1. These terms and conditions govern the relationship between you, Vodacom and its affiliates (“Vodacom”) and Multichoice Support Services Proprietary Limited (“MSS”) (together “Us” or “We”) regarding the Showmax Promotion and related features (the “Service”). Use of the Service is also governed by the Privacy Policy which is incorporated herein by reference. These terms and conditions for the Service shall be read together with the Showmax Terms and Conditions available at: https://faq.showmax.com/eng/legal/za/service-terms-za, together referred to as the (“Terms and Conditions”).
2. The Showmax Data Bundle offer provides you with data to stream or to sync and/or to access the Showmax application and Showmax service on https://www.Showmax.com/ (“URL”) when you subscribe to the Service. Existing customers will need to cancel their existing subscription and re-subscribe to the Service with this proposition in order to qualify for the promotional offer. By subscribing to the Service you agree to the Terms and Conditions.

Your Acceptance of these Terms and Conditions

3. Vodacom and MSS are the provider of the Service and the Showmax Promotion (set out in paragraph __ below) in its various formats accessible via mobile devices. Please read these Terms and Conditions and the Privacy Policy carefully before using the Service or submitting information through the Service. By using the Service or submitting information through the Service, you are agreeing to these Terms and Conditions. If you do not agree, please do not use this Service or submit any information through the Service. We reserve the right, at any time, to modify and update these Terms and Conditions from time to time by posting such updated Terms and Conditions on the Vodacom and/or Showmax website. Any such updates shall apply to you and your use of the Service and by continuing to use the Service, you shall be deemed to have accepted such changes.

General

4. As a user of the Service, you will subscribe for this Service on a recurring basis making you a paying user (“Subscribed”). As a Subscribed user, you will be asked to submit personal information to us. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law and the Privacy Policy incorporated by reference into and form a binding part of these Terms and Conditions. If you do not agree with our Terms and Conditions please do not provide us with any personal information, and please do not use the Service.
5. By being Subscribed, you agree to the following additional rules upon successful initial registration for the Service:

5.1 you will be charged a subscription fee of ZAR 69,00 (sixty nine Rand) per month ) (incl. VAT) (the “Fee”) for the Service.

5.1.1. If you are a pre-paid or top-up customer:

1.  
   1.  
      1. the Fee will be deducted from your available airtime balance monthly. You acknowledge that you must have enough airtime available to pay the Fee to continue to use the Service;
      2. if you fail to pay the Fee in full, Vodacom may at its sole discretion suspend or terminate your subscription to the Service;
      3. only one subscription is permitted per mobile number. Vodacom and non-Vodacom (where they are able to do so) users within the Republic of South Africa may subscribe.

5.1.2 If you are a contract customer, the Fee will be set out in your monthly statement. If you do not pay your monthly Fee, your subscription may be suspended by Vodacom in its discretion.

6. You acknowledge that you will only be able to access the Service once Subscribed.
7. You give us consent to provide you with various messages about / based on your interaction with the Service. These messages will be delivered to you in the form of text messages sent to your mobile device using the mobile number identifying you as the Subscribed user of the Service. These messages include, but are not limited to:

a) periodic messages to encourage, or remind you to browse or access the Service;

b) messages inviting you to share, voluntarily, data about yourself or your preferences;

c) messages inviting you to try alternate versions of the Service based on Vodacom’s knowledge of the device you are using to access the Service;

d) confirmation messages relating to your subscribing for, or cancellation of, the Service;

e) messages inviting you to rate the Service’s quality and your opinion of your experience of the Service as measured by the metric scale provided; and

f) messages relating to the earning, notification and servicing of rewards.

6. You may opt out of the messages above except for the system messages which are mandatory in order for us to correctly administrate your use of the Service. To opt out of the messages, you are advised to make use of the functionality on the Service settings to cancel messages, or alternatively, to send an opt-out message request: SMS STOP To 30881 or dial *135*181.
7. You will not be charged for interactions that you will have with the Service via SMS. Data charges may apply for accessing the Service on website
8. You accept that the Service’s default language is English.
9. Subscribed users may cancel the Service in entirety at any time via the Service menu. When cancelling the Service, you accept that your old profile and preferences will be retained for a 6 (six) month period and for no longer than 5 years (only if necessary), and in order to facilitate a convenient experience should you choose to re-subscribe at a later stage within the 6 (six) month period.
10. You acknowledge that any subscriptions in error will be billed. For your protection, we ask you to confirm all purchases twice.
11. You acknowledge that we reserve the right to offer the promotional Showmax data, other Vodacom data, promotions or prizes to you on a discretionary and promotional basis, and this can change at our discretion at any time.

Rewards & Prizes (where applicable)

14. If applicable and to be eligible for rewards from the Service, you acknowledge that you need to have an active subscription for the Service.
15. You acknowledge, understand, and agree that for your subscription to the Service does not guarantee any prizes or rewards from the Service. We shall not have any liability for such loss or damage while using the Service.
16. Where applicable, prizes may not be substituted or transferred. All taxes associated with the receipt or use of any prize is the sole responsibility of the winner. If any legal authority contests the awarding of a prize, we may, in our sole discretion, determine whether to award such a prize.
17. Rewards can only be earned by Vodacom customers. Any non-Vodacom customers will be unable to earn rewards due to their being active on a different network. You acknowledge that this is outside of Vodacom’s control and you indemnify Vodacom from any inconvenience caused by this.
18. Only the qualifying Vodacom mobile number that is subscribed to the Service, can earn rewards.
19. In the event that you terminate your Vodacom contract, you accept that you forfeit the use of any unused rewards by that point as well as the earning of future rewards from that point.

Subscription Rules for Promotional Offer:

20. The Promotional Offer of the Service is as follows:

•  
  • Showmax Mobile Only subscription at R69 (sixty-nine Rand) (including VAT), entitling you to receive the following:

1.  
   1. 10GB Showmax URL Data every month for the first 3 months; and thereafter
   2. 3GB Showmax URL Data per month.
2. Customers can subscribe to the Promotional offer above by dialing *135# or by visiting the Vodacom or Showmax websites.
3. You are electing to use the Service on a month-to-month in which instance you will be able to cancel the Service at any time before the expiry of the current month of use. To deactivate the recurring bundle, customers need to visit the Vodacom and/or Showmax websites or contact the Vodacom Customer Care centre.
4. Any existing in-bundle usage and any other loaded data in your account will not be consumed until the Service is depleted or expires. You can check your bundle balance for the Service by dialing *135#, and choosing option 1 – balances or via the VodaPay App.
5. The subscription process (and terms and conditions) required for Showmax shall at all times be applicable and shall constitute an agreement between you and MSS. Vodacom shall not be liable for any unavailability, faults glitches, bugs or technical issues with the Showmax application and/or URL. Furthermore, Vodacom shall not be held liable for any damages or loss howsoever arising that you may suffer due to use of the Showmax application and/or URL.
6. No Showmax Data pro-ration will occur.
7. If you use the applications outside of the Service, you will be charged as per your existing tariff plan. If you follow a link outside the Showmax application and/or URL, normal data rates will apply as per your existing tariff plan.
8. The Showmax Data Bundle depletion will not occur for any banner advertising or in-stream advertising that may be present within the Service.
9. The Showmax applications and/or URL may contain third party advertisements, content, materials, and/or links to third party services and / or websites that are not owned or controlled by Vodacom. Vodacom assumes no responsibility for, the content, privacy policies or practices of any third-party websites or applications. In addition, Vodacom does not and cannot censor or edit the content of any third-party website. When you visit third party websites, Vodacom encourages you to read the Terms and Conditions and privacy policies of the other websites. By using the Service, you expressly release Vodacom from all liability arising from your use of any third-party website or as a result of any third-party services.
10. You cannot use the Services when you are roaming. Whilst roaming the use of the Showmax application and/or URL will be charged at your existing tariff plan.
11. If you do a price plan migration, whilst using you have an existing active Service, such Service shall be carried over to the new price plan.
12. If you do a price plan upgrade, you will be able to add the Service to your upgraded price plan.
13. Vodacom reserves the right to terminate or change the Service at any time and for whatsoever reason on reasonable notice. Vodacom further reserves the right to amend these Terms and Conditions at its sole discretion and without notice to you. You have the responsibility to at all times familiarise yourself with the amended Terms and Conditions.

Your Obligations and Entitlements:

33. Vodacom and/or its appointed partner reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Service itself. We reserve the right to act as a result, which may include, if relevant, terminating your subscription and prohibiting you from using the Service. Said termination and prohibition may occur with or without notice to you, and as a result may involve the loss of any benefits, privileges or earned items associated with your use of the Service, and we are under no obligation to compensate you for any such losses or results.

How to unsubscribe:

34. You are entitled to unsubscribe from the Service at any time and for any reason by following the “cancel” prompts available within the Service menu, via the following ways:
35. Self Service on Showmax App or Web; and
36. Calling Vodacom Customer Care: 082 135.

Limitation of Liability:

35. You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we and our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or services linked to these Service and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (iii) any unauthorized access to or use of servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses or the like which may be transmitted to or through the Service by any third party; or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
36. To the extent permitted by applicable law, in no event shall we or our subsidiaries and affiliates, and their respective officers, directors, owners, agents, employees, representatives and licensors be liable for any special, incidental, indirect, consequential, punitive or exemplary losses or damages whatsoever or for loss of profits (including, without limitation, damages for loss of revenue, loss of data, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) and whether arising from breach of contract, damages (including negligence), strict liability or otherwise, arising out of the use of or inability to use the Service or its content, or any product or service described or provided through the Service.
37. Save to the extent permitted by law, you agree to indemnify, defend and hold harmless Vodacom from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of the Service by any other person, whether or not authorized by you; (ii) your breach of these Terms and Conditions, including any breach of your representations and warranties herein; and (iii) your violation of any law or (iv) your use of or inability to use the Service, the contents, any hyperlinked website, and any of the products and services made available on the Service thereof.
38. These terms and conditions must be read in conjunction with the Showmax Terms and Conditions – Global, and the Vodacom Showmax Data Deal Promo Terms and Conditions

Showmax Subscription Plans

GENERAL

1. Showmax is a subscription Video on Demand service that gives you access to thousands of hours of local and international television shows, movies and series available on smartphones, PCs, tablets and Smart TVs.
2. Vodacom offers the service in partnership with Showmax who is the service provider for the service.
3. Showmax Terms of Use & Conditions apply concurrently with these terms and conditions and are available for review at https://www.showmax.com/eng/service-terms.\
4. The use of the Showmax service requires an Internet connection.
5. The Showmax service is available as a Value Added Service to all Vodacom customers.
6. The Showmax subscription will be billed at the rate you accepted at the time of charging your subscription to your Vodacom bill and could be either
   1. Showmax Mobile plan R39.00 per month (VAT inclusive).
   2. Showmax plan R99.00 per month (VAT inclusive).
   3. Showmax Pro Mobile plan R225.00 per month (VAT inclusive)
   4. Showmax Pro plan R449.00 per month (VAT inclusive)
   5. Or any other amount accepted if bundled with data propositions from Vodacom
7. Billing
   1. Showmax subscriptions are billed in advance.
   2. Showmax will send customers an email notification 1 day before their monthly subscription anniversary date notifying them of the next subscription billing charge that will be applied to their Vodacom bill.
   3. If the subscription renewal billing is not processed for reasons such as expiration of the payment instrument or insufficient funds on the payment instrument, then Showmax will suspend the subscription until the customer has been successfully billed. Renewal of the access to Showmax service will be processed without delay when the customer has been successfully billed.
   4. Showmax will attempt to bill a customer for their recurring subscription as follows:
      1. At the time of subscription anniversary date
      2. 10 minutes after subscription expired
      3. 1 hour after subscription expired
      4.  25 hours after subscription expired
      5. 73 hours after subscription expired
   5. No grace period will be applied for billing cycles. Subscription suspend notifications due to unsuccessful billing will be sent after the third attempt which is 1 hour after the subscription was suspended.
   6. The date you accept the 1st billing and activate the service will be your billing date every month if you have selected a recurring subscription until cancelled by yourself or Vodacom.
   7. Once you have subscribed to the Showmax service, your Vodacom monthly invoice will display your monthly subscription with the appropropriate description.
8. Switching Subscription plans
   1. Please see the table below for a detailed explanation of how the billing and credits will be managed when you switch from one subscription plan to another.
       

1. Subscription Cancellations
   1. Your Showmax subscription cancellations can be done on the Showmax website via MyAccount. Steps to follow are:
      1. Sign in to www.showmax.com;
      2. Go to "MyAccount";
      3. Select "Manage subscription"
      4. Click on "Cancel subscription".
   2. If a customer closes their Vodacom account, the next Showmax subscription billing will automatically fail and this subscription will be suspended.
   3. Access to Showmax will continue post cancellation until the existing subscription days run out.  
2. Data bundles
   1. Streaming or downloading of Showmax content will deplete the data from the internet connectivity that is being used to access the service. Data will be charged at standard data rates as per your subscriber tariff plan with your respective service provider.
   2. Customers can use general data to watch Showmax with or purchase specific Showmax data bundles. Dial *135# to purchase your data bundles via USSD or connect to the VodaPay app. 
3. Trial periods
   1. Free trials are applicable to new Showmax customers subscribing to a Showmax Mobile   and  Showmax Plans only when adding it to your Vodacom bill.
   2. No Free trials are applicable to the Showmax Mobile Pro and Showmax Pro plans.
   3. Please see the table below for a detailed explanation of the different changes between plan types and how the free trial will be managed.

4. Technical Parameters for Showmax Mobile
5. The Showmax Mobile and Showmax Mobile Pro plans are subject to the following product features, that are unlike that of the Showmax and Showmax Pro plans:
   1.  Only 1 device can be registered;
   2.  Only 1 concurrent stream can be viewed;
   3. Playback is on mobile devices only;
   4. Standard Definition (SD) quality streams only;
   5. Casting and Airplay is disabled, but downloads of Showmax Content are enabled