PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, any use or Privacy Policies, and any other information contained on MWEB's legal notices page, which will always apply to your use of this product or service.
MWEB ShowMax Service Terms and Conditions
- Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions or in the ShowMax Provider Terms, when used herein, shall bear the same meaning as defined therein.
- Subject to 1.3 below, to the extent that there is any conflict or inconsistency between the General Terms and Conditions, the ShowMax Provider Terms and these MWEB ShowMax Service Terms and Conditions the following order of precedence shall apply: (i) these MWEB ShowMax Service Terms and Conditions; and (ii) the General Terms and Conditions; and (iii) the ShowMax Provider Terms.
In the event of conflict or inconsistency between these MWEB ShowMax Service Terms and Conditions and any other terms and conditions relating to another product or service offered by us in conjunction herewith, the provisions in these MWEB ShowMax Service Terms and Conditions read with the ShowMax Provider Terms will prevail in relation to the MWEB ShowMax Service; and the provisions of the other terms and conditions will prevail in relation to the other product or service, such as the MWEB Selected Connectivity Products.
In these MWEB ShowMax Service Terms and Conditions unless the context clearly shows a contrary intention:
- "Activation Date" means for purposes of the MWEB ShowMax Service, the date on which you activate the ShowMax Service with your MWEB activation code on the ShowMax Website;
- "MWEB ShowMax Service" means the reselling of the ShowMax Service to MWEB Subscribers who are also subscribed to an MWEB Selected Connectivity Product and the provisioning of a one all- inclusive billing service for convenience purposes;
- "MWEB Selected Connectivity Product" means any one of the MWEB Internet services connectivity products, selected by MWEB from time to time for sale with the ShowMax Service (as clearly indicated on our Website as such selected product for sale with the MWEB ShowMax Service), of which MWEB Selected Connectivity Product you must be an MWEB Subscriber in order to qualify for this MWEB ShowMax Service;
- "Service Fee" means the amount which we will charge you for the MWEB ShowMax Service selected by you as recorded in the Application Form and/or displayed on our Website;
- "ShowMax Service" means the provisioning of the ShowMax Service by the ShowMax Provider as more fully described in the ShowMax Provider Terms;
- "ShowMax Provider" means the third party providing the ShowMax Service as indicated on the ShowMax Website;
Requirements to qualify for this MWEB ShowMax Service
As we are acting as a reseller of the ShowMax Service and providing the MWEB ShowMax Service for your convenience and for purposes of providing you with one bill, you are required:
- to also be an MWEB Selected Connectivity Product Subscriber, with subscription fees paid up to date, to qualify for this MWEB ShowMax Service
- to have the minimum requirements and equipment as defined by the ShowMax Provider on the ShowMax Website and ShowMax Provider Terms. Such requirements are found on the ShowMax Website from time to time which is currently located at http://www.showmax.com/eng/service-terms.
- to register on the ShowMax Website and accept and agree to all the ShowMax Provider Terms which are applicable to the ShowMax Service.
- to use the MWEB ShowMax Service correctly and as prescribed in the ShowMax Provider Terms.
Provision of the MWEB ShowMax Service is subject thereto that the ShowMax Provider must accept your registration on the ShowMax Website.
Provision of the MWEB ShowMax Service
- We will make the MWEB ShowMax Service available to you by providing you with your MWEB activation code.
- You will be required to register on the ShowMax Website and accept and agree to all the ShowMax Provider Terms.MWEB has no control over this process and accordingly cannot be held liable should you suffer any damage as a result of such registration process and flowing from your acceptance of the ShowMax Provider Terms or failure by the ShowMax Provider to accept your registration.
- The MWEB ShowMax Service will, unless otherwise specifically indicated in any promotional offer and/or on the Application Form, be on a month to month basis.
Should you experience a problem with the MWEB ShowMax Service you will be entitled to call our support call centre who will address all billing issues but may, if needs be, refer you to the ShowMax Service Provider for support related to the ShowMax Service.
Service Fees and Billing
As MWEB is providing a one stop billing service for the MWEB ShowMax Service together with the MWEB Selected Connectivity Product, you are hereby notified that the billing rules and payment terms for the MWEB ShowMax Service will, notwithstanding anything to the contrary in the ShowMax Provider Terms, be in accordance with MWEB’s General Terms and Conditions as amplified in these MWEB ShowMax Service Terms and Conditions. Accordingly:
- You are liable to MWEB for the Service Fee and you consent to us debiting your MWEB account with the Service Fee.
- We will charge and directly bill the Service Fee to your MWEB account, as from Activation Date. Unless otherwise indicated in these MWEB ShowMax Service Terms and Conditions payment will be effected as per clause 8 of the General Terms and Conditions.
- We may provide promotional offers or discounted Service Fee(s), whether on a fixed term contract or month to month basis, from time to time in respect of particular MWEB Selected Connectivity Products linked to the MWEB ShowMax Service. In such event, should you at any time cease to be a validly paid up Subscriber to the particular MWEB Selected Connectivity Product which is linked to the promotional offer and/or discounted Service Fee(s) (whether due to failure to pay the Service Fees, or by upgrading or downgrading to another MWEB Selected Connectivity Product or by terminating the particular product) or cancel any fixed term contract before the expiry date, MWEB may adjust the Service Fee to that of the standard Service Fee payable or charge you a reasonably cancellation fee with due consideration to the discounted Service Fee(s) or promotion granted.
- In the event of your upgrading or downgrading of the MWEB Selected Connectivity Product to another connectivity product you may not be eligible for this MWEB ShowMax Service or may lose the discounted Service Fee (s) or promotion related to the initial MWEB Selected Connectivity Product subscribed to by you.
When you sign-up and/or activate the MWEB ShowMax Service you may be eligible for a limited free access period and you may be allowed to cancel before the end of the free access period, failing which the MWEB ShowMax Service and billing will automatically commence after the free access period without further notice to you.
Termination or Suspension
- We are acting as a reseller of the ShowMax Service and providing the MWEB ShowMax Service for your convenience and for purposes of providing you with one bill. Termination of your MWEB Selected Connectivity Product, will not automatically result in cancellation of the MWEB ShowMax Service and we will continue to bill you for the MWEB ShowMax Service unless you also terminate the MWEB ShowMax Service in accordance with these MWEB ShowMax Service Terms read with our General Terms and Conditions.
- If your MWEB Selected Connectivity Product is not paid up to date from time to time, it may be suspended. In the event of any suspension, your MWEB ShowMax Service may also be terminated. If your MWEB Selected Connectivity Product account is then re-activated you may then have to be reissued with a new MWEB activation code for the ShowMax Service and you will have to register on the ShowMax Website again and the same rules will apply as with a new sign-up of this MWEB ShowMax Service.
- Termination may be effected in terms of our General Terms and Conditions. Upon termination the Service Fee will not be pro-rated and you will be liable for the Service Fee for the notice period including the whole of the last calendar month.
Warranties, consents and limitation of liability
- MWEB does not warrant that the MWEB Selected Connectivity Product which you are subscribed to are meeting the ShowMax Service recommendations or is fit for use in conjunction with the ShowMax Service.
- Subject to limitations allowed in law, MWEB will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect or consequential or other damages, arising out of your use of the MWEB ShowMax Service, including without limitation: (a) any unavailability, delay, interference with or interruption of the MWEB ShowMax Service and/or failure of the MWEB Selected Connectivity Product to meet the ShowMax Internet recommendations; or (b) termination or suspension of the MWEB ShowMax Service; or (c) failure to register you as a subscriber on the ShowMax Website; or (d) your use of the MWEB ShowMax Service in contravention of the ShowMax Provider Terms or law. You indemnify MWEB against all loss, damages, claims or liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from your use of the MWEB ShowMax Service including without limitation those arising from (a) to (d) above.