Terms of Use
Contents
1. against any claim by a third party in respect of a breach by you of clause 39 and or 40 You acknowledge that a breach by you of clauses 39 and or 40 may constitute criminal activity and could result in considerable prejudice and damage to us and or our licensors and or channel suppliers You agree that we may from time to time and on reasonable notice delay or interrupt the distribution or reception of the Service or any aspect thereof if this is reasonably necessary for any purpose related to our business including in order to support the provision operation maintenance and security of the Service or any aspect thereof Equipment 46 47 48 49 You acknowledge that certain components of the Service may only be available 46 1 in conjunction with certain Equipment or certain other components of the Service 46 2 for use by persons or types of persons in places or types of places and or specific circumstances and or 46 3 subject to specific additional terms and conditions You may only access the Service by using an Approved Decoder and in accordance with the applicable User Manual You acknowledge that the functioning of the Equipment flows from the combination and interaction of software embedded in the Equipment and the software based at GOtv Uganda Limited Before you can use the Equipment you must either request access to the Service or register to view the Free Tier We make no warranties or representat2. Request by activating your access to the Service Subject to the breach provisions in these Terms and Conditions the Agreement is binding on you and us unless and until 6 1 we notify you in any manner whether telephonically electronically in writing or in person that we are terminating this Agreement with effect from a specified future date which we may do at any time 6 2 subject to clause 8 the Subscription Period for which you have paid and we have received full and valid payment of your Fees in terms of the Agreement expires and you have not renewed your subscription for a subsequent period by paying your Fees on or before the Due Date and your subscription to the Service is disabled by us or 6 3 in respect of the Free Tier other than channels provided by the national broadcaster after payment of the Administration Fee you have not paid your Service Fee on or before the Due Date and your access to the Free Tier is disabled by us or 6 4 you notify us in any manner whether telephonically electronically in writing or in person that you are terminating this Agreement with effect from 10 11 Fees 12 13 14 15 16 17 a specified future date which you may do at any time subject to clauses 7 9 and 10 Once your subscription has been activated it will continue to run for the duration of the Subscription Period for which you have paid regardless of whether you access or use the Service or ar
3. the Service ending when the period for which you have paid and we have received full and valid payment of your Fees has expired System Rights means the copyright and other Intellectual Property rights in the Equipment and in the Service including the software incorporated therein Terms and Conditions means the terms and conditions set out in this document as amended from time to time such terms and conditions being freely available to you on the Website or on request to us at any time Territory means the Republic of Uganda User Manual is the standard operating instructions for your Approved Decoder a copy of which is provided with your Approved Decoder and is also available on the Website VAT means Value Added Tax or any similar consumption based tax which we or our agents may be obliged to levy and or collect viewing device means a devise which is compatible with the Approved Decoder which when used in conjunction with an Approved Decoder displays the audiovisual material comprising the Service including certain laptops personal computers tablets and smartphones we or us means GOtv Uganda Limited a company registered in the Territory with registration number 95175 and any other person including any legal person to which that company may transfer its rights obligations and interest in terms of this Agreement Website means http Awww gotvafrica com or such other website which we use from t
4. we waive our right to demand and or receive payment in terms of clause 23 we may at any time withdraw in whole or in part that waiver and exercise our right to demand and receive payment of your Fees in terms of these Terms and Conditions provided that 24 1 we will give you reasonable notice that we intend to demand payment in the future and 24 2 we will require payment only from the date specified in the abovementioned notice which date will be a reasonable time after the date of the notice If we withdraw a waiver in terms of clauses 23 and 24 you must pay and we must receive your Fees on or before the next Due Date Reception of Free Tier 26 27 You may register to view the Free Tier in which case the provisions in clauses 27 to 30 will apply If you wish to view the Free Tier you must 28 29 30 Your 31 32 27 1 contact us and request us to enable you to receive the Free Tier 27 2 follow the simple registration process determined by us for this purpose 27 3 pay us a once off Administration Fee determined by us from time to time and 27 4 if applicable a Service Fee determined by us from time to time You acknowledge that the Free to Air channels are provided by third party service providers The number nature composition and the content of Free to Air channels are beyond our control We are therefore not responsible or liable for 28 1 any delay interruption defect or failure i
5. you have made and we have received payment in full in terms of clause 13 We will not be liable to you or any other person if access to the Service is delayed or cancelled for any reason beyond our control If we do not receive payment of your Fees as contemplated in clause 13 the Agreement will automatically terminate and your access to the Service will be disabled without further notice to you You may register to view the Free Tier in which case the provisions in clauses 27 to 30 will apply If your access to the Service is suspended or terminated for whatever reason and whether by you or by us and you wish to reactivate your access to the Service we may charge a Reactivation Fee and in that event we will not reactivate your access to the Service until we have received your payment of the requisite Reactivation Fee and your Fees You may not deduct from or set off against your Fees any amount whatsoever which you claim from us or which we owe you 18 19 20 21 22 23 24 25 The fees payable in terms of these Terms and Conditions are ascertainable on the Website We may from time to time review and amend the fees payable to us in respect of the Service or any aspect thereof by way of a General Amendment We will notify you of such amendment as soon as practicable prior to implementing it We may alter the Payment Instruction under which you pay your Fees to us if any if the amounts payable by you to us sh
6. TERMS AND CONDITIONS GOVERNING SUBSCRIPTION TO THE GOTV SERVICE BY INDIVIDUALS FOR THEIR PRIVATE USE Interpretation 1 In these Terms and Conditions the following terms will have the following meanings 1 1 Administration Fee means the once off non refundable fee as advertised from time to time to convert the Approved Decoder to a decoder that only receives the Free Tier 1 2 Agreement means the agreement concluded between you and GOtv Uganda Limited when we accept your Request which agreement is governed exclusively by these Terms and Conditions as amended from time to time 1 3 Approved Decoder means a decoder or device approved by us for receipt of the Service 1 4 Bouquet means a package of audiovisual audio and or data channels provided by us 1 5 Content Rights means the copyright and other Intellectual Property rights to the audiovisual audio and or data materials provided by us 1 6 Coverage Area means the geographic area in the Territory in which the Service or a component of the Service is provided which is set out on the Website 1 7 Due Date means the date by when we must receive payment of your Fees in terms of these Terms and Conditions being 1 7 1 in the case of a New Subscription the day on which you wish us to activate your subscription to the Service 1 7 2 the last day of the Subscription Period and 1 7 3 if applicable the Service Fee 1 8 Equipment means the subscriber e
7. a grant or waiver of any of our rights resulting from the unauthorised use of the Service 13 Communications with us 64 65 You may authorise any other person to communicate with us on your behalf in relation to the Agreement provided that such person complies with our standard security check You agree to be bound by all requests and undertakings made by third parties on your behalf in terms of this clause It is your responsibility to ensure that your personal information relevant to our standard security checks is not disclosed to third parties whom you have not authorised to represent you Communications with you 66 67 Subject to any applicable laws we may communicate with you amongst other methods by means of post e mail on air communications or by way of text or other messages to your phone PC laptop viewing device or to your decoder for display on your television screen We may use such messages amongst other things to 67 1 market or promote our services and or those of our channel suppliers affiliates and or clients subject to your right to restrict unwanted direct marketing 67 2 inform you about the Service and operational systems and changes to these 67 3 provide you with information which we believe may be of particular interest or relevance to you 67 4 advise you of the status of your account and any amounts owing by you to us 67 5 remind you of forthcoming Due Dates 67 6 inform
8. as amended by you from time to time Either party may at any time by written notice to the other party vary its domicile address in terms of clause 88 to any address within the Territory A notice actually received by a party will be adequate notice to that party notwithstanding that it was not delivered to that party s domicile address in terms of clause 88 17
9. attorney and own client costs tracing agent s fees and collection charges which we may incur in taking any steps pursuant to your breach and 76 4 you must pay us any loss or damages incurred by us directly or indirectly as a result of your breach 77 If we have suspended your subscription to the Service and you 77 1 remedy your breach 77 2 comply with these Terms and Conditions and 77 3 pay us all amounts due to us in terms of these Terms and Conditions and the Reactivation Fee then we may reactivate your subscription to the Service 78 If we terminate this Agreement you may submit a Request with a view to us concluding a new Agreement with you General 79 These Terms and Conditions as amended from time to time 79 1 constitute the sole and complete record of the Agreement between you and us in respect of your access to the Service and 79 2 supersede any previous agreement between you and us or between you and any other company in terms of which you were authorised to have access to the Service 80 Neither you nor we are bound by any express or implied representation warranty undertaking promise or the like not recorded in these Terms and Conditions 81 Any relaxation or indulgence which we may show you at any time in regard to these Terms and Conditions is without prejudice to and does not constitute a waiver of any rights we may have either in terms of these Terms and Conditions or any law 82 If any provision of
10. by third parties or if and to the extent that we are required to do so to comply with any applicable law including the requirements of statutory authorities and 32 4 retain your personal information referred to in this clause for as long as we are required to do so in terms of any applicable laws for evidentiary purposes or in order to exercise or protect any of our rights under the Agreement 33 Itis your responsibility to proactively ensure that the information which you provide to us is complete accurate and up to date Our obligations 34 In consideration for the fees paid by you and subject to you complying with these Terms and Conditions we will provide you with access to the Service in accordance with the Agreement 35 Subject to your compliance with the Agreement your access to the Service will continue until suspended by us or terminated by either you or us in terms of the provisions of these Terms and Conditions 36 Subject to any applicable laws the terms of the Manufacturer s warranties and or the decoder care plan if applicable we have no obligation 36 1 to ensure that the Equipment is installed correctly 37 36 2 to ensure that the Equipment is or remains functional or error free and enables you to access the Service or 36 3 to maintain any component or aspect of the Equipment 37 1 We will subject to any applicable laws attempt to inform you of any content made available by us which may be s
11. e We may disable the Approved Decoder and or Smartcard used by you whether temporarily or permanently if 53 1 it is damaged lost or stolen 53 2 any unauthorised person uses the Equipment to access the Service 53 3 you breach any of the provisions of the Agreement 53 4 the Subscription Period has expired and we have not received payment of your Fees for the following Subscription Period 53 5 it is necessary to protect the integrity of the conditional access system used for the Service or 53 6 it is otherwise reasonable to do so You will only be able to use the Equipment to access the Service in the Coverage Area The strength of the broadcasting signal may vary in different parts of the Coverage Area as a result of which you might be required to acquire at your own cost additional Equipment such as a different aerial in order to access the service either optimally or at all We cannot guarantee that you will be able to access and use the Service or any aspect thereof either optimally or at all if you do not act in accordance with clauses 47 50 51 and or 54 11 Limitation of liability and indemnities 56 57 We and the Service Provider are not liable to any person for the content on and or the use of materials constituting the Service whether provided by us or a third party and you agree that 56 1 56 2 56 3 56 4 56 5 the Service may contain images and or content that may be re
12. e in the Coverage Area Unless a party terminates the Agreement in terms of these Terms and Conditions we may automatically renew your subscription to the Service at the end of the Subscription Period and such renewal will be governed by these Terms and Conditions at the date of renewal and as amended from time to time You will however be notified that your subscription is about to expire and will be renewed unless you notify us and or the Service Provider otherwise Each time your subscription is renewed for a subsequent Subscription Period such renewal is in terms of these Terms and Conditions as at the date of renewal and as amended from time to time If you terminate this Agreement in terms of clause 6 3 such termination will take effect from the last day of the Subscription Period in which the termination notice is received The termination of this Agreement will not affect 11 1 our rights or remedies or yours for the period prior to termination as the case may be or 11 2 those rights and obligations which this Agreement intends either expressly or by implication will survive beyond termination The Service is provided on a pre paid basis In order for you to have continued access to the Service you must make and we must receive payment of your Fees in advance for the forthcoming Subscription Period on or before the Due Date We will activate your access to the Service only once and as soon as practicable after
13. esult of technological development and innovation obsolescent over time your Equipment may become outdated over time 69 3 disable the Service if we have reason to believe or if we suspect that your age is below the prescribed age restriction or that the Service is being made accessible to persons who are below the prescribed age restrictions and or 69 4 disable or remotely alter your access to the Service to prevent you from copying certain content programmes or channels or otherwise infringing our our affiliates or a third party s rights or interests if we become obliged to do so or if we deem it necessary to do so You will have no rights interests or expectations to any increases or decreases in the fees payable by you if we make any amendment to the Service in terms of clauses 68 to 69 or any other provision of this Agreement Subject to clause 72 you may not replace remove or vary your subscription to the Service or any aspect thereof during the course of a Subscription Period in respect of which you have already requested access and paid the requisite fees If you request us during a Subscription Period to replace remove or vary any aspect of your subscription and we accept your request such change will take effect only at the end of that Subscription Period If you request and we agree to activate any additional aspects of the Service on a date before the next Due Date then you must pay on a pro rata basis the requ
14. garded as unsuitable or offensive by some viewers we mainly acquire complete channels from channel suppliers and package them into Bouquets and as such we have no influence over and are unable to alter the content of the channels the content of the Service including the number nature composition and content of channels and Bouquets may from time to time vary the channels on each Bouquet may vary from time to time and that the content of each individual channel may from time to time vary and the programming on the Service may differ from that set out in our hard copy and or electronic programme guides Subject to any applicable laws and the terms of the warranty we are in the absence of our gross negligence or willful misconduct not liable 57 1 57 2 57 3 57 4 for any loss or damage suffered by you or any other third party which arises out of 57 1 1 any act or omission of ours or our employees or agents subject to the provisions of clause 57 3 57 1 2 any act or omission of our consultants subcontractors or affiliated companies 57 1 3 the exercise by us of any of our rights in terms of these Terms and Conditions or 57 1 4 any breach by you of your obligations under these Terms and Conditions and you specifically indemnify us and the Indemnified Parties against any claim by you or any third party arising out of such breach for any delay or failure by us to provide the Service or any aspec
15. ime to time you or your refers to a person who has requested or who has authorised another person to request on his behalf access to the Service on these Terms and Conditions your Request means your request for access to the Service on these Terms and Conditions which request may have been made 1 34 1 by way of text or Unstructured Supplementary Service Data message from your mobile phone to the number determined by US 1 34 2 if applicable via your Approved Decoder or 1 34 3 in any other manner authorised by us from time to time Any reference in these Terms and Conditions to 2 1 the singular includes the plural and vice versa and 2 2 one gender includes the other gender Request for the Service 3 You may request access to the Service for a minimum period of one or more Subscription Periods as determined by us from time to time We do not provide subscribers with 4 1 access to stand alone programmes other than the Free Tier and or the Box Office Service if applicable channels features facilities or applications or 4 2 the option to subscribe for a portion of the Subscription Period although we reserve the right to do so Place of Agreement commencement and duration 5 The Agreement is deemed to be concluded at our principal place of business in the Territory and commences on the date on which we after receiving full and valid payment of your Fees in terms of the Agreement accept your
16. ions expressed or implied that the Equipment is capable or in the future will be capable of receiving any services other than in accordance with this clause You must comply with all lawful directives given by us relating to your access to the Service and or use of the Equipment 10 50 51 52 53 54 55 You may not tamper with use or attempt to use the Equipment to access the Service in any manner or for any purpose not authorised by us You undertake 51 1 to comply with the User Manual and any warnings and instructions included with the Equipment when you install and use the Equipment 51 2 not to alter the Equipment in any way 51 3 to keep the Smartcard if any in the Approved Decoder and 51 4 to keep your decoder connected at least in standby mode when not in use to the main power supply and to the reception equipment to enable the functionality of the software updating of the software in the decoder and in order to ensure that your continued access to the Service is not negatively affected You acknowledge that in standby mode certain Approved Decoders generate heat and that you will position your decoder with this factor in mind If your Smartcard is damaged lost or stolen 52 1 you must inform us thereof within 48 hours of your becoming aware thereof and 52 2 we or one of our duly authorised representatives will replace the Smartcard subject to the payment by you of a standard replacement fe
17. ire you to pay the Administration Fee and or Service Fee for Fee to View Channels General Amendment means an amendment of these Terms and Conditions by us from time to time on notice to you Intellectual Property means any and all rights title and interest in intellectual property whether registered or not including past and future copyright related rights patents utility models trademarks trade names service marks designs databases graphics icons semi conductor topography know how trade secrets and inventions whether patentable or not goodwill and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property which are owned licensed to used and or held whether or not currently by us our affiliated companies or our content and channel suppliers Manufacturer means the manufacturer of the Equipment New Subscription means a request for access to the Service by a person who does not have an active subscription to the Service at the time of making the request regardless of whether or not that person has previously subscribed to the Service Payment Instruction means the instruction by you to pay your Fees by way of a debit order or other similar electronic automated payment method Reactivation Fee means the fee that may be payable by you following suspension or termination of your access to the Service for react
18. isite fees for the period from the date on which your subscription to the additional aspects of the Service is activated until the Due Date We will activate your subscription to the additional aspects of the Service only once and as soon as practicable after you have made and we have received the payment as calculated by us in full Amendment of Agreement 73 74 You agree to be bound by a General Amendment from the date specified in the General Amendment notice which date will be a reasonable time after the date of the General Amendment notice No amendment requested by you will be valid or effective unless either captured in a General Amendment or recorded in writing and signed by you and by us Breach of Agreement 75 Your failure to comply with these Terms and Conditions constitutes a material breach of the Agreement 15 76 Ifyou breach this Agreement 76 1 we may without prejudice to any other remedy that we may have immediately and without notice to you disable your subscription and or terminate this Agreement depending on the severity of such breach 76 2 we may without prejudice to any other remedy that we may have elect to keep this Agreement in force but at the same time and for as long as such breach continues to suspend your access to the Service or any component thereof If and when we reinstate access to the Service you must pay the Reactivation Fee 76 3 you must pay us all legal costs including
19. ivation of such access by us the amount of such fee being ascertainable from the Website or on request to us at any time Related Products means the various systems which we may use or deem necessary for or associated with the provision of the Service and the facilities used by us for or ancillary to the Service including but not limited to technical services the content security management system the software operating system software applications and subscriber management services and business systems the Service means 1 20 1 one or more of the Bouquets selected by you and the associated services features facilities and applications and 1 20 2 any additional functionalities selected by you 1 21 1 22 1 23 1 24 1 25 1 26 1 27 1 28 1 29 1 30 1 31 1 32 1 33 1 34 provided by us Service Fee the annual amount as advertised by us from time to time payable to us for management of the Free Tier Service Provider means any person including a juristic person whom we may authorise to perform any of our obligations in these Terms and Conditions on our behalf Smartcard means a smartcard required if applicable for use in an Approved Decoder in order for you to access the Service Subscription Period means a period determined by us from time to time during which your subscription to the Service will be active commencing on the date on which we authorise your access to
20. n the distribution or reception of Free to Air channels or any aspect thereof within or outside the Coverage Area regardless of the nature duration or cause thereof and without prejudice to any other provision of these Terms and Conditions or 28 2 subject to the terms of the Manufacturers warranties any defect in or failure or malfunction of any features facilities or applications in the Equipment regardless of the nature or cause thereof The number nature composition and the content of the Free to View channels are determined by us and may vary from time to time We may replace remove or otherwise amend or restrict the availability of any Free to View channel or any aspect thereof You will have no rights interests or expectations of continued access to Free to View channels These Terms and Conditions read with any changes required by the context apply equally in respect of access to the Free to View channels and the use of the Equipment to receive Free Tier channels personal information Subject to these Terms and Conditions and any applicable laws and in addition to any other information which you must give us in terms of these Terms and Conditions you must 31 1 provide us with your personal information which we require in order to activate and administer your access to the Service and 31 2 inform us in writing within seven business days of any change to any of the information provided by you in relation to the Ag
21. or 40 1 access any component of the Service other than those component to which you are authorised to access 40 2 use the Service or any component thereof for any commercial purpose 40 3 exhibit or provide the Service to the public whether or not admission fees are charged 40 4 charge any person a fee to access any component of the Service 40 5 copy any of the audiovisual audio and or data material in the Service 41 42 43 44 45 40 6 hire out sell redistribute relay retransmit or rebroadcast any of the audiovisual audio and or data material of the Service 40 7 hack reverse engineer or otherwise compromise the security of the conditional access system operating software or encryption software used in the Smartcard and any Approved Decoder used to receive the Service 40 8 permit facilitate or condone any other person doing any of the prohibited activities in this clause whether using your Equipment or otherwise If you sell or otherwise transfer the Equipment you must advise us in writing within seven days thereafter of the identity and contact details of the transferee You indemnify us against any claim by the transferee in relation to your sale or transfer of the Equipment including any claim against you by reason of the non functionality of the Equipment You indemnify us and our affiliated companies and their directors officers employees agents and representatives Indemnified Parties
22. ould change for any reason We may advise you of 21 1 any additional components of the Service which become available the conditions applicable thereto and the charges therefore if any and which if you request to receive this additional component you will be obliged to pay the additional charge if any and 21 2 any component of the Service for which you must pay an additional charge if you wish to continue receiving it and for which if you request to continue to receive this component you will be obliged to pay the additional charge We may use payment systems owned and operated by third parties Payment System Providers to facilitate the collection of fees and other amounts payable by you for the Service We will not be liable to you or any third party for any loss or damage which you may incur as a result of any error system downtime or delay experienced by such Payment System Provider or for any other reason beyond our reasonable control We may waive our right to demand and or receive payment of the whole or part of your Fees for any component of the Service Subscription Periods and or persons or categories of persons taking into account any factors determined by us If we waive any of our rights in terms of this clause such waiver will be without prejudice to any other rights interests or expectations that we may have and you will have no right or expectation that we will waive our rights again in the future If
23. quipment required in order to receive access and use the Service including the Approved Decoder embedded Smartcard if applicable aerial and cabling if applicable 1 9 your Fees means the fees payable by you in respect of your access to the Service including subscription fees the Administration Fee Service Fees and fees for optional extras as well as any VAT and other taxes duties levies or charges thereon that may be levied by any government authority directly or indirectly in relation to the Service which fees are payable to us directly or through one of our authorised representatives in any manner authorised by us from time to time 1 10 Free Tier means the Free to Air Channels and Free to View Channels currently branded the GOtv Open Bouquet 1 20 Free to Air Channels means unencrypted television broadcast channels which are transmitted by third party broadcasting service providers and do not require you to pay subscription fees in order for you to view them Notwithstanding the aforesaid we reserve the right to require you to pay the Administration Fee and or Service Fee for the Free to Air Channels other than for channels made available by the national broadcaster Free to View Channels means encrypted television broadcasting channels which are transmitted by us and which do not require you to pay subscription fees in order for you to view them Notwithstanding the aforesaid we reserve the right to requ
24. reement You authorise us to 32 1 obtain where applicable by retrieval from your Approved Decoder capture store analyse and use for our marketing purposes your viewing habits and profile 32 2 use information that we may hold in relation to you for the purposes of 32 2 1 processing your Requests 32 2 2 administering the Agreement 32 2 3 32 2 4 32 2 5 informing you of any new aspects of the Service or services provided by our affiliates informing you of promotional competitions notifying you of a General Amendment 32 3 disclose your personal information 32 3 1 32 3 2 32 3 3 32 3 4 32 3 5 to companies affiliated with us for purposes of marketing their services subject to your right to refuse such disclosure of your personal information to any third party who acquires or proposes to acquire ownership or control of our assets shares or management or that of our affiliates whether by sale merger acquisition or otherwise and or to any third party from who we acquire or propose to acquire ownership or control of assets shares or management whether by purchase merger acquisition or otherwise to agents representatives or Service Providers which we appoint to process your Request administer the Agreement or provide subscriber management services to our Payment System Providers in order to facilitate the collection of your Fees using payment systems owned and operated
25. t thereof to you to the extent that such delay or failure results from causes beyond our direct or indirect control for any delay interruption defect or failure in the distribution or reception of the Service or any aspect thereof regardless of the nature duration or cause thereof which we deem necessary for any purpose related to our business including in order to support the provision operation maintenance and security of the Service or any aspect thereof subject to the terms of the Manufacturers warranties for any defect in or failure or malfunction of the Equipment regardless of the nature or cause thereof or 12 58 57 5 for any other delay interruption defect or failure in the distribution or reception of the Service in the Coverage Area or any aspect thereof regardless of the nature duration or cause thereof in the absence of gross negligence or willful default on our part and without prejudice to any other provision of these Terms and Conditions If such delay interruption defect or failure is due to our gross negligence or willful default then you will be entitled as your sole and exclusive remedy to a credit against future payments of subscription fees equal to the pro rata portion of the fees representing the period of the delay interruption defect or failure to the extent caused by our gross negligence or willful default We make no warranty or representation whether expressly or implicitly as to
26. the technical quality of 58 1 the Service 58 2 the Equipment 58 3 any viewing devices and or 58 4 your viewing experience or that they will meet your particular tastes and expectations Intellectual property 59 60 You agree that 59 1 the Content Rights and the System Rights are either owned by or licensed to us or our affiliates and that by entering into the Agreement you acquire no right or interest in such rights and 59 2 you will not infringe our rights or interests or those of our suppliers or licensors in the course of your access to and use of the Service or otherwise Nor may you negligently or intentionally permit any other person to do so You indemnify us and the other Indemnified Parties against any claim by a third party in respect of a breach by you of clause 59 2 Security 61 62 63 You acknowledge that the provision of the Service includes and relies on a technological security framework security framework designed to protect the Service against unauthorised use which security framework will be automatically implemented maintained and amended from time to time You agree to such implementation maintenance and modification of the security framework which may include the disconnection or discontinuation of any features of the Equipment which facilitate unauthorised use of the Service Our failure to implement the whole or part of the security framework will not constitute
27. these Terms and Conditions is found to be wholly or partly invalid unenforceable or unlawful then 82 1 these Terms and Conditions will be severable in respect of the provision in question to the extent of its invalidity unenforceability or unlawfulness and 16 83 84 85 86 87 88 89 90 82 2 the remaining provisions of these Terms and Conditions will remain in full force and effect The rule of construction that these Terms and Conditions will be interpreted against the party responsible for the drafting or preparation of this Agreement will not apply We may cede any of our rights and or assign any of our obligations under these Terms and Conditions to any person You may not cede any of your rights and or assign any of your obligations under these Terms and Conditions to any person without our prior written consent These Terms and Conditions are subject to and will be interpreted implemented and enforced in terms of the laws of the Territory The parties consent to the jurisdiction of the Courts in the Territory in respect of all proceedings arising out of or pursuant to this Agreement The parties choose the following addresses for the service of all notices and processes arising out of this Agreement 88 1 Us GOtv Uganda Limited P O Box 2373 Plot 95 Buganda Road Kampala Uganda 88 2 You The physical address supplied by you when making your Request and as recorded in our billing system
28. ubject to age restrictions or contain strong language or other material which may offend sensitive users or which may be inappropriate for younger users 37 2 However we are not responsible for preventing the viewing of such content by children below any age restriction or sensitive or younger users Your obligations 38 In addition to any other obligations imposed on you in terms of these Terms and Conditions you must 38 1 take reasonable steps to prevent the viewing by children below the age restrictions which may be prescribed by us our content providers or any applicable regulatory authority from time to time or sensitive or younger users of content referred to in clause 37 and 38 2 use the parental control mechanism on the Subscriber Equipment if available to block access to content on the Service which you consider inappropriate or undesirable Restrictions on access to and use of the Service 39 40 You may access and use the Service and the Equipment only 39 1 in a single residential unit other than a handheld device 39 2 at your ordinary place of residence other than a handheld device and 39 3 for private personal domestic use You may not access the Service in any manner or for any purpose other than as set out in these Terms and Conditions Nor may you negligently or intentionally permit any other person to do so Without limiting the restrictions in clause 39 you may not attempt to
29. you that your access to the Service is about to expire and will be renewed unless you advise us otherwise 67 7 inform you that your access to the Service will be suspended unless we have received payment of the requisite fees or 67 8 notify you of a General Amendment Amendments to and variations in the Service 68 69 The nature composition and content of the Service are determined by us in our sole discretion and may be changed by us from time to time The various Related Products and other systems necessary for or associated with the provision of the Service are determined by us and are subject to ongoing innovation and change and may be amended by us from time to time Without limiting the above you agree that we may 69 1 amend the software which is part of the Subscriber Equipment and or Related Products by means of over the air software downloads to 14 70 71 72 address any system errors or other problems relating to the software to improve security to provide additional features or functionality 69 2 recommend that you upgrade reconfigure swap out change or replace upgrade at your cost if applicable one or more of the hardware components of any of the Equipment used by you to access the Service if your continued access to the Service will be negatively affected if the upgrade reconfiguration or swap out does not happen You acknowledge that the inherent nature of technology is such that as a r
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