EVA CHANNEL TERMS AND CONDITIONS - GLOBAL .
In this agreement ‘Eva TV ' means Eva Trading & Marketing . (Trade Register number: 20121/079330/07), a company incorporated in accordance with the laws of South Africa , registered address at 4 ST - IVS Umhlanga Manors, Durban South Africa and with its customer services contact at email@example.com
This agreement is applicable to all users who are not located in the Republic of South Africa.
Eva TV provides an on demand streaming service (the ‘EVA TV ') through which users can stream or temporarily download television shows, movies, video or audio clips and other audio-visual materials ('Content') by using an electronic device which is capable of connecting to the internet, including but not limited to computers, mobile phones, tablets, media players, smart TVs, decoders, set-top boxes, gaming consoles, media adaptors and other similar devices, which devices comply with the technical requirements to access the Content as set out on the Eva TV website ('Access Device'). The Eva TV Service is made available on the terms and conditions contained herein (these ‘Eva TV Terms').
In order for users to access and receive the Eva TV Service using an Access Device, Eva TV has developed or made available the Eva TV software application, which also includes related explanatory materials, instruction manuals and other materials which Eva TV may elect to make available together with, or as part of the software application (the 'Eva TV App').
Eva TV may issue reasonable instructions, manuals and guidelines relating to the use, implementation, operation and security of the Eva TV Service and the Eva TV App. You must comply with these instructions, manuals and guidelines.
Eva TV may, at any time, change these Eva TV Terms. Eva TV will notify you of the changes by sending you an email, or through a pop-up notice when you access the Eva TV Service or the Eva TV website, or through a pop-up notice when you log into the account created for you when you register to use the Eva TV Service ('Eva TV Account'), or through the Eva TV App. If you do not agree with any changes to these Eva TV Terms, you may terminate the agreement.
WHO MAY USE THE EVA CHANNEL SERVICE
The Eva TV Service is made available to a user who has entered into an agreement with Eva TV to use the Eva TV Service on the basis of these Eva TV Terms ('Subscriber').
The Eva TV Service may be used by the Subscriber or by a person that is allowed by a Subscriber to access or use the Eva TV Service through the Subscriber's Eva TV Account (an 'Authorised User'). The Subscriber must ensure that all Authorised Users that access or use the Eva TV Service through the Subscriber's Eva TV Account comply with these Eva TV Terms. All acts and omissions of Authorised Users, including the use of your Access Devices, shall be deemed to be the acts and missions of the Subscriber whose Eva TV Account they use to access or use the Eva TV Service.
YOUR INFORMATION AND DETAILS
All information you give us must be truthful, accurate and complete and remain so. You may edit your details in the Eva TV Account.
You will need to use your email address and password in order to access your Eva TV Account and to use the Eva TV Service or the Eva TV App, or such other user credentials as Eva TV may permit from time to time. You are responsible for all use of your Eva TV Account and your password and any of your other user credentials and you must take all reasonable and appropriate measures not to share, display in public, your password, or your user credentials, or your payment information.
You must notify us immediately by sending us an email at firstname.lastname@example.org if you suspect that another person has obtained unauthorised access to your Eva TV Account, your password, your user credentials, or your payment information. Eva TV will not be responsible for any loss or damage you may suffer if any other person uses your password, or your user credentials, or your payment information as a result of events that cannot be attributed to Eva TV.
You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate and reliable internet access from a suitable service provider and all telecommunication facilities, services, products and other equipment needed to access the internet to download the Eva TV App and to use the Eva TV Service. The quality of your Internet connection may affect the quality of the Eva TV Service, beyond the control of Eva TV.
By using the Eva TV App and the Eva TV Service, you consent to Eva TV collecting technical information about the Access Devices and related software, hardware and peripherals. Eva TV will use this to improve its products and to provide the Eva TV Service to you. The Eva TV App will enable Eva TV to make use of location data sent to Eva TV from the Access Devices. You can turn off this functionality at any time by turning off the location services on the Access Device.
If you modify or attempt to modify your Access Device in any way or use software that is designed to modify your Access Device, override, or disable any security features on your Device or its operating system, you acknowledge that you do so at your own risk. There are security features included in the Eva TV Service and the Eva TV App which are designed to operate with the Access Device according to the manufacturer's specifications.
You acknowledge and accept the risks that information transmitted through the internet or any other communication system, including a wireless communication system, is susceptible to unlawful and unauthorised access, interception, distortion and monitoring.
You are only entitled to use the Eva TV Service and stream or download the Content through the methods permitted by Eva TV, which may include through the use of the Eva TV website, or the use of the Eva TV App.
A Subscriber may register up to 5 Access Devices to a Eva TV Account. Eva TV reserves the right to amend the number of Access Devices that a Subscriber is allowed to register to its Eva TV Account. It is not allowed to have more than two (2) concurrent streams of Content to Access Devices registered to a Eva TV Account at any time.
Eva TV may offer different packages as part of the Eva TV Service. Each type of package will have restrictions on the number of concurrent streams of Content to an Access Device registered to a Eva TV Account of a Subscriber to that package. These restrictions are determined by Eva TV and details can be obtained from Eva TV prior to subscribing to a package. The number of concurrent streams of Content that are allowed to an Access Device registered to your Eva TV Account at any time, will depend on the particular type of package that you subscribe to. You must not exceed the number of concurrent streams of Content to an Access Device registered to your Eva TV Account that apply to the particular package to which you have subscribed.
PERMITTED USE AND WHAT YOU ARE NOT ALLOWED TO DO
The Eva TV Service and the Eva TV App may only be used by you in a lawful manner in the way that Eva TV specifically intended and for your personal and non-commercial purposes (the 'Permitted Use').
You may not (or allow anybody else to) undertake any of the following ('Prohibited Acts'):
rent, lease, sub-license, loan, translate, merge, adapt, vary or modify, copy, display, distribute, communicate, transmit, publish or broadcast the Eva TV Service, the Eva TV App or the Content;
use the Eva TV Service, the Eva TV website or the Eva TV App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the agreement, or act fraudulently or maliciously;
perform any act which is illegal, fraudulent or violates or infringes any Intellectual Property Rights (as defined in these Eva TV Terms);
use any means to access, index, frame or link to the Eva TV Service (including the Content) in a way that is not authorised by Eva TV;
use any means to remove, disable, bypass, or circumvent any Content protection or access control mechanisms, including those intended to prevent the unauthorised download, streaming, capture, linking, framing, reproduction, access to, use or distribution of the Eva TV Service, the Eva TV App or the Content;
access the Eva TV Service (including the Content) through any automated means, including through the use of robots, spiders or offline readers other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Eva TV Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content;
introduce any viruses, trojan horses, computer code, malware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Access Device, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ('Destructive Code') into the Content or the technology used by Eva TV or any other person, including the Eva TV website, the Eva TV App or the Eva TV Service;
damage, disable, overburden, impair, or gain unauthorised access to the Content, the Eva TV Service, the Eva TV website, the Eva TV App or the technology used by Eva TV or other persons, or the Eva TV Accounts of Subscribers or other users;
remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Eva TV Service (including the Content), the Eva TV website or the Eva TV App;
use the Eva TV Service to advertise or promote products or services that are not expressly approved by Eva TV;
encourage conduct that would constitute a criminal offense or give rise to liability;
interfere with any other person's use and enjoyment of the Eva TV Service, the Eva TV website, or the Eva TV App;
unless permitted by applicable law, attempt to discover or, reverse engineer the object code and other materials forming part of the Technology used to provide the Eva TV Service, or the Content, or the Eva TV website, or the Eva TV App;
receive or charge money, favours or other consideration for allowing any other person to use or access the Eva TV Service, the Content or your Eva TV Account; and/or collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the Eva TV Service or the Eva TV App.
CHANGES AND UPDATES
Eva TV may continuously update the Eva TV Service, the Eva TV App and the Content. Eva TV reserves the right to make changes from time to time in how Eva TV offer, provide and operate the Eva TV Service, the Eva TV App and the Content.
Eva TV may, in its sole discretion:
change, remove and update the Content that will be available for streaming or download, or as part of the Eva TV Service, from time to time;
restrict access to Content to particular Subscribers or choose whether to make available certain Content to any particular Subscriber at any particular time;
limit the number of programmes or temporary downloads of any part of the Content that can be made through a Eva TV Account at any time;
make different Content available to different Subscribers or Authorised Users in different geographical locations;
implement measures and take steps to remove and delete Content and downloads of Content from any Access Devices and render such Content and Downloads unviewable; and implement measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content.
Eva TV reserves the right to implement technologies, including geo-blocking technology, that is able to limit, restrict or block any access and/or use by a person of any Content, product or service based on the geographical location of that person.
Eva TV reserves the right to, in its sole discretion, from time to time, change, vary or amend the form, appearance, functionality and content of the Eva TV App. Eva TV may make updates to the Eva TV App available from time to time, free of charge. You may be required to download and install the updates in order to continue to use the Eva TV App.
A Subscriber must be 18 years of age or older to register for the Eva TV Service. If an Authorised User is younger than 18 years of age, then such Authorised User may only use the Eva TV Service under the supervision of the Subscriber or another Authorised User that is 18 years of age or older.
You must supervise all use of the Eva TV Service and the Eva TV App through your Eva TV Account, and every person using the Access Devices registered to your Eva TV Account. Certain Content may be subject to age restrictions, contain strong language or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. Eva TV will attempt to provide appropriate audience guidelines relating to the Content.
It is your responsibility to manage access and you must take all reasonable steps to prevent the viewing of Content by people below the prescribed age restriction specified by Eva TV or by any applicable regulatory authority. You must also ensure that parental guidance restrictions and requirements are adhered to.
A Subscriber's subscription to use the Eva TV Service will commence when the Subscriber registers to use the Eva TV Service and Eva TV accepts the registration. The agreement entered into will continue thereafter on a month-to-month basis until it is ended by the Subscriber or Eva TV in one of the ways set out in these Eva TV Terms.
A Subscriber has the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of registration. To exercise the right of withdrawal, the Subscriber must inform Eva TV of the decision to withdraw from the agreement by an unequivocal statement. The Subscriber may use the attached model withdrawal form (and send it to Eva TV by email), but it is not obligatory to do so. A Subscriber may also notify us through chat or social media. To meet the withdrawal deadline, it is sufficient for Subscriber to send the communication concerning exercise of the right of withdrawal before the withdrawal period has expired.
In the event of withdrawal, Eva TV shall refund all payments received from the Subscriber without undue delay and in any event not later than 14 days from the day on which Eva TV is informed of the Subscribers decision to withdraw from the agreement. In the event of withdrawal, the agreement is considered as never concluded.
In addition to any applicable statutory right to withdraw from the agreement, Eva TV may allow the Subscriber to end the subscription to use the Eva TV Service within a period of 14 days after the Subscriber registers and Eva TV will not charge the Subscriber for use of the Eva TV Service during this time ('Free Trial'). If Eva TV gives a Subscriber a Free Trial and the Subscriber does not cancel the subscription before the end of the Free Trial period, the Subscriber will be required to pay the Monthly Fee and the subscription will continue on a month-to-month basis until Eva TV or the Subscriber end this agreement in the way set out herein or the Subscriber withdraws from the subscription to use the Eva TV Services in accordance with his statutory withdrawal right.
A Subscriber must pay the monthly subscription fee, inclusive of all taxes that Eva TV are required to charge on this fee (the "˜Monthly Fee"). The Monthly Fee excludes any internet, data, service provider or Access Device costs, which shall be for your own account.
The Monthly Fee must be paid by the Subscriber each month in advance and for every month in which the Subscriber remains registered to use the Eva TV Service. For this purpose, the monthly periods shall be calculated from the date on which the Subscriber registers for the Eva TV Service until the corresponding date in the following month ("˜Monthly Billing Date"). However, if the Subscriber was given a Free Trial, the monthly period will be calculated from the day after the Free Trial expires.
Eva TV may increase the Monthly Fees at any time. Eva TV will give the Subscriber at least 30 days prior written notice of any increases to the Monthly Fee. Where the Subscriber does not agree to the adjusted Monthly Fee, the Subscriber may terminate the agreement.
If a payment is not successfully collected you remain responsible for any uncollected amounts and you authorise us to continue to collect payment from you. Eva TV may suspend your subscription to the Eva TV Service if Eva TV is unable to collect payment successfully.
SUSPENSION OF THE EVA CHANNEL SERVICE
In addition to any other rights and remedies Eva TV may have according to the agreement or in law, Eva TV may suspend part or all of the Eva TV Service, the operation of the Eva TV website, the Eva TV App or your Eva TV Account, in any one or more of these circumstances:
Eva TV needs to perform maintenance on, or updates to, the Eva TV website or the Eva TV App, or any of the technology that Eva TV uses to provide the Eva TV Service;
Eva TV becomes aware of any actual, threatened or suspected fraud or any actual, threatened or suspected unauthorised use of the Eva TV website, the Eva TV Service, the Eva TV App, the Content or your Eva TV Account;
Eva TV has reasonable grounds to believe that the Eva TV website, the Eva TV Service, the Eva TV App or the Content are being used fraudulently, illegally or in a way that Eva TV has not given permission for;
Eva TV reasonably believes that your password has been lost or stolen or disclosed to an unauthorised person or Eva TV reasonably believes that the security of your Access Devices or the infrastructure used to provide the Eva TV Service or the Eva TV App may have been compromised;
Eva TV becomes aware that any information you have provided is false, inaccurate, incomplete or misleading; and/or Eva TV must do so to comply with the law.
Without limiting the other rights and remedies in the agreement or in law, if Eva TV exercises its suspension rights, Eva TV will restore access to and use of the Eva TV Service as soon as reasonably practical after Eva TV becomes satisfied that the cause of suspension has been removed, avoided or completely mitigated.
You may end this agreement and cancel your subscription to the Eva TV Service at any time without reason, taking effect from the end of your current monthly subscription period, through your Eva TV Account or by notifying us in any other way. Eva TV must receive the notice of termination on or before the next Monthly Billing Date to avoid the next billing. When you terminate the agreement, your rights to use the Eva TV Service will continue until the next Monthly Billing Date.
Eva TV reserves the right at any time and for any reason to terminate the agreement with you, by giving you 30 calendar days prior written notice (unless the termination is required by law or it is reasonable in the circumstances to give shorter notice).
Eva TV reserves the right at any time and for any reason to terminate the operation or availability of the Eva TV App or your right to use the Eva TV App. In such event, Eva TV will give you 10 days prior notice, unless the termination is required by law or there is another urgent reason for termination without prior notice. You agree that upon termination, Eva TV may remotely access the Access Devices and remove and delete the Eva TV App and all copies as well as any Content that may be downloaded on the Access Devices.
Eva TV may end this agreement immediately at any time in one or more of the following circumstances:
where you breach a material provision of these Eva TV Terms or any other applicable terms, and fail to remedy the breach after Eva TV have given you 5 calendar days' notice (or such shorter period where this is reasonable);
where Eva TV has reasonable grounds to believe you are committing or have committed a Prohibited Act;
if you attempt to access restricted Content from restricted geographical locations;
where Eva TV has reasonable grounds to believe you are engaged in illegal or improper use of the Eva TV Service or the Content; and/or where Eva TV must do so to comply with the law.
You acknowledge that the Content made available to you through the Eva TV Service is owned by, or licensed to, Eva TV and is protected by laws, including intellectual property law. All Intellectual Property Rights, including all rights in and to the Eva TV Service, Eva TV website, the Eva TV App and Content, of whatsoever nature existing now and in the future, remain the absolute property of Eva TV and that of its licensors. Where any of the Content has been licensed to Eva TV or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
You will not use the Eva TV Service, the Eva TV App or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of the rights of Eva TV (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of licensors or any third party. In these Eva TV Terms, 'Intellectual Property Rights' include all intellectual property rights, including (without limitation) copyright, patents, designs, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names and all other intellectual property rights.
You will not, at any time, acquire any rights, including any Intellectual Property Rights, in or to the Eva TV Service, the Eva TV website, the Eva TV App or the Content other than the limited, non-exclusive, non-transferable and revocable license to use the Eva TV Service and the Eva TV App for non-commercial use only in accordance with these Eva TV Terms. You may not reproduce, modify, copy, perform, transmit or commercially exploit the Eva TV Service, the Eva TV App or the Content in any manner whatsoever and no Content delivered to an Access Device may be redistributed or copied from that Access Device.
The Eva TV Service, the Eva TV App and Content are provided on an 'as is' basis and without any warranty or other obligation whatsoever. Eva TV is not obliged to ensure that the Eva TV Service, the Eva TV App or Content will meet your expectations, be available and accessible at all times, be uninterrupted, error free, secure, or free from Destructive Code.
Eva TV and its affiliates will not be responsible to you (and Eva TV hereby excludes all liability) for any loss, liability or damage whatsoever resulting from any: (i) errors, mistakes, or inaccuracies in the Eva TV website, the Eva TV Service, the Eva TV App or the Content; (ii) damage resulting from access to and use of the Eva Channel Service or the Eva TV App; iii) any interruption of transmission to or from the Eva TV App or the Content or in the technology used by you or Eva TV to download, provide or receive the Eva TV App, the Eva TV Services or the Content; (iv) any lost data arising out of the installation or use of the Eva TV Service or the Eva TV App; or (v) any unauthorised access to or use of the infrastructure of Eva TV and/or any and all personal information stored therein.
You hereby irrevocably agree to indemnify Eva TV and its affiliates and agree to hold Eva TV and its affiliates harmless against any loss, liability, costs, and damages which they may suffer as a result of: (i) you infringing any person's rights, including Intellectual Property Rights, in relation to the Eva TV Service, the Eva Channel App and Content; and (ii) you failing to comply with these Eva TV Terms.
The Eva TV App and the Eva TV website may include access to products and services provided by third parties. Such products and/or services may be provided directly or via links to the third parties. You acknowledge that the agreement for the provision of such third party product or service is between you and the relevant third party and Eva TV shall not be party to such agreement.
The Eva TV website, the Eva TV App or the Eva TV Service may provide hyperlinks to websites which are not owned and/or controlled by Eva TV ("˜Third Party Websites"). Eva TV does not editorially control the information or content on Third Party Websites and neither Eva TV nor any affiliate, will be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Eva TV website.
You may not make any reference to Eva TV the Eva TV Service, the Eva TV App or the Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by Eva TV in relation to you or a third party.
Any notices Eva TV sends to you will be delivered to your email address as included in your Eva TV Account. Eva TV also may send you notices by SMS or direct message, or when you log in to the Eva TV Account, or on the Eva TV website or through the Eva TV App.
Eva TV may, at any time, transfer any or all of its rights and obligations under the agreement if Eva TV transfers all or part of its enterprise to a third party.
The agreement between the Subscriber and Eva TV shall be governed by the laws of the South Africa. This choice of law does not affect the protection awarded to Subscriber pursuant to mandatory provisions of the law that would apply in the absence of this clause.
ATTACHMENT 1: MODEL WITHDRAWAL FORM
To Eva TV registered address at 4 ST - IVS Umhlanga Manors, Durban South Africa .or Admin@evachannel.co.za
I hereby give notice that I withdraw from my contract for the provision of the Eva TV Service.
Ordered on __________________________
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),