Terms of Use

About the Service.

freevision play is a "Digital Service" and a physical product will not be shipped nor received. freevision play is a TV & Radio platform designed for personal, entertainment and informational purposes only.

Children and Minors.

freevision play is intended for general audiences. Parents and guardians who permit their children to use freevision play should supervise such access to freevision play by minors and are responsible for ensuring that the Content is suitable for those children. Such Content may not specifically be intended to be accessed by children.

Advertising.

You acknowledge and agree that freevision play is supported by advertising, and you agree that such advertising may be presented as part of the freevision play service. Any dealings that you have with advertisers found on freevision play are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim of any nature whatsoever and howsoever arising that you may have against any advertiser.

Registration.

We and our affiliates may provide certain interactive or communications online services that may require you to obtain log-in and password credentials ("User IDs"). Registration for User IDs may be subject to separate terms and conditions, which you understand and agree will govern your use of such User IDs when you access freevision play.

Registration and Access Controls.

You are responsible at all times for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage of any nature whatsoever and howsoever arising resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

Your Responsibilities.

freevision play is for your personal use only and you agree that you are responsible for your use of the site and for any posts you make. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You will use freevision play for lawful purposes only and for no other purposes whatsoever. You agree that you will not access or submit material or use freevision play or its Content, or otherwise engage in any conduct that:

• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful;
• uses technology or other means to access freevision play or Content that is not authorized by freevision play;
• use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access freevision play or Content;
• attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to gain unauthorized access to our computer network or user accounts;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates this Agreement, guidelines or any policy posted on freevision play;
• attempts to damage, disable, overburden, or impair our servers or networks; or
• interferes with any other party's use and enjoyment of freevision play.

You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any freevision play service if we believe in our sole and exclusive discretion that you are violating this Agreement.

No Spam.

You may not use freevision play to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use freevision play to violate the terms of this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.

Monitoring; violations.

We have no duty to monitor or pre-screen Content on freevision play. We reserve the right, in our sole and exclusive discretion, to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Violation of this may result in actions, without warning, that range from removal of Content, to suspension of access, to deletion of your User ID and account, to legal action in our sole and exclusive discretion.

Proprietary Rights.

As between you and freevisiontv.co.za, its’ affiliates, parent, licensors, suppliers, and various Content owners, own the property rights to freevision play and any Content offered through freevision play. freevision play and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by freevision play or the owner of the Content.

Our license to you.

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use freevision play subject to the terms of this Agreement. You may not use freevision play in any manner whatsoever that exceeds the rights granted for your use of the service and its’ Content. Without limitation of the foregoing, you may not engage in unauthorized copying or distribution of the Content or creating an unauthorized derivative work/s. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or freevision play service. Your license terminates immediately upon cancellation or termination of your freevision play or if we believe you are in violation of this Agreement.

Trademarks & Copyright.

The trademarks, copyrights, names, logos, and service marks (collectively ‘trademarks & copyrights’) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right of any nature whatsoever to use any trademarks & copyrights without the prior written permission of the website owner. Any unauthorized use of trademarks & copyrights will be subject to legal action.

Procedure for making claims of copyright infringement.

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on freevision play in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.

Equipment and access.

You must provide, at your own expense, the equipment and Internet connections that you will need to access and use freevision play.

Cookies

Cookies are data that a Website transfers to an individual's hard-drive for record-keeping purposes. Cookies, which are an industry standard used by most Web sites, including those operated by SENTECH, can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. Our Cookies are no programs that can cause damage to a user's systems or files. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as adding your personal favorites. Google, as a third-party vendor, uses cookies to serve ads on freevision play. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

DISCLAIMER OF WARRANTY; AS IS.

WE PROVIDE freevision play "AS IS" AND WITH ALL FAULTS. YOU ARE USING freevision play AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT freevision play IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON freevision play, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT freevision play IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OF ANY NATURE WHATSOEVER REGARDING THE USE OR THE RESULTS OF freevision play IN TERMS OF ITS’ CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATION OF LIABILITY.

WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF freevision play. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "SENTECHGROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE freevision play, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR freevision play IS TO CANCEL YOUR USE OF freevision play.

Termination.

We may cancel or suspend your access to freevision play or your User ID account immediately, without notice, for any reason whatsoever and howsoever arising, including without limitation, if there has been a violation of this or if you have failed to pay any fees for purchases that you make from us. Your right to use freevision play will end once your services are cancelled or terminated, and any data you have stored on freevision play, if any, may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.

Indemnification.

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of freevision play arising out of the contents you submit, e-mail, transmit or make available through freevision play, your violation of these Terms, or your violation of any rights of another user of freevision play. YOU RECOGNIZE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPE OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Under no circumstances will freevision play and/or any of its’ affiliates, if applicable, be liable for any direct, indirect, incidental, special, or consequential damages to computers, devices, or equipment of any kind that result from the use of, or inability to use, freevision play.

International use.

We make no representation that freevision play is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing freevision play from territories where the Content accessed via the freevision play services may be illegal or is prohibited. You are responsible for compliance with local laws when you access and use freevision play.

Injunctive relief.

You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

No support.

We have no obligation to provide support services for freevision play, although we may do so in our sole and exclusive discretion.

Jurisdiction; Venue.

You agree that the laws of the Republic of South Africa, govern this Agreement and any claim or dispute that you may have against us, without regard to conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by the South Gauteng High Court, and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF THE SOUTH GAUTENG HIGH COURT OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF THE SOUTH GAUTENG HIGH COURT LOCATED IN JOHANNESBURG, SOUTH AFRICA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Miscellaneous.

(a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement. (d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

Information About You

We collect several types of information on our Site. We collect “Personal Information”, which generally speaking is information that can be used to identify you individually, such as your name and address. We also collect “Non-personal Information”, which is information about you that does not itself identify you individually. Examples of Non-personal Information include age range and gender. We also collect “Aggregate Information”, which is information about use of our site, such as pages visited on our Site. The information we collect depends on what services you use on our Site.

Customer Service Correspondence

We may collect information that identifies you personally when you submit comments, questions or suggestions to our Customer Service department.

Use of Your Personal and Non-Personal Information

We may use, share, disclose, market, or otherwise dispose of Personal Information we collect in the following circumstances:

Internal Analysis and Promotions

We may use information about you for our own internal statistical, design, operational purposes such as to estimate our audience size; measure aggregate traffic patterns; and understand demographic, customer interest, purchasing and other trends among our customers. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties on a confidential basis. If you have received an email from any members of freevision play., and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.

Co-Branded Service Offerings

We may share this information with certain businesses with whom SENTECH has formed a strategic alliance. You may be able to identify these businesses because SENTECH has authorized them to display co-branded Web pages or links to freevision play. These strategic partners are requested to clearly state their own privacy policies on their own websites or promotional materials.

Third-Party OffersWe may arrange to have marketing and promotional information of other companies sent to you that we think might be of interest to you.

Legal Requirement

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform with the law, respond to claims or comply with legal process served on our company or the Site; (b) protect and defend our rights or property, the Site, our employees, customers or the public.

Company Sales

Information collected through our Site is considered a trade secret of freevision play As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.

Links To Other Sites

Please be aware that we provide links to third-party Web sites as a service to our customers, and that we are not responsible for the content or information collection practices of those pages. Please note that these Web sites’ privacy policies may differ from those of freevision play We encourage you to review and understand their privacy practices before providing them with information.

Children

Our Site is a general audience site that is not designed nor intended to collect Personal Information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any Personal Information on this Site. We ask that parents supervise their children while online.

No Warranty.

The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.