TERMS AND CONDITIONS OF USE:

BOMA - SOUTH AFRICA

TABLE OF CONTENTS

1. Use Of The Boma Service And Boma App
2.  Content Restrictions
3.  Improper Use And Prohibited Activities
4.  Subscription Options
5.  Payment And Billing
6.  References And Links
7.  Intellectual Property Rights 
8.  Suspension And Termination
9.  Liability And Indemnity
10.  Notices And Communication
11.  General Provisions
12.  Important Provisions

Please read these terms and conditions below carefully before you start to use the Boma Service. If you do not agree to any of the terms below, you must not use the Boma Service. If you continue to use the Boma Service, this will be treated as confirmation that you have read all of the terms and conditions below and that you agree to be bound by all of the terms and conditions. Your continued use of the Boma Service will create a contractual agreement (“this agreement”) between you and us.

 
NOTE:

Clause 13 (Important Provisions) draws your attention to important information which may affect your risks or your rights when you use the Boma Service, Boma App or Boma Website. Please read this clause carefully.

We have also highlighted in bold the other specific terms and conditions in this document to which you should pay special attention.

 
TERMS AND CONDITIONS

• Pangea Media International Proprietary Limited, registration number 2017/370119/07 a private, limited liability company duly incorporated in accordance with the laws of the Republic of South Africa (“Pangea”, “us”, “we”) provides an on demand video service (the “Boma Service”) through which users can stream or temporarily download television shows, movies, video and other audio-visual materials (the "Content") by using an electronic device which is capable of connecting to the internet as contemplated in clause 4.1 below. You can download our application (the “Boma App”) by using an Access Device as contemplated in as contemplated in clause 2.4.1 below. 

• The Boma Service and the Boma App are made available to you on these terms and conditions (the “Boma T&Cs”). Your use of the Boma Service and the Boma App are further subject to our privacy policy accessible at https://bomasa.muvi.com/terms-privacy-policy and all of the MTN terms and conditions which apply to you by virtue of you using MTN as your service provider for telecommunication and IT services, all of which you agree to be bound by when you access and/or subscribe to the Boma Service or download the Boma App.  All of these aformentioned policies and terms (“the Service Terms”) form part of this document and together govern your relationship with us as if they have been included in the Boma T&Cs in full, and specify how you are permitted to access the Boma Service, use the Boma App and what you may and may not do in so accessing the Boma Service and using the Boma App. 

• The Boma T&Cs and/or the Service Terms may be updated from time to time by us or by the providers of the MTN services. When the Boma T&Cs are updated, we will post the updated Boma T&Cs to our website at [insert hyperlink] (“the Boma Website”).  If any of the Boma T&Cs are updated, you will be notified thereof by way of, for example, showing a pop-up notice when you access the Boma Service, by sending you an email or SMS or in another way that we decide. You need to read the updated Boma T&Cs and make sure you understand the changes to them.  If you disagree with anything in the updated Boma T&Cs, you must no longer use the Boma Service, must immediately stop using it and must uninstall the Boma App.  If you continue to use the Boma Service following the update, we will treat this as confirmation that you have read, understood and agreed to any and all of the updated Boma T&Cs.Any updates to the Service Terms by the providers of the MTN services will be notified to you in terms of the Service Terms you agreed to when accessing those services.

 1.  USE OF THE BOMA SERVICE AND BOMA APP 

• You may use the Boma Service and Boma App only if you comply with and agree to be bound by the Boma T&Cs and the Service Terms.

• You may use the Boma App and the Boma Service to access both paid for and free Content. We are able to provide certain Content to you free of charge by virtue of following an AVOD (advertisement video on demand) model.  This means you can watch Content at no charge and suppliers of free Content to the Boma Service earn revenue through advertisements displayed to you via the Boma Service.  You can access paid for Content if you are a Subscriber.  A “Subscriber” is the person who is registered as the owner of the applicable SIM card (in terms of the Regulation of Interception of Communications and Provision of Communication -related Information Act, 70 of 2002) AND who has registered to use the Boma Service through the registration process on the Boma Website and/or who has installed the Boma App and whose registration has been accepted by us.  We reserve the right to refuse to let you register or use the Boma Service or the Boma App at our sole discretion. We may do this even if you complete the registration process and agree to these Boma T&Cs and the Service Terms. 

• In order to subscribe for the Boma Service and/or use the Boma App you must be 18 years of age or older. You must not attempt to register for the Boma Service nor attempt to install the Boma App if you are not 18 years of age or older.  You acknowledge and accept that we have no responsibility for ensuring that where a minimum age recommendation is provided for Content, such content is not viewed by persons under the minimum age. You acknowledge and accept that parents should exercise their own parental control to ensure that any content watched by their children is suitable.  We refer you further to the provision of clause 7.

 

• If you are a Subscriber:
  • you can access the Boma Service via an electronic device capable of connecting to the internet such as a mobile phone, tablet, media player, smart TV, set top boxes or similar devices (each and “Access Device”). The Access Device must meet the minimum technical specifications as set out in the Service Terms from time to time. Certain Access Devices and operating software may not work with the Boma Service due to limitations or constraints specific to the Access Device or the software. We will not be responsible for your inability to download or access the Boma Service due to limitations specific to your Access Device.  You, at your own cost, are responsible for obtaining and maintaining the Access Devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, software, systems, materials, applications, platforms, and the like, (collectively “technology”) needed to access the internet or to use the Boma Service.  If you experience problems with the technology used by you to access the Boma Service, it is your responsibility to liaise with and attempt to resolve the problems with your own IT and telecommunications service providers;
  •  on completion of the registration process we will create an account in your name (your “Boma Account”). You will need to use your registration details and password to access your Boma Account and use the Boma Service and Boma App. You must take all reasonable and appropriate measures to safeguard and not share, display in public or make your password or your user credentials, your Payment Details or payment information available to any other person. You irrevocably accept that we shall have no liability towards you if you do not comply with these security measures.  We will not be responsible for any loss or damage you may suffer if any other person uses your password, user credentials or payment information without your approval or consent. You must notify us immediately via email at [insert email address] if you suspect that another person has obtained unauthorised access to your Boma Account, your password, your user credentials or your Payment Details. You are responsible for changing your privacy settings on your Boma Account, changing your password, your user credentials and your Payment Details as soon as you become aware of any unauthorised access or use thereof; 
  • you are responsible for all use of your Boma Account and your password and any of your other user credentials. Whenever a person uses the Boma Service, or performs any other act, with your password, user credentials or through your Boma Account, we will treat this as if it was done by yourself and with your approval;
  • you may register up to 4 different Access Devices to your Boma Account with which to use the Boma Service but will not be able to use the Boma Service on more than one Access Device simultaneously. We may change this limitation from time to time. You will be able to remove from your Boma Account any Access Device which you no longer use or in order to register another Access Device. We may in our discretion place a limitation on the number of times that you can register or remove a particular Access Device on your Boma Account during a calendar year.The quality of the Boma Service and the Content, and your ability to use the Boma Service and to stream or download the Content, including the time it takes to stream or download Content and associated costs, may be affected by various factors, such as your location, the bandwidth available, your Access Devices and their functionality or capabilities, the speed of your internet connection, the services provided by your service providers, and the communications facilities being used by you. We make no warranties or representations about the quality of your viewing experience, or the time it takes to stream or download Content, or the bandwidth or other data that will be required to stream or download Content or to use the Boma Service.

• We may update the Boma App and any information, Content or material on it at any time and therefore the features and functionality may change. We do not give any guarantee that such updates will continue to support your device. We will have no responsibility to provide any corrections, updates or releases in connection with the Boma App.The Boma App may not operate or function properly or at all if you have not installed the most recent upgrade or you are not using the latest version thereof. 
• You may only use the Boma App and the Boma Service for your own private, non-commercial use. You must not use it to broadcast content to the public or for any business or commercial purposes or on any business or commercial premises. You do not have the right to (directly or indirectly) charge viewers a fee for viewing the Content that you access through the Boma App or the Boma Service. In the event that you are found to be in breach of this clause, we reserve the right to institute a civil action against you. 
• Save for Content which you may have downloaded to your device, Content may only be accessed and viewed in the country in which your Access Device is registered. Content may vary by geographic location. The Boma App and the Boma Service are only intended for use in the country in which your Access Device is registered. It is not intended for use in any country where such use would violate local law or would subject us to any non-compliance with regulations or to liability there. We reserve the right to limit our provision of the Boma App and/or the Boma Service in any country at any time, if we consider it appropriate and necessary in the circumstances. You acknowledge that we may do so without notifying you in advance. 
• You undertake not to access or use the Boma App for any improper or unlawful purpose and you will not allow anyone else to access the Boma App through your device for any such purpose.

 2.  CONTENT RESTRICTIONS 

• Unless otherwise expressly stated in Boma T&Cs, the Content is not intended to, and does not, constitute advice or a recommendation of any nature in respect of, but not limited to, any entity, institution, investment, service or product. 

• We may continuously update the Boma Service, including the Content. We reserve the right to make changes from time to time in how we offer, provide and operate the Boma Service and Content. 

• We may, at our sole discretion: 

• select and determine the Content that will be available for streaming or download, or otherwise as part of the Boma Service; 
• change, remove and update the Content that will be available for streaming or download, or as part of the Boma Service, from time to time; 
• restrict access to Content to particular Subscribers or choose whether to make available certain Content to any particular Subscribers at any particular time; 
• limit the number of programmes or temporary downloads of any part of the Content that can be made through a Boma Account at any time; 
• limit the number of temporary downloads of a particular programme or part of the Content you may make or initiate, or which may be made or initiated through a Boma Account; 
• limit the amount of times you can attempt to download a particular programme or part of the Content, where the downloading of the programme or part of the Content fails to complete because of poor internet connection or other technical problem; 
• make different Content available to different Subscribers in different geographical locations; 
• implement technologies and 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 technologies and measures to encrypt and decrypt the Content and to protect the Content from unauthorised use and to control access to the Content. 

• The Content that may be available to view will vary across geographic locations and we reserve the right to limit certain Content to certain geographic locations. 

• You must not attempt to access restricted Content.

• We reserve the right to implement geo-blocking technology. This includes any 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, and other measures in order to verify your geographic location and monitor that you are not accessing restricted Content from restricted geographic locations. 

• It is your responsibility to manage access to your Boma Account. You must take all reasonable steps to prevent the viewing of Content by persons below the prescribed age restriction specified by us or by any applicable regulatory authority for any Content. Certain Content may be subject to age restrictions, contain strong language, contain explicit visuals or other material which may offend sensitive viewers or be inappropriate for younger viewers or certain categories of viewers. We will attempt to provide appropriate audience guidelines relating to the Content. It is, however, your responsibility to heed those warnings and to act responsibly. You must ensure that parental guidance restrictions and requirements are adhered to. You may limit the age restriction level of Content viewable by other persons with our parental control feature.  Parental control features available are as follows –

Once logged in, go to your profile and click on parental guidance to enable the blocking of content that is not suitable for persons under the age of 17.

 3.  IMPROPER USE AND PROHIBITED ACTIVITIES 

• You must not do, or attempt to do, and you must not encourage, enable or assist anyone else to do any of the following acts: 
  • perform any action that violates any of the Boma T&Cs or the Service Terms or any guidelines or policies posted by us; 
  • alter, modify or adapt or any part of the Boma App or Boma Service; 
  • use the Boma App or the Boma Service in any way which breaches any law, order or regulation of any country in which you use the Boma App or access the Boma Service (whether a violation of the law is intended or not) or which in any way contravenes the Boma T&Cs or the Service Terms; 
  • use the Boma App or access the Boma Service in a way that causes, or is likely to cause, the Boma App or Boma Service or access thereto to be interrupted for anyone, damaged or slowed in any way or interfere or attempt to interfere with any other person's lawful and authorised use and enjoyment of the Boma Service or the Boma App; 
  • use the Boma App or the Boma Service to knowingly distribute any material containing viruses, Trojan horses, ransomware, malware, worms, time bombs, keystroke loggers, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any software or hardware; 
  • use technology or other 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 Content or the Boma Service; 
  • use technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or other technology or identifying information contained on an Access Device; 
  • use any Access Devices which have been "jailbroken" or "rooted"; 
  • access the Boma 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 Boma Service or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content); 
  • receive or charge money, favours or other consideration for allowing any other person to use or access the Boma Service, the Content or your Boma Account; 
  • use the Boma App in any way not expressly authorised by us.

 4.  SUBSCRIPTION OPTIONS 

• You are entitled to subscribe on the basis of any of the options as set out on the Boma Website when you register a Boma Account. 

• In order to complete your registration as a Subscriber to a Boma Account, you will be required to select the payment instrument you wish to use as contemplated in clause 1 below and provide the details (“Payment Details”) required as part of the registration process. By registering a Boma Account and providing the Payment Details, you authorise us to instruct MTN to collect the Subscription Fee on our behalf and further authorise MTN to make such deductions or charge your MTN account accordingly as contemplated in clause 6.3. 

• The subscription will commence when you have completed the registration process, set the selected payment instrument and we have authenticated the Payment Details and accepted the registration. Save for a once-off subscription which will automatically terminate [within 24 hours?], your subscription will continue thereafter on the basis of the subscription option you have selected until you select a different subscription option in accordance with clause 5 or terminate this agreement in the manner contemplated in clause 9.9 or until we terminate this agreement as contemplated in clause 9.7 or 9.8.

• Your Boma Account will be activated and you will be able to access the Boma Service as soon as the first payment of the Subscription Fee has been authorised in the manner contemplated in clause 6. 

• If there is a change in your Payment Details, you are required to immediately update the information by logging onto the Boma Website and updating your Boma Account. 

• You must ensure at all times that you keep your Payment Details updated and that you have sufficient funds available to pay for the Boma Service. 

• If you change your Payment Details we will authenticate the new Payment Details prior to the new Payment Details being accepted. We will inform you once your new Payment Details have been accepted. 

• You may change your subscription option by changing your preferences as selected on your Boma Account. Any change of your subscription option will take effect at the end of the current subscription period. 

5.  PAYMENT AND BILLING 

• In order to use the Boma Service, you will be charged a fee, either once off or on a recurring basis (“the Subscription Fee”), depending on the subscription option you have selected. The Subscription Fee is exclusive of any internet, service provider or Access Device costs which shall be for your own account. 

• You may pay the applicable Subscription Fee (inclusive of all applicable taxes) that we set from time to time by setting one of the following payment methods on your Boma Account:

 

• The Subscription Fee will be deducted or charged by MTN on our behalf on each applicable date in accordance with the subscription option you have selected and will continue to be so deducted or charged until you change your subscription option or until this agreement is terminated.

• We will give you at least 30 days’ prior notice of any increases to the Subscription Fee. Where the increase in the Subscription Fee is more than 10% and you do not agree to the adjusted Subscription Fee, you may cancel the subscription in accordance with clause 9. 

• If a payment is not successfully made or collected, due to expiration, insufficient funds, incorrect Payment Details or another reason, you remain responsible for any uncollected amounts and you authorise us to continue to collect payment of any amounts so due to us from MTN accordingly. 

• We are not responsible for any acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers. You will be responsible for the acts, failures, delays or omissions on the part of any third party, bank, payment aggregators, or payment facilities providers, including those responsible for paying us. 

• We will notify you if payment is unsuccessful and if we are unable to collect payment using your Payment Details and selected payment method. We may suspend your subscription to the Boma Service if we are unable to collect payment successfully, as set out in clause 4. Even if we suspend your subscription, you will still be responsible for all uncollected amounts which are due to us for the time that you continued to be a Subscriber to the Boma Service. 

• Subscribers can access details of their active plan under their profile on the platform by clicking on their profile name and navigating to “plans”. 

• In so far as permissible in accordance with applicable laws, payment of the Subscription Fee is not refundable and we will not refund nor credit any part of the Subscription Fee to you.

 6.  REFERENCES AND LINKS 

• The Boma Website and the Boma App may obtain references or links to other web sites (“Other Sites”) and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Sites nor the opinions, products, or services of third parties. Your use of Other Sites or the products or services of third parties will be entirely at your own risk. 

• To the fullest extent allowed by law, we are not responsible to you for any loss, liability, expense, claim, penalty or damage, whether direct, indirect, special or consequential, arising from or related to the reliance on, use or attempted use of Other Sites or the opinions, products or services of third parties. 

• You may not make (and you may not allow any third party to make) any reference to us, the Boma Service, the Boma App, the Boma Website 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 us in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party. 

• You agree that we may integrate, display and otherwise communicate advertising or commercial content to you through the Boma Service and the Boma App, to target communications to you, to create a marketing profile of you, or to contact you through other marketing channels chosen by us. We may collect information about you using technology which is not apparent to you by way of, for example, cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may also compile aggregate information to enhance the content we offer and make the user experience more friendly. We may share your information with our content providers in order to assist them to analyse and evaluate the services they provide to us; or for the purpose of investigations being carried out by content providers into breaches of their or our rights under this agreement; and for the purposes of use in enforcement actions being taken by us or our content service providers as a consequence of such investigations.  Whenever possible, we will aggregate or anonymise your information when sharing it with third parties so that you are not identifiable in any way.

 7.  INTELLECTUAL PROPERTY RIGHTS 

• For purposes of these Boma T&Cs, “Intellectual Property Rights” shall mean any rights to intellectual property of whatsoever nature and however embodied, including (without limitation) copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such Intellectual Property Rights. 
• We are the owner or the licensee of all Intellectual Property Rights in and to the Boma App, Boma Website and Boma Service (collectively “the Boma Functionalities”) and the Content published on it. This includes works protected by copyright and other intellectual property laws across the world. All Intellectual Property Rights in respect of the Boma Functionalities and the Content remain the absolute property of ourselves and/or our licensors. You must accordingly not, nor attempt to, encourage enable or assist anyone else to do any of the following: 
  • copy or reproduce any part of the Boma Functionalities; 
  • remove or tamper with any copyright notice attached or contained within the Boma Functionalities or the Content; 
  • copy or reproduce any trademarks, service marks, logos or branding published or displayed in the Boma Functionalities or the Content; 
  • reverse engineer, decompile, disassemble or decipher the Boma Functionalties or attempt in any other way to get to the source code (or any part thereof) of the Boma Functionalities; 
  • use the Boma Service, Boma App or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, all Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party.

 

Suspension

• We may at any time suspend your use of the Boma App and/or the Boma Service if – 

• we need to perform maintenance on or updates to the Boma Functionalities or any aspect thereof;

• in our sole opinion there are security risks or concerns related to your use of the Boma Functionalities; 

• we believe or suspect that you have used the Boma App or the Boma Service fraudulently or in an unauthorised way, or in breach of the Boma T&Cs or the Service Terms; 

• we become aware that any information you have provided to us is false, deliberately inaccurate, incomplete or misleading; 

• there are obligations we have to meet under any laws and regulations or at the direction of any court or regulator in any country in which you use the Boma App or access the Boma Service; 

• there are operational reasons that require us to suspend your use of the Boma App and/or the Boma Service; or 

• we otherwise consider it necessary in the circumstances. 

• The suspension will continue for so long as we reasonably believe is appropriate and necessary in the circumstances. 

• We will notify you if we suspend part or all of the Boma Service or Boma App or your use thereof or your Boma Account, where it is reasonably practical to do so. 

• We may further temporarily suspend your Boma Account, access to the Boma Service or use of the Boma App if we are for any reason unable to collect the Subscription Fee on due date. 

• We will inform you that we are suspending part or all of your access to the Boma Service, or your use of the Boma App or your Boma Account due to payment not taking place. The suspension will continue for as long as all uncollected amounts which are due to us have been paid by you. 

• After we have received all uncollected amounts which are due to us, you may choose whether: 

• you wish to end your subscription as set out in clause 9; or 
• you wish to reactivate your subscription to the Boma Service and your Boma Account which was previously suspended.

 

Termination of this agreement by us

• We may at any time terminate your right to use the Boma App or access the Boma Service with immediate effect and without notice, if necessary, – 

• if in our opinion you have breached the Boma T&Cs or the Service Terms;

• if the manufacturer of your Access Device, the provider of your operating system and/or your mobile network operator no longer supports or permits the use of the Boma App or the Boma Service; 

• if we stop supporting the Boma App or the Boma Service on your Access Device or the operating system it runs;

• your actions have created, or are likely to create, harm, risk, or possible legal exposure for us, our licensors or other users of the Boma Functionalities; 

• if you attempt to access restricted Content from restricted geographical locations; 

• where we have reasonable grounds to believe you are engaged in illegal or improper use of the Boma App, the Boma Service or the Content; 

• where we must do so to comply with the law or where a court or regulator order us to do so; or 

• if any provision of these Boma T&Cs or the Service Terms, or part of a provision, becomes unenforceable, illegal or invalid. 

• We reserve the right to, at any time and for any reason, terminate this agreement with you, or your subscription to the Boma Service, or the operation or availability of the Boma Service or the Boma App, or your right to use the Boma App or the Boma Service or any part thereof. If we elect to do this and you are a Subscriber, we will give you 30 calendar days’ prior written notice thereof.

 

Termination of this agreement by you

• If you are a Subscriber, you may end this agreement and cancel your subscription and Boma Account at any time provided that – 

• in order to cancel your subscription you must access your Boma Account through the Boma Website and follow the instructions for cancellation; 

• you must cancel your subscription on or before the next billing date to avoid the next payment being billed. If you fail to do so, we will collect all Subscription Fees which are due to us prior to you cancelling your subscription. As far as the law allows, any payment of the Subscription Fee already made at the date of cancellation will not be refunded;

• to the extent required in terms of your contract with MTN, you will need to take such steps as are necessary to cancel any instructions relating to your selected payment method with MTN as well. 

• If you are not a Subscriber, you may terminate this agreement at any time by uninstalling the Boma App and by not making any further use of the Boma Service. 

Terms which continue to remain binding after termination

• Those provisions of this agreement and the Service Terms which by their nature or by operation of law must necessarily continue to apply, will not cease to bind you upon the termination of this agreement, but will survive termination of the agreement. In particular, without limitation of generality, the following will remain binding on you: 
  • terms and conditions where our liabilities or responsibilities are excluded or limited, including amounts which you can claim from us as losses, damages or otherwise; 
  • terms and conditions in terms of which the rights you have against us are limited or excluded; 
  • terms and conditions which indemnify us or in terms of which you take on responsibility for certain losses or damages that may occur; 
  • terms and conditions which stipulate that we provide no warranties in respect of any particular aspect; 
  • the provisions of clause 7; 
  • the provisions of clause 9; 
  • the provisions of clause 4; 
  • the provisions of clause 3; 
  • the provisions of clause 8; 
  • any terms and conditions which are expressly stated to survive or continue after termination of this agreement or of any part thereof.

 9.  LIABILITY AND INDEMNITY 

• The Boma App, Boma Service and the Content are provided “as is” and we make no representations or guarantees whatsoever, whether express, implied or statutory, as to –  

• their fitness for purpose, quality, performance, functionality or the exclusion of any errors;

• them being tailored to meet your personal requirements or expectations, being available and accessible at all times, free of uninterruptions, error free, secure, or free from destructive code. 

• To the fullest extent permissible in law, we will not be liable to you for – 

• any losses, damages, liability, costs, expenses (including but not limited to legal fees) whether arising in contract or delict, including negligence; and/or 

• any indirect, special, incidental or consequential damages or losses, including, without limitation, loss of revenue, profit, business, reputation, anticipated savings or goodwill, arising from or in connection with – 

• your use or attempted use of the Boma Functionalities; 

• your inability to use the Boma Functionalities or access the Content; 

• any failure, interruption, unavailability, delay or defect in the Boma Functionalities or the Content; 

• any unauthorised access to or use of our technology and/or any and all personal information stored therein. 

• The provisions of clause 2 apply irrespective of whether any claim you or others make, or any loss, liability, injury or damage suffered, is based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such damages.

• You hereby indemnify us against any liability, costs, expenses, damages or losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other costs and expenses) we may suffer or incur as a result of or in connection with  - 

any breach by you of the 

• Boma T&Cs and/or the Service Terms; and/or 

• any breach by you of the intellectual property rights as contemplated in clause 8. 

• Nothing in these Boma T&Cs will reduce or cancel any rights you are entitled to under the laws of the country in which you use the Functionalities (including any rights under applicable consumer protection regulation).

 10.  NOTICES AND COMMUNICATION 

• Any notices, including legal notices, you wish to send to us in terms of the Boma T&Cs, must be delivered to us by hand or by courier at 6^th Floor, 85 Grayston Drive, Sandton, Johannesburg, South Africa or by email to legal@boma.tv.
• Any notices we send to you under the Boma T&Cs, including legal notices, will be delivered to the address you provided upon registration of your Boma Account or any other address which you have given us proper notice about, or to your email address if you indicated that as your preference on registration. However, any notices that we may send you in other ways which are actually received by you, will qualify as adequate notice. 
• We have the right to send you notices and communications about the following issues by SMS, email or direct message or when you log into your Boma Account or via the Boma Website or Boma App: 
  • increases in Subscription Fees; 
  • changes or updates made to your details; 
  • inactivity of your Boma Account or suspected unauthorised use of your Boma Account;

 

• notices that you are in breach of the Boma T&Cs; 

• notices of suspension or termination of, or that we intend to suspend or terminate, this agreement or the Boma Service or Boma App or your use of the Boma Service or Boma App (or any part thereof); 

• notices that we have changed any part of the Boma T&Cs; and 

• notices about billing or payment information, including (without limitation) non-payment. 

• You are not able to unsubscribe to receive notices from us regarding the above information. 

11.  GENERAL PROVISIONS 

• If, for any reason, we fail to enforce any right or remedy available to us under these Boma T&Cs or in law, this will not constitute a waiver of, and will not restrict in any way, our right to subsequently exercise that or any other right or remedy we are entitled to. 

• If any provision of these Boma T&Cs is found, whether in whole or in part, to be illegal, void, invalid or unenforceable under any law, rule, order or regulation or by the final determination of any court of competent jurisdiction, such invalidity or unenforceability will not have an effect on the rest of that provision or the other provisions of these Boma T&Cs, which will remain in full force and effect. 

• You may not novate, assign, cede, delegate, or otherwise transfer any of your rights or obligations under these Boma T&Cs to anyone else. 

• These Boma T&Cs and any dispute or claim (including any non-contractual disputes or claims) arising from or in connection with them, or their subject matter, existence or validity, will be governed by and interpreted in accordance with the laws of the Republic of South Africa. 

• No person other than the parties to these Boma T&Cs, being you and us, will have any rights under these Boma T&Cs to benefit from or enforce any of the provisions of these Boma T&Cs. 

• Each provision of these Boma T&Cs, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of these Boma T&Cs, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these Boma T&Cs and the rest of these Boma T&Cs will still be valid and enforceable. 

• In the interpretation of these Boma T&Cs headings are for convenience and not to be used in interpreting these terms, and unless expressly stated otherwise or otherwise required by the context –  

• references to the singular includes the plural and vice versa; 

• words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders; 

• words or expressions that are defined or capitalised shall have the same meaning wherever they are used in these Boma T&Cs; 

• the word 'including' or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word; 

• where any number of days is given, those days are counted to exclude the first day but include the last day. 

12.  IMPORTANT PROVISIONS 

• We specifically draw your attention to the provisions of the clauses referred to below and to the fact that it is important for you to read each of those clauses carefully – 

• the first paragraph of this document and clause 3 in terms of which you acknowledge that you are aware of and understand the facts as referred to in that clause. You can therefore not deny the truth of those statements of fact; 

• clauses 6 and 10.1 to 10.3 (both included) because they limit and/or exclude certain obligations or liability we may otherwise have to you and limit and/or exclude your right to claim or recover losses, damages, liability or harm that you may suffer; 

• clause 1 to 2.6 (both included) and 3.7 in terms of which you accept certain risk, legal responsibility and liability; 

• clause 4 in terms of which you indemnify us and other persons against claims, losses, damages and harm that we or they may suffer. This places on you the risk of such liability and obligations and means you may be responsible and liable for the payment of such claims, losses, damages and/or harm as may be suffered.

 

Terms and Conditions for Promotions and Competitions

 The following Terms and Conditions contain assumptions of risk and/or liability by Customers and limit and exclude liabilities, obligations and legal responsibilities which Pangea Media International (“Pangea”) will have towards Customers and other persons.

 These Terms and Conditions also limit and exclude Customers rights and remedies against PANGEA and place various risks, liabilities, obligations and legal responsibilities on the Customer.

 These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and PANGEA may also have claims and other rights against the Customer.

 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 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.

 The Customer must read these Terms and Conditions. The use of this promotion will constitute as agreement to comply with these Terms and Conditions.

 Please pay special attention to all the clauses. Please note that these Terms and Conditions must be read together with the standard PANGEA Internet product and service Terms and Conditions.

 

1 Introduction

 

1.1 Boma.tv subscribers with an internet capable device can download and watch video content online and offline via the mobile app, mobile portal and mobile app interfaces on an internet connected device and stand a chance to win Prizes . PANGEA customers that subscribe to Boma.tv (the “Service”) and watch any subscription-only content will stand a chance to win during the Promotion Period the “Promotion”.

 

2 Duration

 

2.1 The Promotion is available from 1 December 2022 until 31 March 2023 (the “Promotion Period”).

 

2.2 Notwithstanding the Promotion Period, PANGEA may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the Bin its entirety, with notice to you. Visit www.boma.tv regularly for notices, updates and/or changes to services.

 

3 Who is Eligible?

 

3.1 The Promotion is available to all PANGEA customers that subscribe to Boma.tv (the “Service”) as follows :

 

3.1.1 Existing and New customers who subscribe during the promotion period also eligible for the campaign. PANGEA customers must subscribe first; log in and watch any content from Boma.tv in order to be eligible for the Prizes.

 

3.1.2 Participation in the Promotion excludes employees, directors, members, partners, consultants and agents of, or any other person who, directly or indirectly controls or is controlled by the Promoters or marketing service providers of the Promotion and the spouses, life partners, immediate family members or business partners of the people or entities listed above.

 

4 Prizes

 

4.1 The winner stands a chance to win 1 of 5 cash prizes.

 

4.2 The cash reward is R10000 x 5 (Ten Thousand rand) each with the total value being R 50 000 (Fifty Thousand rand) .

 

4.3 The winner can only win one prize.

 

4.4 The prize is non-transferable.

 

5 How will winners be contacted?

 

5.1 Random Monthly draws will take place in order to select the winners.

 

5.2 After the winner’s name is selected as the winner they will be contacted telephonically and paid directly on the phone number used to enter the competition. The winner may then use the voucher details sent to them via SMS to withdraw the cash funds at a local participating ATM.

 

6 Subscribing

 

6.1 Subscribers may subscribe through:

 

6.1.1 sa.boma.tv/register

 

6.2 The subscription is Daily at a rate of R5 (five rand) per day, a Weekly rate of R15 (fifteen rand) per week or Monthly at a rate of R35 (thirty-five rand) per month.

 

7 Unsubscribing

 

7.1 Subscribers may opt out of the subscription through:

 

7.1.1 USSD – the subscriber must dial the USSD string *155# to unsubscribe; or

 

7.1.2 you can click on the Unsubscribe once you’re logged in via the Boma.tv website or app;

 

7.2 If the customer unsubscribes from the Promotion after claiming the Prize, then they are eligible to get the Prize.

 

7.3 If the customer unsubscribes from the Promotion before claiming the Prize, then they are NOT eligible to get the Prize.

 

 

8 Modification of Terms and Conditions

 

8.1 PANGEA reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Promotional Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

 

8.2 See www.boma.tv for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the above-mentioned website or elsewhere in any media.

 

8.3 PANGEA reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. PANGEA will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify PANGEA against any damage or loss you may sustain as a result of using the service.

 

8.4 PANGEA reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

 

8.5 As changes will be posted on www.boma.tv, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.

 

9 Limitation of Liability

 

9.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 10.2 and 10.3 below, PANGEA will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):

 

9.2 if the boma.tv services are interrupted, suspended, or cancelled, for whatever reason; or

 

9.3 if Pangea does not suspend the provision of the Boma.tv services to you after you have specifically requested Pangea to do so; or

 

9.4 if the loss or damage was caused by any negligent act or failure to act by PANGEA, its employees or agents; or

 

9.5 Clause 9.1 does not limit or exclude any warranties or obligations which are implied into this service by the Consumer Protection Act (to the extent applicable) or which PANGEA gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or

 

10 General

 

10.1 The Promoters are not responsible for the subscription being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.

 

10.2 The Promoters, their 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 a person's participation of the terms and conditions of this Competition. Furthermore, you will be solely responsible for all products and the subscription used by you.

 

10.3 Accordingly, the Promoters takes no responsibility for any loss or damage, or any MTN airtime associated with the SIM card and/or cellphone number. In the event of theft or loss of your cellphone, airtime and/or SIM card, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately. All persons using the subscription hereby expressly indemnify the Promoters in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.

 

10.4 PANGEA reserves the right, at any time, to change these terms and conditions and any rules relating to this Promotion, its products and the subscription, and to modify the subscription at its discretion.

 

10.5 PANGEA reserves the right at any time to modify, suspend or discontinue the subscription or the Promotion, with notice, without liability to you or any third party. The Promoters will under no circumstance be liable to you for any error, delay, failure or non-availability of the subscription and you indemnify the Promoter against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the Visit www.mtn.co.za regularly for notice, updates and/or changes to the subscription.

 

10.6 PANGEA reserves the right from time to time to vary the charges of the subscription as may be deemed necessary in its discretion.

 

10.7 See www.boma.tv for the Promotion rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

 

10.8 PANGEA shall be entitled to terminate the subscription of any subscriber, if such a subscriber is involved in any fraudulent activity or suspected fraudulent activity.​

 

TERMS AND CONDITIONS PAYGATE PAYMENTS

1. Detailed description of goods and/or services
   Pangea Media International is a business in the video streaming and on-demand industry that provides the Boma.tv service to our customers in emerging markets.
2. Delivery policy
   Subject to availability and receipt of payment, requests will be processed within 1 hour and delivery confirmed electronically by sms or email notification.
3.  Export restriction 
   The offering on this website is available to South African, Nigerian and Ghanaian clients only.
4. Return and Refunds policy
   The provision of goods and services by Pangea Media International is subject to availability. In cases of unavailability, Pangea Media International will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10 % administration fee. Should the client access the service and watch any content available for subscribers only, no refund will be issued.
5. Customer Privacy policy
   Pangea Media International shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
   http://www.polity.org.za/attachment.php?aa_id=3569.
6.  Payment options accepted
   Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Pangea Media International bank account, the details of which will be provided on request.
7.  Card acquiring and security
   Card transactions will be acquired for Pangea Media International via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.zato view their security certificate and security policy.
8. Customer details separate from card details: Customer details will be stored by Pangea Media International separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
9. Merchant Outlet country and transaction currency
   The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility
    Pangea Media International takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
    customer service and support, dispute resolution and delivery of goods.
11. Country of domicile
    This website is governed by the laws of South Africa and Pangea Media International chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 6^th Floor, 85 Grayston Drive, Sandton, Johannesburg, South Africa, 2146 .
12. Variation
    Pangea Media International may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13.  Company information
    This website is run by Pangea Media International (Pty) Ltd (private company) based in South Africa trading as
    Boma.tv and with registration number (Reg # 2017 / 370119 / 07) and Captrust Investments
14. Pangea Media International (Pty) Ltd contact details
    Company Physical Address: Pangea Media International (Pty) Ltd, 85 Grayston Drive, Sandton, Johannesburg, 2146
    Email:info@boma.tv Telephone: +27 (0) 83 261 5425