PlatformZA - Terms & Conditions | PlatformZA

Terms & Conditions

PARTICIPANT END USER AGREEMENT

PLATFORM ZA– PARTICIPANT END USER AGREEMENT


1.  DEFINITIONS AND INTERPRETATION

In these terms, the following defined words and phrases have the meanings set out below:

"Affiliates" means with respect to any entity, any other entity that Controls, is Controlled by, or is under common Control with such entity;

"Agreement" means this Participant End User Agreement between you and Platform ZA;

"Artists" means the artists and/or bands whose music can be Streamed on the Platform;

"Clients" means the clients of Platform ZA from time to time;

"Control" shall have the meaning ascribed to it in terms of the Companies Act 71 of 2008;

"Destructive Code" means any "viruses", "trojan horses", computer code, malware, instructions, devices or other materials designed to disrupt, disable, harm or otherwise impede in any manner the operation of any Device, technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof;

"Device" means the device which is capable of connecting to the internet that you use to access the Platform, and may include a computer, mobile phones, tablets and any other device;

"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002, as may be amended from time to time;

"Events" means the music festivals that are Live Streamed on the Platform;

"Intellectual Property Rights" means any and all rights, title and interest, any know‑how (not in the public domain); invention (whether or not patented); design, goodwill, trade name, trade mark (whether or not registered), or any material in which copyright subsists (whether or not registered), and all other identical or similar intellectual property as may exist anywhere in the world and any applications for the registration of such intellectual property;

"Live Stream"  means a live transmission over the internet;

"Performance" means the performances of the Artists that are Streamed on the Platform and include for the avoidance of doubt both Live Streamed and pre-recorded performances;

"Personal Information" shall have the meaning set out in the Protection of Personal Information Act 2013;

"PIN" means personal identification number;

"Platform ZA Account" means the account created by you when you register to use the Services; 

"Platform ZA" means Platform ZA Online Proprietary Limited, a limited liability private company incorporated under the laws of South Africa with the registration number: 2020/484090/07 and the registered address of 94 Gazelle Avenue, Corporate Park South, Randjespark, Gauteng, 2685;

"Platform" means the music streaming platform made available by Platform ZA to you through your Device which you can access the Services;

"Services" means the Streaming services of Artists' Performances and Events that are offered on the Platform; 

"Streaming" means transmission over the internet and specifically includes  Live Streaming;

"Terms" means the terms and conditions included in this Agreement;

"Territory" means the Republic of South Africa;

"Third Party Sites" means any website or content that belongs to a third party that is either featured on the Platform or is linked to the Platform;

"we", "our", "us" means Platform ZA and references to "we", "our" or "us" also includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, licensors, service providers and suppliers; and

"you" and "your" or "Participant" means a person who downloads, installs and uses the Platform or who agrees to these Terms.

References to the singular includes the plural and vice versa.

Clause headings are for convenience and not to be used in interpreting these terms and conditions.

Words in any particular gender include the other genders. Reference to a neutral gender (for example 'they' or 'it') include all genders.

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. The word:

        'including' means 'including but not limited to'; 

        'include' means 'include but is not limited to'; and 

        'includes' means 'includes but is not limited to'

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

Specific meanings (definitions) have been given to some words or phrases in these terms. These words and phrases start with a capital letter. The only defined terms that do not always have a capital letter are the words "you", "your", "we" and "us". 

Sometimes the definitions of a word or phrase can also be found in the paragraph where we used the word or phrase. These words or phrases that have been defined will have the same meaning wherever they are used in these Terms.


2.  INTRODUCTION AND SCOPE

    Platform ZA has developed the Platform to provide the Services to Participants.

    These Terms are a legal agreement between you and us and apply to all Participants of the Platform and Services. When you download, access, create an account or use the Platform and Services, you are also agreeing to these Terms.

    We grant to you a non-transferable, non-exclusive licence to use the Platform on your Device, subject to the terms of these Terms and the Platform. We reserve all other rights.  The rights granted to you are revocable which means that we can take back such rights. We only supply the Platform for private use. You agree not to use the Platform for any commercial, business or resale purposes. You may not transfer your rights to use the Platform and/or the Services to a third party.

    If you not agree to these Terms, you must not register an account or use the Platform or Service. By clicking ["accept"/"proceed"/"continue"] or by using the Platform or Service you confirm that you agree to be bound by these Terms.


    3.  HOW TO ACCESS AND DOWNLOAD THE APP

    Devices

      To download and access the Platform, you must have a Device that is able to connect to the internet.

      Certain Devices and operating software may not work with the Platform due to limitations or constraints specific to the Device or the software.  We will not be responsible for your inability to download or access the Platform due to limitations specific to your Device.

      You, at your own cost, are responsible for obtaining and maintaining:

          a. the Devices,

          b. adequate and reliable Internet access from a suitable service provider; and

          c.all telecommunication facilities, services, products and other equipment needed to access the Internet or to download the Platform ("IT Facilities").

      If the Device does not belong to you, you hereby confirm and promise that you have obtained permission from the owner of the Device to download or install the Platform onto the relevant Device and to use the Platform subject to these Terms.

      We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Device.


      URL Website

      The platform is a URL website and accessible directly on the internet, www.platformza.tv or for quick access via a App Gateway available for smart phones and tablets on Apple App Store or Android App Store.
      You will only be able to access the Services once you register via the Platform.


      4.  HOW TO ACCESS THE PLATFORM SERVICES

      You must register to access the Services by completing the electronic registration form which is made available on the Platform. After registration you have 7 days free trail to access to limited Services, after which an annual admin fee of ZAR 30.00 will be charged and the full service of "pay-per-view" content will be available.

      You must be at least 18 years or older to register for the Services.

      As part of the registration process, you will be required to create a Platform ZA Account.  You will do this by completing the electronic registration form which will include:

         providing us with your name and surname and date of birth;

         creating a unique password;

         providing us with all the information we require, including but not limited to a valid email    address; and

         agreeing to these Terms.

         Once you have provided us with your registration details and agreed to these Terms, we will   confirm your registration by sending you a confirmation email.

      All information you give us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that. 

      We are not responsible for incorrect information given by you.

      1. As far as the law allows, we will not be responsible for any loss or damage you may suffer if any other person uses your password or accesses your Platform ZA Account or the Services using your Platform ZA Account, without your approval or consent. You may also be liable for any losses incurred by any other party due to someone else using your Platform ZA Account.

      If your Device is stolen or lost, or it is no longer in your possession, you may register again for the Platform on a new Device. It is in your best interests however to change your password if you believe that they may have been compromised in any way.

      Neither Platform ZA, nor its service providers will be liable for any loss or damages of any kind that may arise as a result of the unauthorised use of your Platform ZA Account, either with or without your knowledge.

      You can change your password as often as you want by logging into the Platform.


      5.  KEEPING YOUR PLATFORM ZA ACCOUNT SECURE

      You must keep your password secret and secure at all times.

      You are responsible for all use of your Platform ZA Account and your password. 

      Whenever a person uses the Services, or performs any other act, with your password or through your Platform ZA Account, we will treat this as if it was done by you and with your approval.

      You must take all reasonable and appropriate measures not to share, display in public, or make your password details available to any person who is not authorised to access your Platform ZA Account. If you do not, you give up any claim which you may have for any loss or damage you may suffer because you have not kept them safe. After your password has been entered, we will assume that any instruction is genuine. You accept that we cannot protect you if you do not keep your password secret or if someone obtains unauthorised access to your Platform ZA Account.  

      You must notify us immediately by sending us an email at admin@platformza.tv  if you suspect that another person has obtained unauthorised access to your Platform ZA Account, or password, or if you are aware of any unauthorised use of your Platform ZA Account or password. You will be responsible for changing your privacy settings on your Platform ZA Account as soon as you become aware of any unauthorised access or use.

      As far as the law allows, we will not be responsible for any loss or damage you may suffer if any other person uses your password or accesses your Platform ZA Account or the Services using your Platform ZA Account, without your approval or consent. You may also be liable for any losses incurred by any other party due to someone else using your Platform ZA Account.

      If your Device is stolen or lost, or it is no longer in your possession, you may register again for the Platform on a new Device. It is in your best interests however to change your password if you believe that they may have been compromised in any way.

      Neither Platform ZA, nor its service providers will be liable for any loss or damages of any kind that may arise as a result of the unauthorised use of your Platform ZA Account, either with or without your knowledge.

      You can change your password as often as you want by logging into the Platform.


      6.  GRANT AND SCOPE OF LICENCE TO USE THE PLATFORM

      Licence 

      For so long as you comply with these Terms, we grant you a personal, non-transferable, non-exclusive, non-sub licensable and revocable licence to download, install and use the Platform in the Territory on the Device for non-commercial purposes only.

      We do not give you any rights or licences to access or use the source code of the Platform.

      The licence to use the Platform is for your personal and non-commercial use only.

      Licence and Use Restrictions

      We may issue instructions, manuals, guidelines and directives from time to time relating to the use, implementation, operation and security of the Platform. You must comply with these instructions, manuals, guidelines and directives.

      You must notify us immediately if you suspect or discover any actual, threatened or suspected unauthorised use of the Platform.

      Except as expressly set out in these Terms or as permitted by law, you agree:    

      not to copy the Platform except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;    

      not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;

      not to make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with or become incorporated in, any other programs;    

      not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform, the technology forming part of the Platform or the content or attempt to do any such thing;

      not to use the Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Services or any operating system;

      not to infringe our Intellectual Property Rights or those of any third party;    

      not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;    

      not to introduce any Destructive Code into the Platform;    

      not to use the Platform in a way that could damage, disable, overburden, impair or compromise our systems, IT Facilities, security or interfere with other Participants;

      not to collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the Platform;    

      to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Services;    

      to provide or otherwise make available the Platform, in whole or in part (including any object code) in any form to any person without prior written consent from us,

      (the "Licence Restrictions").

      If you modify or attempt to modify your Device in any way or use software that is designed to modify your 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 Platform which are designed to operate with the Device according to the manufacturer's specifications.  Modifying the Device or its operating system may also result in the Platform not working at all.


      7.  HOW THE SERVICE WORK

        We shall make the Services available through the Platform. 

        After registering with the Platform and paid the annual admin fee, you will be able to sign-up to Stream Performances of Artists and/or Events and will be able to access an Event or Performance or Documentary after you have paid the prescribed fee for the particular Event or Performance (pay per view).


        8.  USING THE SERVICES

        Due to the fact that the platform is a URL website, you at least will only need internet access and browser to use the Platform. When accessing the platform via a App Gateway on your smart phone or tablet, you must ensure that you only use the latest version of the App. Where you have downloaded the App via the AppStore will notify you of any updates or upgrades that are available to you.If you do not install the latest version, the Platform may not work correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances.

        You can only access the Platform via one Device with the same Platform ZA registered Service. Where relevant, Participants will also be subject to the terms of the AppStore where you downloaded the Platform.

        The Platform or any of the Services may contain links to other Third Party Sites. Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies. You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.


        9.  FEES AND COSTS

          You will be charge ZAR 24.00 annual admin fee and a licence fee for each Performance or Event that you Stream via the Platform. The fee for a particular Performance or Event shall be displayed on the Platform and payment will be processed through the Platform by our payment processor using the payment methods that are displayed on the Platform. 

          When you download and access the Platform, you will be charged standard data charges by your network operator. Any questions related to your data costs must be sent to your network operator.


          10.  INTELLECTUAL PROPERTY

            All Intellectual Property Rights in and to the Platform and Services or contained in any documents (in electronic form or otherwise) relating to the Platform belong to us and/or our licensors. You do not have any Intellectual Property Rights in the Platform, or in any improvements or variations that may be made to them.

            All rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform or the Technology other than the right to use each of them in accordance with the terms of this Agreement.

            The licence granted to you above in section 2, are subject to the Licence Restrictions and you acknowledge that you have no right to have access to the Platform's source-code form.

            You acknowledge that you will not:    

            in any way represent that you have any rights of any nature (including Intellectual Property Rights) in any current and future Intellectual Property belonging to us or any third parties featured on the Platform;    

            apply for or obtain registration of our current and future Intellectual Property which may be confusingly similar to in any country;    

            challenge our rights in our current and future Intellectual Property in any country;    

            do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our current and future Intellectual Property or the reputation or goodwill associated therewith or with us and/or any third party featured on the Platform, or which would be expected to jeopardise or invalidate any registration of our current and future Intellectual Property;    

            use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta tags, email addresses, server names or search engine markers anything that is identical to, contained in whole or part, or is otherwise confusingly similar to our current and future Intellectual Property in any country;    

            establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Platform without our prior written consent.

              You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against us relating to your unauthorised use of the Services, the Platform the contents therein or any other Intellectual Property Rights flowing from them.

              Nothing contained in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property Rights without the express permission from us or such party that may own the Intellectual Property Rights.

              Any breach of this clause 10 entitles us, in addition to our other remedies available in law, to take legal action against you without prior written notice and you agree to reimburse the costs associated with such legal action on an attorney and own client scale.


              11.  TERMINATION AND SUSPENSION

                Suspension

                In addition to any other rights and remedies we may have in terms of these Terms or in law, we are entitled (but not obliged) to temporarily suspend all or part of the Platform or to suspend or terminate your right to access and use the Platform where we:    

                need to perform maintenance on, upgrades or updates to, the Platform or any of the systems, software, technology or other IT Facilities that we use to provide the Platform or the Services; 

                have reasonable grounds to believe that you are using the Platform recklessly, with gross negligence or with the intention to defraud or for fraudulent purposes;    

                have reasonable grounds to believe that you are engaging in any actual or suspected or threatened breach of the Licence Restrictions;    

                become aware of any actual, threatened or suspected unauthorised use of the Platform or your Device;    

                reasonably suspect that we are exposed to any risk through your use of the Platform and/or the Services;    

                reasonably suspect that you are attempting to compromise or interfere with the Platform;  

                reasonably believe that the security of your Devices or the IT Facilities used to provide the Platform may be compromised;    

                become aware of any information provided by you that is false, inaccurate, invalid, incomplete or misleading;    

                must do so to comply with the law; or    

                a court or regulator tells us to do this.

                  The suspension will continue for so long as we reasonably believe is appropriate.

                  We will notify you if we suspend part or all of the Platform or your use of the Services where it is reasonably practical to do so.

                  Without limiting our other rights and remedies in terms of these Terms or in law, if we exercise our suspension rights we will restore access to and use of the Platform as soon as reasonably practical after we become satisfied that the cause of suspension has been removed, avoided or completely mitigated.

                  Termination

                  You may deregister from using the Services at any time.

                  We reserve the right at any time and for any reason to terminate these Terms, the operation of the Platform and your right to use the Platform on 10 (ten) days prior written notice unless termination is required by law or it is reasonable to give less than 10 (ten) days, having regard to the reasons why we are taking these actions.

                  We may immediately terminate these Terms and your use of the Platform and Services without notice:

                     if you commit a material breach of any of these Terms;

                     if you breach any of the Licence Restrictions;

                         if you attempt to use the Platform outside of the Territory;

                         where we must do so to comply with law or to avoid breaching another person's rights; or

                         where a court or regulator tells us to do so.

                    Consequences of termination

                    On termination for any reason:

                           all rights granted to you under this Agreement shall cease;

                           you must immediately cease all activities authorised by this Agreement; 

                           you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control and certify to us that you have done so; 

                           you agree that we may remotely access the Devices and remove the Platform from all of the Devices and cease providing you with access to the Services.


                    12.  INDEMNITIES

                      As far as the law allows, you indemnify us and agree to hold us, our Affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:

                             your use of the Services;

                             your breach of these Terms or any applicable law'

                             your negligence or wilful misconduct;

                             you infringing or misusing any person's rights, including Intellectual Property Rights;

                             you performing any of the Licence Restrictions; or

                             any deliberate or unlawful act that you commit or a failure to act;


                      13.  DISCLAIMERS AND LIMITATIONS OF LIABILITY

                        Disclaimer of warranties

                        As far as the law allows, the Platform and Services and is provided to you on an "as is" and "as available" basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).  

                        As far as the law allows, we make no representations and give no warranties regarding (i) the operation, integrity, compatibility, availability or functionality of the Platform, or (ii) that the Platform and/or Services will:

                               be available or accessible at all times;

                               be uninterrupted, timely, error-free, secure or free from Destructive Code; or

                               meet your individual requirements.

                          Limitation of liability

                          As far as the law allows, we will not be responsible to you (and we disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from:

                                 any interruption or cessation of transmission to or from the Platform, or technology used by you or us to download, provide or receive the Platform or the Services;

                                 any Destructive Code which may be transmitted to or through the Platform and/or the Services;

                                 any defect, fault, malfunction and/or delay in your Device, or your IT Facilities, hardware and/or software;

                                 any defect, failure, fault and/or delay in connectivity to the Internet;

                                 any lost data arising out of the installation or use of the Platform;

                                 the use of the Platform in combination with any Third-Party Site;

                                 someone finding out your password;

                                 a third party gaining access to and using your information held by us;

                                 any event that we have no control over your network's coverage or availability of your Device's capacity or capability; and

                                 any unauthorised access to or use of our IT Facilities and/or any and all Personal Information stored therein. 

                            whether based on warranty, contract, delict or any other legal theory, and whether or not we have been advised of the possibility of such loss, liability, injury or damages.


                            14.    NOTICES

                              Any notices sent to us under these Terms, including legal notices, must be delivered to us at any one of the following addresses:

                                     By hand or post: 94 Gazelle Avenue, Corporate Park South, Randjespark, Gauteng, 1685. or

                                     By email: admin@platformza.tv 

                                These addresses are known in law as our domicilium citandi et executandi.

                                Any notices we send to you under these Terms, including legal notices, will be delivered to the address you provided upon registration or any other address which you have given us proper notice about.  If you change addresses but do not tell us you agree that you will accept notices, including legal notices, at the address which you provided at registration.

                                If you chose email as your preferred method of communication at registration, you agree that we may deliver notices, including legal notices, to your email address. 

                                These addresses are known in law as your domicilium citandi et executandi.

                                As far as the law allows, we both agree that any notice delivered under these Terms treated as being received:

                                       on the date of delivery, if delivered by hand to the physical address;

                                       10 days after posting, if sent by ordinary mail to a postal address;

                                       on the first business day after sending an email;

                                       at 09h00 on the first business day after sending a SMS to your mobile number.

                                  We have the right to send you notices about the following issues by SMS or email or through the Platform:

                                         notices that we intend to suspend or terminate your use of the Services or your use of the Platform; and

                                         notices that we have amended or updated any part of these Terms.

                                    You may not unsubscribe to receive notices from us regarding the above information. If you have deactivated your notifications on your Device settings, we cannot be responsible for you not receiving such notifications.


                                    Direct marketing

                                    We may send you notices from time to time about marketing offers, newsletters or other recommendations or information which we may think will be relevant or interesting to you where you have consented to receiving such communications.

                                           You may unsubscribe from these communications at any time, by following the unsubscribe link in the communication.

                                           You can also contact us via marketing@platformza.tv for assistance in unsubscribing from marketing communications.


                                    15.  CONSUMER PROTECTION ACT, ECT ACT AND OTHER LAWS

                                      If these Terms or the Services provided and/or made available on the Platform is regulated by or subject to the Consumer Protection Act, the ECT Act or other laws it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act, the ECT Act or other laws. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, the ECT Act or other laws are complied with.

                                      No provision of these Terms:

                                             does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

                                             requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 

                                             limits or excludes any warranties or obligations which are implied into these Terms by the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), the ECT Act (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.


                                      16.  MISCELLANEOUS

                                        Should you experience any technical difficulties with any aspect of the Platform or Services you may contact our technical support team at support@platformza.tv 

                                        We may update these Terms from time to time upon written notice to you. Your continued use of the Services and Platform will be deemed an acceptance to these Terms.

                                        These Terms and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you.

                                        We may, at any time, transfer, delegate or assign any or all of our rights and obligations under these Terms. 

                                        These Terms shall apply for the benefit of and be binding upon each party's successors and assigns.

                                        These Terms and the relationship between us shall be governed by the laws of the Republic of South Africa and in particular the rules and regulations as stipulated by the Payment Association of South Africa.  As far as the law allows, you agree to submit to the non-exclusive jurisdiction of the courts located in Johannesburg, South Africa. 

                                        Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. 

                                        These Terms makes up the whole agreement between you and us relating to the license of the Platform. As far as the law allows, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the Platform that is not written in these Terms.

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