TERMS AND CONDITIONS APPLICABLE TO THE CINEMAGIC VIDEO SERVICE PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Provisions that purport to- (a) limit our risk or liability in any way; (b) constitute an assumption of risk or liability by you; (c) impose an obligation on you to indemnify us for any cause; or (d) be an acknowledgement of any fact by you, are recorded.
1. Acceptance of these Terms and Conditions
By utilising the Service you accept and agree to be bound by these terms and conditions, which set out the basis upon which we provide the Service to you.
By accessing or downloading the Content, an agreement between you and Exceptional Rights Pty Ltd incorporating these terms and conditions will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the terms and conditions and/or the Content as we shall from time to time deem necessary.
It is your responsibility to keep up to date with any changes in the terms and conditions.
'Access Period' means the limited time during which certain Content may be viewed by you after you have accessed it from us;
‘Agreement.’ means the agreement concluded between us and you on the terms and conditions contained herein;
'Content' means the videos, owned or controlled by us, as selected in our sole discretion and described on the Website from time to time;
'Device' means the device or devices that you can use to access the Service that have been approved by us in our sole discretion;
‘ECT Act ‘ means the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;
'Once-Off Payment' means a once-off amount (which is set out on the Website) payable in advance, that you agree to pay to us in order to access the Service and view an item of Content;
‘Price.’ means the price payable by you to us for you to access Content on the Service, at the then current rate as appears on the Website from time to time,
'Service' means the video on demand (VOD) streaming service known as “CINEMAGIC” provided by us to you whereby you select which Content you wish to view, then access such Content from us and which is then streamed over the internet directly to your Device;
'Subscription' means the daily, weekly, monthly recurring price (which is set out on the Website) payable in advance that you agree to pay to us in order to access the Service and view any Content during the Access Period until you unsubscribe;
'Territory' means the Republic of South Africa;
'CINEMAGIC' means a trademark and registered URL domain of Exceptional Rights (Pty)Ltd
‘we’ ‘our’ and ‘us.’ means CINEMAGIC;
'Website' means the website located at www.cinemagic.co.za and
‘you’ and ‘your’ means you, the person that pays for or uses (or intends to use) the Service.
Service” means downloadable and streaming mobile entertainment content, such as Video, Ringtones, Games, Graphics, text SMS's & other mobile data through its website, SMS (Short Message Service) services & USSD menus to certain compatible mobile devices. The Service may also include access to products & services of third parties. After proper registration & payment, you will be permitted to download certain products through the service to compatible mobile phones & other compatible devices.
3. Limitations on Use of the Service
3.1 You must be at least 18 years old to use the Service, or, if you are not at least 18, you may use the Service only with the permission of your parent or guardian.
3.2 The Service is available for your private, non-commercial use in the Territory only. You may only access and use the Service via your Device(s) in the Territory. You may not sell or levy any charge for watching the Content or using any part of the Service or show any part of the Content in public to an audience, even if no charge is levied.
3.3 You must not access or use the Service for any improper or unlawful purpose or in any manner which infringes our rights or the use policies of any networks.
3.4 To access and use the Service you must:
3.4.1 Ensure that your Device meets the minimum hardware, systems and software requirements, as set out on the Website and updated by us from time to time.
3.4.2 Ensure that you have access to either a suitable mobile or fixed broadband internet connection, as set out on the Website and updated by us from time to time.
3.5 You may not download Content to your Device or transfer it to another Device.
3.6 The number of Devices on which you may access and use the Service and view the Content shall be limited, as determined by us in our sole discretion from time to time.
3.7 You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the Content.
3.8 Content owners may use a content access technology system to protect their intellectual property, including copyright content. If the PlayReady technology fails to protect the content, content owners may require the service to restrict or prevent the delivery of protected content to specified devices or PC software applications. In certain cases, you may be required to upgrade the technology to continue to access the service's content. If you decline such an upgrade, you will not be able to access content that requires the upgrade.
3.9. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable for damages, costs and expenses incurred by Exceptional Rights as a result of your breach of this Agreement.
3.10. You are responsible for ensuring that no unauthorised access is obtained to the Content through your mobile phone. You will be entirely liable for all activities conducted through your mobile phone whether authorised by you or not.
3.11. Nothing in this Agreement affects your statutory rights as a consumer.
3.12 You agree where the content relates to medical tips or general advice it does not constitute diagnosis or the views of the service provider and you indemnify Exceptional Rights against any loss that you may suffer relating to such content.
3.13. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by Exceptional Rights or has been licensed to Exceptional rights by the rights owner(s).
3.14 All copies of Content remain the property either of Exceptional Rights Pty Ltd or the rights owner(s) from which the Content has been licensed.
4. Registration on the Website
4.1 In order to access the Service you will be required to register on the Website.
4.2 When you register for the Service on the Website you will be requested to choose a username and password.
4.3 You are responsible for keeping your username and password confidential and you must take the necessary precautions to prevent them from being disclosed to anyone else.
4.4 If you have any reason to believe that the confidentiality of your username or password has been compromised, you must immediately inform us and change them by sending a request to firstname.lastname@example.org
4.5 If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service until you have changed the username or password.
5. Prices, Payment and Access Period
5.1 All of our Prices in relation to the Service are set out on the Website and may change from time to time.
5.2 You must pay the applicable Price to us.
5.3 Subject to clause 7.1 below, once you have paid the Price you will not be entitled to a refund in respect of any Content, even if you did not view the Content or you only partially viewed the Content by the time your Access Period expires.
5.4 Prices do not include the charges by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection that is required to use the Service, which is for your account.
5.5 You must view the Content prior to the end of the relevant Access Period. The Access Period will not be extended if you stop or pause the Content.
5.6 Once the Access Period has expired the Content will be automatically deleted from your Device(s) or not accessible for you to view.
6. Broadband Requirements
6.1 The Service is provided to you via a mobile or fixed broadband internet connection. We will not be held liable if the Service is suspended, interrupted or not available to you due to broadband internet connection interruptions, slow connections or congestion.
6.2 You will be responsible for any charges, costs and/or fees levied by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection necessary to access the Service.
6.3 It is your responsibility to check the data tariff applicable to you and make sure that you are familiar with the charges, costs and/or fees levied by your mobile network operator and/or internet service provider for such data.
7. Cancellation of the Service by You
7.1 You can cancel your subscription at any time by emailing email@example.com or submit cancellation via the website via your profile or dialling *155# on your device and selecting the appropriate unsubscription options.
8. Cancellation, Suspension or Restriction of the Service by Us
8.1 We can cancel this Agreement at any time and for any reason. Except as otherwise specified in clause 8.4 below, if we cancel this Agreement and:
8.2 you pay a Subscription to use the Service, you will have access to the part of the Service to which the Subscription relates for the remainder of your current Subscription Period,
8.3 Some of the Content we provide is supplied by third parties. The availability of such Content is outside our control and we may be unable to make certain Content available via the Service or we may be unable to show Content on certain Devices. We shall use our reasonable efforts to notify you in advance (via the Website or otherwise) about the unavailability of certain programmes and Device restrictions.
8.4 We may immediately suspend or restrict your use of all or any part of the Service:
8.4.1. if your payments are outstanding;
8.4.2. if you breach this Agreement;
8.4.3. for technical or operational reasons;
8.4.4. if we consider that you have committed or may be committing any fraudulent activity against us or against any other person through your use of the Service; or
9. Limitation of Liability and Disclaimer of Warranties
9.1. To the fullest extent permitted in law, you understand, acknowledge and agree that the use of the Services is at your sole discretion and risk. We shall not be liable for any direct, indirect or consequential damages suffered by you, whether arising from the Services or otherwise.
9.2. Without derogating from the generality of clause 9.2 above and to the fullest extent permitted by law, we will not be liable under this agreement for:
9.3.1. any use of the Service that we do not authorise;
9.3.2. varying, suspending, restricting or ending the Service in accordance with clause 8 and/or 12;
9.3.3. any delay or failure by us to provide the Service (or any part of it) caused by events outside our reasonable control including, but not limited to, slow internet connectivity, internet congestion, weather conditions, civil disorder, terrorist activity, war and government action.
9.3.4. any loss or damage caused by us or any of our respective officers, employers or agents in circumstances where:
→ there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or
→ such loss or damage is not a reasonably foreseeable result of any such breach.
9.3.5. any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of this Agreement.
9.3.6. any loss or damage caused by any:
→ errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us; or
→ incompatibility of the Service with any other software, hardware or material on your device.
9.6 To the fullest extent permitted by law, the Service and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Service are provided by us on an "as is" and "as available" basis, unless otherwise specified in writing.
9.7 To the fullest extent permitted by law we make no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Service, unless otherwise specified in writing. You expressly agree that your use of the Service is at your sole risk.
9.8 To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Service, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, our servers or electronic communications sent from us are free of viruses or other harmful components.
10. Limitation on Use of Our Systems
10.1 You may in certain circumstances be required to download software on to your Device(s). In relation to any software or applications which we provide to you for purposes of accessing the Service, you may not
10.1.1. copy or reproduce these systems;
10.1.2. distribute, sub-licence, rent, sell or otherwise transfer them to any third party;
10.1.3. circumvent or disable any technology features or measures in the systems;
10.1.4. modify, disassemble, hack, tamper with, decompile or reverse engineer these systems; or
10.1.5. cause these systems or any aspects thereof to be interrupted or damaged.
11. Privacy and Consent to Determine Your Location, Monitor Your Content Preferences and Communicate with You
11.2 You hereby grant your consent for us to send communications to you (electronic or otherwise) for purposes of marketing and promoting the Service and related products and services to you.
12. Variation of these Terms and Conditions
We may at any time modify these terms and conditions. You can review the most current version by clicking on the link located at the bottom of the Website. The most current version will supersede all previous versions. By continuing to use the Service after changes are made, you agree to be bound by such changes
13. Information under the ECT Act
The information which is required to be disclosed under the terms of the ECT Act appears on the Website.
Any complaints that you may have in regard to any aspects of the Service may be lodged at our customer care number, +27 (0) 11 728 4441, email firstname.lastname@example.org or at the National Consumer Commission telephone number 0860 266 786. Kindly submit all complaints to us first, in order to afford us an opportunity to resolve the complaint, before you proceed to any relevant authority.
15.1 We can transfer our rights and obligations under this Agreement to any third party, provided it does not affect your rights under this Agreement. You may not transfer your right or obligations under this Agreement to anyone else.
15.2 If all or any part of any term of this Agreement is found to be unfair or unenforceable, such part will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
15.3 Any relaxation or indulgence which we may show to you at any time in regard to this Agreement is without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of this Agreement or by operation of law.
15.4 This Agreement is governed by and will be interpreted, implemented and enforced in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa in respect of all proceedings arising out of or in connection with this Agreement
Note: email@example.com and call centre +27 (0) 11 728 4441 is operational 08h00 – 17h00 Monday to Thursday and 08h00 – 15.00 Friday. Every effort will be made to provide support after hours and weekends
CineMagic. All rights reserved.
CineMagic. Little Movies. Big Entertainment.
Your Daily Dose of Entertainment.
Affordable and easy-to-access online streaming entertainment.
Subscribe to CineMagic for only R5 a day and get unlimited access to
CineMagic online library.
This service will be billed at R5.00/Day. SMS STOP to 47943 or dial *155# to quit. For HELP email firstname.lastname@example.org. By downloading from this service, you may be sent occasional related promotions. To end promotional marketing, sms OPT-OUT. You must have the account payer’s permission to use this service. Service provided by Exceptional Rights.
Cinemagic Promotional Competition Terms and Conditions
The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Exceptional Rights (Proprietary) Limited (“ER”) referred to as the (“Promoter”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoter and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and the Promoter may also have claims and other rights against you.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.
Please read these terms and conditions carefully. Participation in this offering will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this offering. It is your obligation to review these Terms and Conditions regularly.
SECTION 49 CONSUMER PROTECTION ACT NO 68 OF 2008 NOTICE
Cinemagic Promotional Competition (the "Promotion "). This Promotion is organised by Exceptional Rights (Proprietary) Limited (“ER”) referred to as the ("Promoter"). The Promotion provides customers the opportunity to participate in a draw of which customers can win a prize as detailed in these Terms and Conditions.
The Promotion commences at 00:00 on 01 June 2020 and will continue until 23:59 on 26 May 2021 (the "Promotion Period").
Who May Enter
To be eligible to participate, the entrant must:
be a natural person; and
be 18 (eighteen) years old or older.
Participation in this Promotion excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoter/s or marketing service providers of this Promotion, (and the spouses, life partners, immediate family members or business partners of the people or entities listed above). This means:
supplier/s of goods and or services in terms of this Promotion; and
promotional partners, printers, advertising and promotional agencies, professional advisors and point of sale staff employed by or contracted to, or providing goods or services of any kind, to all the people or entities listed above during the Promotion Period.
How to Enter
During the Promotion Period, the entrants that meet all of the criteria referred to in clause 3 above must do the following in order to participate:
Subscribe to the Cinemagic Service
In order to subscribe", the user must send a free of charge SMS to 47943 or subscribe via USSD on *686*7161#
The customer will be liable for the following costs for subscription to the service:
R5 per day
Customers accept that by subscribing to Cinemagic, their mobile number will be shared with the promotional partner upon subscribing and with the mobisites, that provide the subscription services, upon the Customer's' access to the mobisites.
Once the qualifying entrant has fulfilled the requirements of clauses 3 and 4.1 above, he or she will be automatically entered into the lucky draw as follows:
Participants must successfully subscribe to the Cinemagic service during the period in clause 2 to enter the draw.
Participants do not need to be active on the day of the draw to enter the draw.
Please note: entry by intelligent devices (e.g. modems, telemetry devices and the like) or machines shall not be permitted for entry and will not be eligible for Prizes.
The lucky draws shall take place after the promotional period on 01 June 2021
Winners will be notified telephonically by the Promoter and/or its authorized agents on or as soon as possible after each of the draws respectively.
Entrant’s acknowledge and accept that the Promoter shall utilise a third party (the Promoter’s authorized agent/s) to contact the entrant, in the event that the entrant is a winner, and arrange delivery of the Prize. In order to effect the contacting and delivery process, the Promoter shall provide the entrant’s information to such third party.
Customers may opt out of the services by SMSing STOP to 47943 or dialing *155#
On opting out, the service will be cancelled immediately.
Entrants that fulfil the requirements stated in clause 3 and 4 above, stand a chance to win: R50 000 (referred to as the "Prize").
Prize shall be delivered to the winner after the end of the Promotion Period at a time and place to be agreed upon between the Promoter and the winner.
The Promoter, its respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of an entrant’s participation in the Promotion or the entrant’s redemption of any Prize in terms of this Promotion, or from any amendments to Prize details and/or the terms and conditions of this Promotion. All entrants (including the winners) hereby expressly indemnify the Promoter in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
In so far as it is necessary, required by law or beyond the reasonable control of the Promoter/s, the Promoter/s reserves the right to vary the nature of the Promotion, the Prize, or these terms and conditions upon notice in this regard being published on www.cinemagic.co.za or in another appropriate medium. In the event that the Prize is limited or varied in this manner, the Promoter/s shall replace the Prize with a prize of a similar economic value.
With regard to clause 6.2 above, any amended terms and conditions published in any media, or on the website www.cinemagic.co.za will form part of the terms and conditions of the Promotion, to which terms the entrants agree to be bound.
Winners shall be contacted via telephone and/or email in terms of the contact details supplied by the winner when entering the Competition. Please note that winners shall not be notified by way of SMS. The Promoter/s shall attempt to contact the winner for a period of 10 days after his or her name is drawn as a winner. In the event that the winner is either unreachable (during the time frames stipulated in this clause 6.4) or in the event that the winner rejects, or declines acceptance of the Prize, the Prize shall be subject to a new draw. Further, should contact have been made by the Promoter with the winner after they have won a Prize and the winner is thereafter uncontactable for the purposes of delivery of the prize. The Promoter/s shall attempt to contact the winner for a period of 1 (one) week and if the winner is uncontactable, the Prize will be subject to a new draw.
The Prize is not transferable and is not exchangeable for another prize.
The decision of the Promoter in respect of disputes arising out of this Promotion shall be dealt with by the Promoter in terms of these terms and conditions. The decision of the Promoter in this regard shall be final.
Winners are only entitled to win 1 (one) Prize each
The Promoter/s reserve the right to withhold the Prize until it is entirely satisfied that the claimant of the Prize is the bona fide winner, and reserves the right to call for such proof as it may deem necessary.
The Promoter/s (including their authorized representatives) reserve the right to investigate any suspected fraudulent, abusive or suspicious behaviour, users and/or accounts, in its sole and absolute discretion, whether during the Promotion Period, at the point of the Prize draws or after the winners have been drawn. The Promoter/s reserve the right, in its sole and absolute discretion, to disqualify such entrants from the Promotion, without notice to the entrant.
The Promoter/s shall request that winners consent in writing to their name, image and likeness being used and published by the Promoter/s in connection with this Promotion for a period of 12 (twelve) months after they are announced as winners. Winners may decline the use of their name, likeness and image by the Promoter/s.
By participating in this Promotion entrants signify their consent to be bound by the terms and conditions contained herein.
By participating in this Promotion all entrants give their consent to receive various marketing and promotional material from the Promoter/s. Entrants will be provided with an opportunity to "Opt Out" of receiving such communications, which may be via the relevant medium that such marketing communication was received.
Winners agree that it is an express condition of the Promotion that in order to be eligible to redeem the Prize, the winner shall be required to sign the appropriate acknowledgement of receipt of the Prize, as well as an indemnity and/or waiver of liability as reflected in these terms.