay Distribution Centre. |
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11.5 |
Please note that Members must wait a minimum of four working days before reporting
a disc as not received or lost on the way back to PushPlay. It is the Member's responsibility
to then report all lost discs online. PushPlay are unable to offer a refund for
any discs which are paid for by Members and then found at a later date. Members
are obliged to comply with PushPlay's claim compensation process, as amended from
time to time. |
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11.6 |
PushPlay reserve the right to cancel a Member's Membership should it become apparent
that, in PushPlay's sole opinion, the postal service in a Member's area is too unreliable. |
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11.7 |
PushPlay cannot be held responsible for items belonging to Members or those belonging
to a third party, which are sent to PushPlay in error. Where possible, PushPlay
will try to return these items, but are unable to compensate Members for the loss
of such items and can thus not accept liability for such items. |
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11.8 |
As a prerequisite for Membership, Members assured PushPlay that their post-box is
secured and locked at all times. Members accordingly accept full responsibility
for Titles which are stolen whilst in a Member's possession, agreeing to pay the
full replacement costs of the stolen Titles. For the purposes of this agreement
a Member shall be deemed to be ‘in possession' of a Title as soon as such Title
was placed in their post-box by the Postal Service. |
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12 |
Use and Care for Titles |
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12.1
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Members and or Users agree not to infringe any rights including intellectual property
rights of any person including, without limitation, copying, reproducing, screening,
republishing or otherwise modifying any material provided as part of the PushPlay
service. |
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12.2 |
Members agree that as end users they are responsible for the viewing of any Title
supplied by PushPlay to Members and that any minor's viewing of any Titles will
be restricted by Members consistent with any applicable film classification applied
to that Title by the Film and Publication Board of South Africa. |
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12.3 |
Members agree to treat the Titles and their associated packaging with the utmost
care at all times, and further agree that PushPlay may charge Members in the event
of the Titles being returned in an unreasonable condition (reasonable wear and tear
accepted). Such charge to equal the complete replacement value of the relevant Title. |
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13 |
Future Content |
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13.1 |
PushPlay may in future offer content on this Website that Members can view for a
limited period, but requiring Users to pay-per-download, ("PPD Content"), subject
to Members agreeing to the applicable PPD Terms and Conditions prior to purchase
and actual payment of the applicable fee. |
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13.2 |
PushPlay may also in future offer Members content on this Website that Members'
may actually Download -to- Own ("DTO Content") details of which will be expanded
upon such content becoming available. |
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13.3 |
Notwithstanding current unavailability, Members are reminded that a Members ability
to download or view DTO/PPD Content will depend upon Members having sufficient technical
equipment, including connectivity and bandwidth available to properly download and
view such content. PushPlay are unable to specify particular requirements (which
may vary) and are not responsible in any way for a Member's inability to download
and view such content. |
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13.4 |
Any rights granted to Members hereunder (or on the Website at the time of purchase)
to make and keep any copies of DTO/PPD Content is solely an accommodation to Members
and shall not constitute a grant or waiver (or other limitation or implication)
of any rights of the copyright owners in any audio or video content contained within
any DTO/PPD Content. |
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13.5 |
Members may not re-sell, re-distribute, sublicense or otherwise transfer any right
or licence in the DTO/PPD Content, or use the Content in any manner other than set
forth on this Website at the time of Purchase. Any additional usage rules set forth
on the Website shall become part of, and are incorporated into, these Terms of use. |
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14 |
Limitation Of Liability |
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14.1 |
Whilst PushPlay will use all reasonable endeavours to correct any errors or omissions
as soon as practicable once they have been brought to its attention, PushPlay do
not warrant that the Website will be available uninterrupted and in a fully operating
condition nor that the information on and provided via the Site will be free from
errors or omissions. |
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14.2 |
Access to this Website and its contents may be suspended temporarily and without
notice in the case of system failure, necessary maintenance or repair or for reasons
beyond PushPlay's control. |
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14.3 |
Save that nothing in this paragraph 14 shall restrict a Member's statutory rights
including a Member's right to receive a reasonable standard of service from PushPlay,
all content and services on this Website are provided on an 'as is' and 'as available'
basis. PushPlay do not make any representation nor does it give any warranty in
respect of the Website or its content, including, without limitation, information
provided by or regarding other Members, and/or Users. |
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14.4 |
PushPlay cannot vet all Members and/or User profiles to ensure that they are appropriate
or correct. Any decision made or action taken by Members on the basis of information
provided on or via the Website is at a Member's sole discretion and risk. |
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14.5 |
Due to the fact that many technical aspects of the Website and the content provided
herein is supplied by or otherwise dependent on third parties, PushPlay do not give
any warranty as to the accuracy, suitability, reliability, completeness, performance,
satisfactory quality, fitness for a particular purpose, or freedom from viruses,
or other harmful programs of the content contained in or accessed through this Website. |
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14.6 |
PushPlay will not be liable for any damages, including indirect or consequential
losses whether in contract, delict (including negligence) or otherwise, arising
in connection with any use by a Member or other Users of the Website that is in
contravention of these Terms and Conditions or is not directly attributable to PushPlay's
negligence. Where PushPlay are liable for direct loss this will be limited to a
maximum of the total price of the Members monthly Subscription paid to PushPlay
by a Member. |
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14.7 |
PushPlay do not make any representation or give any warranty in respect of the products
or services provided by third party Suppliers on this Website, including, without
limitation information provided by Members. |
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15 |
Security and Privacy |
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15.1 |
Member's attention is drawn to the fact that information transmitted via the Internet,
including without limitation e-mail, is susceptible to monitoring and interception.
Members are therefore discouraged from transmitting to PushPlay any uncalled-for
information which may be confidential, proprietary or sensitive. Members shall bear
all risk of transmitting such information in this manner and under no circumstances
will PushPlay be liable for any loss, harm or damage suffered by Member as a result
thereof, or otherwise, arising in connection with any use by Members or Users of
the Website that is in contravention of these Terms and Conditions or is not directly
attributable to PushPlay's negligence. |
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15.2 |
PushPlay reserves the right to request independent verification of any information
transmitted via e-mail and Members consent to such verification should PushPlay
deem it necessary. |
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15.3 |
PushPlay requests that no unsolicited, confidential or proprietary information be
sent to PushPlay. Any such unsolicited information or material sent to PushPlay
will be deemed not to be confidential, unless otherwise agreed in writing by PushPlay.
Notwithstanding the aforegoing, PushPlay will not sell or forward any personal User
information to any third party unless obliged to do so by law. |
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15.4 |
PushPlay may include partner promotional material on or within PushPlay envelopes
from time to time.
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16 |
General |
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16.1 |
All Titles remain the property of PushPlay at all times. Members may not sell, lease,
lend, license, hire out for any reward, use in a manner inconsistent with the rights
of the copyright owners or commercially exploit any PushPlay Titles in any way at
any time. |
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16.2 |
Members shall only be entitled to the R50.00 referral fee as detailed under the
heading ‘refer a friend' should such "friend" become a full member. For the avoidance
of doubt, the friend should not just sign up for the free trial period but should
continue its subscription after the free trial period terminates. |
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16.3 |
PushPlay shall not be liable for any failure for any suspension, or termination
of access to the Website or any content arising out of a force majeure event. A
force majeure event shall include, without limitation, failure of infrastructure,
government intervention, wars, civil commotion, hijacking, fire, flood, accident,
storm, strikes, lockouts, terrorist attacks, or industrial action affecting PushPlay
or its suppliers. |
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16.4 |
PushPlay is registered with the Film and Publications Board, and all Titles go through
the Film and Publications Boards' screening (classification) process, notwithstanding
the fact that bona fide scientific, documentary, dramatic or artistic films when
judged within that context do not require classification. |
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16.5 |
Having regard to paragraph 12.2 and the consumer safe guard referred to in paragraph
2.3 above, PushPlay once again advises Members to protect and safeguard children
under the age of 18 years from viewing harmful or disturbing material as detailed
in the Film and Publications Act 65 of 1996, as PushPlay is unable to incontestably
determine who the end user and/or viewer of the Titles is going to be. |
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16.6 |
The 'cooling-off' rights, as set out in section 44 of the Electronic Communications
and Transactions Act 25 0f 2002, do not apply to the services set out herein. |
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16.7 |
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise
unenforceable by reason of law then to the extent and within the jurisdiction in
which that term is illegal, invalid or unenforceable, it shall be severed and deleted
from these Terms and Conditions and the remaining Terms and Conditions shall survive,
remain in full force and effect and continue to be binding and enforceable. |
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16.8 |
These Terms and Conditions shall be governed by and interpreted in accordance with
the laws of South Africa. Disputes arising in connection with these Terms shall
be subject to the exclusive jurisdiction of the courts of South Africa. |
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16.9 |
Should Members be unhappy with their purchase for any reason, Members have the option
of returning it to PushPlay in good condition within 14 days. PushPlay will then
issue a full refund for the price of the item. PushPlay will also be happy to refund
the purchase price in full if the return results either from an error made by PushPlay
or from a defective item. Upon making such return, Members are required to provide
the reason for the return and the request for a refund, wrap the package securely,
and then send it to the address set out at the top of these terms. |
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17 |
Complaints And Feedback |
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If Users have any complaints about another Member or User or any aspect of the Website
or if a Member have any questions or would otherwise like to provide any other feedback,
Members can contact PushPlay by clicking on "Contact Us" or writing to us at the
address set out at the top of these terms. |
