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Home TERMS AND CONDITIONS

TERMS AND CONDITIONS


	Last Revision: 29 September 2010 *Acceptance of Terms and Conditions* These Terms and Conditions (including the Privacy Policy and any other terms and conditions or usage rules incorporated into these Terms and Conditions) constitute the whole agreement between you and movies4africa and supersede any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter. Neither party has any liability to the other for a representation or statement not set out in these Terms and Conditions. *Changes to Terms and Conditions* Movies4africa reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in our sole and absolute discretion. The most current version of these Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" link located at the bottom of all the pages of the movies4africa Website and these supersede all previous versions. Your use of the movies4africa Website or continued use of our service after changes are made means that you agree to be bound by such changes. As such, you should review the Terms and Conditions periodically. *Privacy Policy* Any personally identifying information submitted on the movies4africa Website is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices. *How it Works* These Terms and Conditions are subject to our services as described in How it Works. Please review How it Works and Help Topics section of our Website to understand our practices and conditions within. As used in these Terms and Conditions, "disc" shall indicate item, title, movie or game, as applicable. *High Demand Titles* Movies4africa reserves the right to demand the return of high demand titles if their return is withheld for an excessive period of time, thus denying other customers the opportunity to view these titles. *Payments* We reserve the right to change the fees, charges and payment options in effect, or add new fees, charges and payment options from time to time, but we will give you advance notice of these changes by e-mail. As used in these Terms and Conditions, "billing" shall indicate a charge, fee, debit or payment, as applicable, against your chosen payment method. For current details and instructions select Payment Options. Credit Card Credit Card transactions are managed on our behalf by PayGate (PTY) Ltd., an approved payment gateway for NEDBANK of South Africa. PayGate uses the latest in THAWTE Secure Socket Layer encryption to protect your Credit Card details. Go to www.paygate.co.za to view their security certificate and policy. No Credit Card details are retained on the movies4africa Website. Payment can be made with Visa, MasterCard and Diners Club credit cards. Automatic Billing- Monthly Subscriptions By selecting any movies4africa monthly subscription package, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, and any other charges you may incur in connection with your use of the movies4africa service. Additional charges may include gift subscriptions, new or pre-viewed titles purchased, movies or games you fail to return and replacement cost for damaged discs should such be deemed necessary. The monthly subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you upgrade, downgrade, suspend deliveries or cancel your membership. Click on the account, Browse your Payments History to see the commencement date for your next renewal period. For our Cancel Membership and Refund Policy, see below. Suspend – Monthly Subscriptions By suspending your monthly subscription you are suspending deliveries and deferring the next payment date when deliveries are resumed. Deliveries suspended for less than one (1) week or seven (7) days do not qualify for a deferred payment. Accounts suspended for more than three (3) months will be cancelled. Pay as You Go Credit Card payments, Electronic Funds Transfer (EFT) and Cash on Delivery (COD) constitute a once off payment. Automatic billing does NOT apply. If, and when you choose to purchase more units, the payments process has to be initiated by you. Cancel Membership As used in these Terms and Conditions, "membership" shall indicate account, subscription or package as applicable. The movies4africa membership can be cancelled anytime through the account section of the Website. You are required to make all movies4africa rental discs in your possession available for collection and returned to our warehouse before the cancellation process can be completed. Should you fail to return the movies4africa rental discs within seven (7) days, you will be billed the full replacement amount for each item. *Refund Policy* Refunds are processed once all discs are returned to the warehouse and a request via the account section of the Website has been received. Should you upgrade, downgrade or cancel your package, prior to its expiry date, a pro-rata refund will be provided on the unused portion of your current package. Faulty retail purchases will be replaced or refunded. An electronic refund will take 5-10 days to reflect on your account. Free Units Free units are non refundable. Free units are valid for three (3) weeks from date of allocation. *Electronic Communications* By using the movies4africa service, you consent to receiving electronic communications from movies4africa. These communications will include notices about your account e.g. item(s) returned confirmation, dispatches, reminders and other transactional information, plus information concerning or related to our service, or offerings. These communications are part of your relationship with movies4africa. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. *Disclaimer of Warranties and Limitations on Liability* Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit movies4africa's liability for: fraud; or death or personal injury caused by its negligence; or liability to the extent the same may not be excluded or limited as a matter of law. The movies4africa service, including all movies, games, features, functionalities and contents of this Website, are provided "as is" and on an "as available" basis and movies4africa make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness, currency or content of this Website. Movies4africa assume no liability or responsibility for any errors or omissions in the content of this Website, or any failures, delays, or interruptions in the delivery of discs. Movies4africa disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, movies4africa do not represent or warrant that the information accessible via movies4africa Website is accurate, complete or current. In no event shall movies4africa, it’s directors or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Warranty and Liability You bear the risks associated with your use of the Internet. In particular, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use, and is compatible with, this Website. Movies4africa do not give any warranty that the Website or its servers are free from viruses, worms, cancel bots, Trojan horses or anything else that has contaminating or destructive properties. Movies4africa shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to, use of, or browsing on the Website or your downloading of any content. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and protection of data input and output. Linked Sites In order to increase your enjoyment of this Website, movies4africa may include links to Websites and materials controlled by other individuals andorganisations. Movies4africa will act responsibly in including any such links on this Website, however Movies4africa assume no responsibility for the contents or privacy practices of any other Websites to which this Website has links. Movies4africa shall not be held responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such linked sites. Prohibited use of this Website You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files orprogrammesdesigned to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or movies4africa services or to violate any of the procedures, policies or regulations of networks connected to this Website. You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In some cases, and in order to provide you with a user friendly service, movies4africa will place a 'cookie' (a small text file) on any computer you use to access the movies4africa Website. When you revisit the movies4africa Website, this cookie will enable movies4africa to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. *Material on this Website* Copyright All content included on the movies4africa Website and delivered to subscribers as part of the service, including movies, games, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, data compilations, and software, is the property of movies4africa, or its suppliers, and is protected by South African and international copyright laws. Content may not be reproduced or used without express written permission from movies4africa and movies4africa reserves the right to terminate your membership if movies4africa, in its sole and absolute discretion, believes that you are in violation of this paragraph. Such violations including the copying of movies and games rented to you by us or the copying or other unauthorized use of our proprietary content. Movies4africa does not promote, foster or condone the copying of movies and games or any other infringing activity. Use of Site by Children Some of the content on the movies4africa Website may not be suitable for young children and parents are advised to supervise their children's use of this Website. Extracts All trailers on this Website are subject to copyright as owned by their respective production companies. For the avoidance of doubt you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of the video and audio recordings on the movies4africa Website. Such extracts are provided for information purposes only. *Applicable Law* This Website is controlled by movies4africa. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of South Africa. Disputes arising from or in connection with your use of this Website or your use and/or purchase of movies4africa products or services are subject to the non-exclusive jurisdiction of the South African courts. Each paragraph, clause, term and provision of this agreement shall be considered severable. If, for any reason, any part of this agreement is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final and bindingjudgementissued by any court of competent jurisdiction, it shall not impair the operation of, or have any effect upon such other portions of this agreement as may otherwise remain valid or intelligible, and the remaining provisions of this agreement shall continue to be of full force and effect and bind the parties hereto. The rule of construction, in the event of ambiguity, the contract must be interpreted against the party responsible for the drafting thereof, must not apply in the interpretation of this agreement. Assignment/Transfer By movies4africa You agree that movies4africa may assign any or all of movies4africa rights and/or novate, transfer, sub-contract or delegate any or all of movies4africa obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party. Assignment/Transfer by You Movies4africa memberships, monthly subscriptions or any other packages and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions. No Waiver If movies4africa delay exercising or fail to exercise or enforce any right available to movies4africa under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions. Force Majeure Movies4africa will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of movies4africa products or services, or for any failure or delay by movies4africa to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond movies4africa reasonable control. Third Party Rights Movies4africa may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party. *Consequences of Your breach of these Terms* You acknowledge that should you breach these Terms and Conditions movies4africa may suffer loss and damage (which may or may not arise out of third party claims against movies4africa). This may result in you being responsible under law for reimbursing movies4africa all reasonable costs, losses and expenses (including any lawyers’ fees) incurred by movies4africa or by our affiliates or licensors. Movies4africa reserve the right to terminate your account for any or no reason.

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