Terms and Conditions
Consumer Protection Rights Notice
Website and WAP site Privacy Notice
Email Legal Notice
Access to Information
movies.7.am TERMS AND CONDITIONS
- Introduction
- This Website Terms and Conditions derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002.
- This Agreement serves to comply with legislation that affords visitors to and users of the movies.7.am Website rights and to inform them of their obligations when visiting or using the movies.7.am Website.
- If a visitor to or user of the movies.7.am Website does not agree with these Website Terms and Conditions of Use, they should leave the movies.7.am Website. Continued use constitutes agreement.
- Interpretation
- The headings to the clauses of this Website Terms and Conditions are for reference purposes only.
- Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related expressions will be interpreted with corresponding meanings:
- “AFSA” means the Arbitration Foundation of Southern Africa;
- “Acceptance Date” means the date on which You visit and / or use the movies.7.am Website and / or any other movies.7.am website that links to this movies.7.am Website and agree to these Terms and Conditions of Use by browsing;
- “CPA” means the Consumer Protection Act, 68 of 2008;
- “Do Not Contact” or “DNC Registry” means the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations, Vol. 550 No 34180;
- “Domain Name” means an identification label that defines administrative autonomy, authority or control on the Internet and includes host names that identify internet protocol resources such as websites and WAP sites;
- “ECT” means the Electronic Communications and Transactions Act 25, of 2002;
- “ECT Required Information” means the information required to be made available in terms of section 43 of ECT;
- “Electronic Transaction” means business, of either a commercial or non-commercial nature, and includes the provision of information, specifically, the Information made available on the movies.7.am Website;
- “Goods” means the things defined in CPA and includes information written or encoded on any medium, such as a website or WAP site and / or a licence to use such information;
- “Information” means facts or details about something or somebody, and includes the facts and details on movies.7.am and the Legal Notices published on the Website;
- “Intellectual Property” means the rights in and to copyright in any work in terms of the Copyright Act, 98 of 1978 and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, 194 of 1993, the rights in respect of a design conferred by the Design Act 195 of 1993, the rights conferred by the Patents Act, 57 of 1978, including any applications for the any of these and any names, licenses, know-how, trade secrets and data associated with the these and, rights to domain names;
- “Legal Notices” means this Website Terms and Conditions together with any other notices published on the movies.7.am Website from time to time including, but not limited to the movies.7.am Privacy Notice, Consumer Protection Rights Notice and Email Legal Notice;
- “Parties” means movies.7.am and the visitor or user (or “You”) and “Party” means either one of these as the context requires;
- “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
- “Record” means information required to be retained in compliance with South African law, movies.7.am or, information that may be required as evidence;
- “Services” means the things defined in CPA and includes the provision of, access to, or right of access to information, entertainment or similar intangible things;
- “movies.7.am Business Affiliate” means any natural or juristic person that is connected with movies.7.am and which includes but is not limited to an association, partnership or other commercial relationship that exists or may exist between movies.7.am and third parties;
- “movies.7.am Marks” means any trade marks, service marks, logos, domain names or other marks of movies.7.am, whether registered or not;
- “movies.7.am Service Offering” includes but is not limited to mean streaming Services, Subscription Services and Competitions;
- “movies.7.am Website” means the website owned and operated by movies.7.am located at http://movies.7.am;
- “Uncontrollable Event” means fire, flood, earthquake, acts of nature or of God, riots, civil disorder, rebellions or revolutions in any country or any other cause beyond the control of movies.7.am including the disruption, suspension or termination of Services provided by a third party to movies.7.am that may result in the movies.7.am Website not being available;
- “WAP Site” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser using the Wireless Application Protocol as an open international standard to provide WAP browser or WAP Site functionality for small mobile devices through software applications;
- “Website” means a collection of web pages containing information, images, videos other digital assets accessed through a web browser and displayed on a monitor or mobile device hosted on a web server and accessible via the Internet and will, in these Terms and Conditions, include WAP Sites;
- “Web Browser” means a software application used to retrieve, present and traverse information resources on the World Wide Web;
- “Writing” means a written document that excludes, either wholly or partly, any part of a data message as defined in ECT; and
- “Signed” means a signature executed by hand with a pen and without any electronic process or intervention.
- Any reference in this movies.7.am Terms and Conditions to:
- A “clause” will, subject to any contradiction, be interpreted to mean a clause in this movies.7.am Terms and Conditions;
- A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure; and
- A “person” will be interpreted to include a natural or juristic person.
- Unless inconsistent with the context, an expression which denotes:
- Any one gender includes the other genders; and
- The singular includes the plural and vice versa.
- Any reference to an enactment in this movies.7.am Website is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time.
- The rule of construction that, in the event of ambiguity, the movies.7.am Terms and Conditions shall be interpreted against the Party responsible for the drafting or preparation of the movies.7.am Terms and Conditions, shall not apply.
- Commencement, Availability and Termination
- The visitor or user of the movies.7.am Website must be at least 18 years of age to use the Service/s, or, if you are not at least 18, you may use the Service/s only with the permission of your parent or guardian.
- These Terms and Conditions will commence on the Acceptance Date and continue indefinitely until amended or terminated by movies.7.am.
- movies.7.am reserves the right to amend these Terms and Conditions as and when necessary and entirely at movies.7.am’s discretion. It is your responsibility to check the movies.7.am Website periodically for changes. Your continued use of or access to the Just local Website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
- movies.7.am reserves the right to change or to discontinue any aspect or feature of this movies.7.am Website at any time including, but not limited to content, availability and access requirements.
- movies.7.am will take all reasonable steps to ensure that the visitor or user can get access to all archived versions of these Terms and Conditions.
- Intellectual Property
- The movies.7.am Website comprises Intellectual Property including, Domain Name, copyright, trade mark, design and patent, protected under South African law and international treaties. Unless otherwise indicated movies.7.am reserves all rights in and to the Intellectual Property owned by or licensed to movies.7.am.
- You may make a temporary copy of part or all of the Website on Your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to movies.7.am. Subject to the limited license granted to the visitor or user by movies.7.am, You may not in any form or by any means, without the prior written consent of movies.7.am:
- Commercially exploit reproduce, distribute, display, transmit, publish or broadcast any movies.7.am Website content;
- Claim ownership of all or any part of the movies.7.am Website content;
- Modify or repost the movies.7.am Website content;
- Create a link to the movies.7.am Website from another website; or
- Copy, incorporate, store, frame or embed all or any part of the movies.7.am Website content on another Website or retrieval system.
- movies.7.am Marks referenced on the movies.7.am Website are the registered or unregistered Intellectual Property of movies.7.am. Any unauthorised use of these assets is strictly forbidden.
- Third party Intellectual Property assets, including but not limited to patents, names, goods and services referenced on the movies.7.am Website are the Intellectual Property of the respective third parties. Any unauthorised use of these assets is strictly forbidden.
- Registration
- In order to access the Service/s You will be required to register.
- When you register for the Service/s you will be requested to choose a username and password.
- You are responsible for keeping your username and password confidential and You must take the necessary precautions to prevent them from being disclosed to anyone else.
- If You have any reason to believe that the confidentiality of your username or password has been compromised, You must immediately inform us at support@movies.7.am.
- If we have any reason to believe that the confidentiality of your username or password has been compromised, we may restrict your access to the Service/s until You have changed the username or password.
- Prices, Payment and Access Period
- All of our Prices in relation to the Service/s are set out on the Website and may change from time to time.
- If You select the Subscription option then You authorise movies.7.am to charge You such Subscription for each Subscription Period automatically.
- Subject to clause 8.1 below, once You have paid the Price You will not be entitled to a refund in respect of any Content, even if You did not view the Content or You only partially viewed the Content by the time your Access Period expired.
- Prices do not include the charges by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection that is required to use the Service/s, which is for your account.
- You must view the Content prior to the end of the relevant Access Period. The Access Period will not be extended if You stop or pause the Content.
- Broadband Requirements
- The Service/s is provided to You via a mobile or fixed broadband internet connection. movies.7.am will not be held liable if the Service/s is suspended, interrupted or not available to You due to broadband internet connection interruptions, slow connections or congestion.
- You will be responsible for any charges, costs and/or fees levied by your mobile network operator and/or internet service provider in relation to the provision of the broadband internet connection necessary to access the Service/s.
- You are alerted to the fact that the Service/s can be extremely data intensive and the charges for such data arising from the use of the Service/s can be substantial. It is your responsibility to check the data tariff applicable to You and make sure that You are familiar with the charges, costs and/or fees levied by your mobile network operator and/or internet service provider for such data.
- Cancellation of the Service/s
- In terms of section 44(1) of the ECT Act, once You have paid the Price You will have 24 hours within which to cancel the transaction, provided You have not made use of the Service/s by accessing any of the Content. If You have accessed any Content during the aforesaid 24-hour period, then You will not be entitled to any refunds.
- You may also cancel your Subscription at any time as referred to in clause 8.1 above. If You do so then:
- You will continue to have access to and use of the Service/s during the remaining term of that Subscription Period; but
- You will be liable for the Price relevant to the Subscription Period to which that Subscription relates, but not for any subsequent Subscription Period.
- Cancellation, Suspension or Restriction of the Service
- movies.7.am can cancel this Service/s at any time and for any reason. Except as otherwise specified in clause 9.3 below. If we cancel this Agreement and:
- You pay a Subscription to use the Service/s, You will have access to the part of the Service to which the Subscription relates for the remainder of your current Subscription Period; and/or
- You will have access to Content purchased by way of a daily subscription service payment.
- Some of the Content we provide is supplied by third parties. The availability of such Content is outside our control and we may be unable to make certain Content available via the Service/s or we may be unable to show Content on certain Devices.
- We may immediately suspend or restrict your use of all or any part of the Service/s:
- if your payments are outstanding;
- if You breach these Terms and Conditions;
- for technical or operational reasons;
- if we consider that You have committed or may be committing any fraudulent activity against movies.7.am or against any other person through your use of the Service/s; or
- if You act in a way towards our staff or agents which we consider to be inappropriate.
- movies.7.am can cancel this Service/s at any time and for any reason. Except as otherwise specified in clause 9.3 below. If we cancel this Agreement and:
- Information and Record Retention
- movies.7.am is committed to complying with legal, business and evidential requirements for information and record retention.
- movies.7.am will use reasonable endeavours to ensure the security, including the confidentiality, integrity and availability of any information that the visitor or user provides to movies.7.am through the “Contact Us” or email functionality associated with this movies.7.am Website. It is nevertheless the visitors or user’s responsibility to keep records and backups of Your information.
- Any personal information You provide will be processed in line with the movies.7.am Privacy Notice published on the movies.7.am Website as a Legal Notice.
- Acceptable Use of the Website and Email Functionality
- The Website includes functionality that enables the visitor or user to contact movies.7.am by email and for movies.7.am to respond by email.
- You hereby agree to generally acceptable website and email etiquette. In this regard You will be deemed to have read the movies.7.am Email Legal Notice and other Legal Notices published on the movies.7.am Website and incorporated into these Terms and Conditions by reference.
- movies.7.am is committed to complying with legislation and ensuring the availability of its Website and related email functionality to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, the visitor or user agrees not to use the Website and related email functionality in a way that:
- Is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of movies.7.am’s systems and networks;
- Interferes with the use or enjoyment of other persons access to or use of the movies.7.am Website and related email functionality;
- Infringes Intellectual Property rights;
- Results in the publication of threatening or offensive material that is disrespectful of the rights of others;
- Results in unsolicited communications;
- Is a security risk; or
- A violation of privacy.
- You remain personally liable for the consequences of any contravention of these provisions and / or failure to comply with law.
- Should You become aware of any unacceptable use of the Website or related email functionality, please contact support@movies.7.am.
- Monitoring, Interception and Access to Information
- To comply with law and in line with international standards and best practice relating to the use of information technology in its business, movies.7.am monitors and intercepts live communications such as email and website activity in compliance with RICA.
- Subject to the provisions of ECT, South African and international privacy principles, movies.7.am will where necessary and if required by law, access static information created, received, communicated and stored by movies.7.am as part of its business.
- Subject to the provisions of RICA and ECT, the visitor or user agrees to monitoring, interception and access to information relating to the use of the movies.7.am Website and related email functionality.
- Governing Law
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
- Communication
- You agree that movies.7.am may from time to time send You communications regarding, but not limited to the movies.7.am Service Offerings, which include both Goods and Services as defined in CPA.
- The visitor or user will always have the choice to:
- Inform us in writing that You do not wish to continue receiving communications; or
- Block any communications by registering on the DNC Registry as contemplated in CPA.
- Complaints
- YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO movies.7.am FIRST, IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT BEFORE YOU PROCEED TO ANY RELEVANT AUTHORITY.
- In this regard, please direct all complaints to support@movies.7.am.
- Alternative Dispute Resolution
- SUBJECT TO CLAUSE 15 ABOVE, AND WITHOUT RESTRICTION ON ANY OF YOUR RIGHTS TO APPROACH A COMPETENT COURT OR FORUM OF YOUR CHOICE, RELATING TO A DISPUTE ARISING FROM THESE TERMS AND CONDITIONS, YOU AGREE TO CONFIDENTIAL ARBITRATION PRIOR TO PROCEEDING TO COURT OR OTHER FORUM.
- THE VISITOR OR USER AGREES THAT ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE FINALLY RESOLVED IN ACCORDANCE WITH THE RULES OF THE AFSA BY AN ARBITRATOR OR ARBITRATORS APPOINTED BY THE FOUNDATION AND THAT SUCH PROCEEDINGS SHALL BE HELD IN JOHANNESBURG IN ENGLISH.
- THE VISITOR OR USER EXPRESSLY ACKNOWLEDGES THAT THE ARBITRATION PROCEEDING AGREED TO IN 16.2 ABOVE PREVENTS YOU FROM ENTERING INTO A CLASS ACTION LAWSUIT AGAINST movies.7.am IN RELATION TO ANY DISPUTE ARISING FROM THIS AGREEMENT.
- Nothing herein shall preclude either Party from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
- Enforceability
- These Terms and Conditions constitute the entire agreement between movies.7.am and the visitor or user in regard to the subject matter thereof and no addition to, variation, modification or consensual cancellation of these Terms and Conditions shall be of any force or effect unless recorded in a Written document and Approved by or on behalf of the duly authorised representatives of the Parties.
- Any data message as defined in ECT, or a copy, printout or extract of such a message Approved by an authorised movies.7.am officer will be absolute proof of the contents of the copy, printout or extract of such a message.
- No failure or delay on the part of any Party in exercising any right in terms of these Terms and Conditions shall operate as a waiver nor, shall any single or partial exercise of any right prevent any other or further exercise thereof, or the exercise of any other right.
- Should any clause or term of these Terms and Conditions be invalid, unenforceable or illegal, the remaining terms and provisions of the Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of these Terms and Conditions.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED IN LAW, THE VISITOR OR USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USE OF THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. movies.7.am SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU, WHETHER ARISING FROM A VISIT TO OR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS OR OTHERWISE.
- Links to external Third-Party Websites
- movies.7.am may provide links from the movies.7.am Website to external third-party websites. Any such link is provided for the visitor or user’s use and convenience and does not constitute an endorsement, recommendation or certification by movies.7.am of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with movies.7.am. movies.7.am is not responsible for the content or practices of any such website accessed from the movies.7.am Website through these external links.
- No Warranty
- THIS WEBSITE HAS NOT BEEN CUSTOMISED FOR ANY SPECIFIC INDUSTRY OR INDIVIDUAL NEED AND IS PROVIDED TO THE PUBLIC AS A WHOLE WITH THE RESULT THAT THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, FITNESS FOR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. movies.7.am WILL ENDEAVOUR TO TAKE ALL REASONABLE CARE TO ENSURE THE ACCURACY OF INFORMATION AND THE AVAILABILITY OF THE WEBSITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. AS SUCH, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Indemnity
- TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD movies.7.am, ITS PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
- VISITING OR USING THE WEBSITE;
- DOWNLOADING DATA, TEXT, IMAGES;
- RELIANCE ON THE WEBSITE CONTENT;
- LINKS TO OTHER movies.7.am OR THIRD-PARTY WEBSITES;
- HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR
- ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE movies.7.am WEBSITE.
- Skill, Diligence and Care
- movies.7.am will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
- TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY AND UNRESERVEDLY INDEMNIFY AND HOLD movies.7.am, ITS PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND / OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
- ECT Required Information
-
movies.7.am
Name
movies.7.am
Physical address and the address for receipt of legal service of documents
15 Eastwood Road
Dunkeld
2196
Johannesburg
Postal address
PO Box 412041
Craighall
2124
Phone numbers
+27 (0)11 507 4779 (switchboard)
+27 (0)11 507 4630 (customer care)
Website address
Email address
Terms of agreement and URL to access terms
Alternative dispute resolution code subscribed to
Security procedures and privacy policy
avoid suppliers’ obligations and duties in terms of the Act
-
Department of Trade and Industry (DTI) – Complaints
Consumer helpline via the DTI Customer Contact Centre
0861 843 384
The DTI Office of Consumer Protection (OCP)
+27(0)12 3941436 / 1558 / 1076
The DTI email address
The DTI website address
-
National Consumer Tribunal (NCT) - Complaints
The NCT phone number
+27 (0)12 663 5615
The NCT email address
The NCT website
-
National Consumer Commission (NCC) - Complaints
The NCC phone number
0860 266 786
The NCC email address
The NCC fax number
0861 515 259
-
The Wireless Application Service Providers Association (WASPA) - Complaints
The WASPA phone number
+27(0) 476 7710
The WASPA email address
The WASPA website
The WASPA fax number
086 606 2016
-
The Direct Marketing Association of South Africa (DMASA) - Complaints
The DMASA phone number
+27(0)11 781 8032
The DMASA email address
The DMASA website
The DMASA fax number
+27(0)11 326 1198
The DMASA National Opt-Out Register
-
movies.7.am
Name
movies.7.am
Website address
Email address
Codes of conduct subscribed to
Wireless Application Service Providers Association
Direct Marketing Association of South Africa
URL to code of conduct
Terms of agreement and URL to access terms
-
movies.7.am’s Privacy Information Officer
Name
Lisa Hodge
Email address
-
movies.7.am
Name
movies.7.am
Website address
Email address
1 Overview and Introduction
1.1 The Promotion of Access to Information Act
The Promotion of Access to Information Act, 2 of 2002 (PAIA), was legislated to give effect to the constitutional right of access to information held by the state and information that is held by another person. The Act facilitates access to information that is required to exercise or protect a right.
movies.7.am is bound to give effect to the purposes of this legislation and to process a request made in terms of the Act.
This information document provides an outline of the types of records held by movies.7.am and explains how a request for access to the records should be made.
1.2 The South African Human Rights Commission
The South African Human Rights Commission (SAHRC) is the national institution established to entrench constitutional democracy and appointed to administer the Act. Should you require further information please visit the Commission’s website http://www.sahrc.org.za.
1.3 About movies.7.am
movies.7.am is a video on demand service subject to the laws of South Africa.
-
movies.7.am
Name
movies.7.am
Website address
Email address
2. movies.7.am Access to Information Officer
-
movies.7.am Access to Information Officer
Name
Lisa Hodge
Email Address