Kwesé – Terms and Conditions


Welcome to Kwesé (“we” or “us”). We are a video on demand service provider, giving our customers access to digital content by means of streaming or temporary download to a computer, tablet, smart phone, or other mobile device (each of which is referred to as a “device”). The service comprises of programmes or live events. See our website for further details at www.kwese.com (“website”).


Acceptance of terms and conditions
By accessing the Kwesé service (the “service”) you agree to be bound by these terms and conditions, which are posted on our website, as amended from time to time. These terms and conditions are in addition to any other terms, conditions or limitations set out in your contract with your local network provider (“ISP”), or any usage rules or restrictions set out in the product pages on our website. Please read these terms and conditions carefully. If you do not agree with them you should not use the service.


Changes to terms and conditions and Services
We may from time to time change these terms and conditions. Any changes will be effective immediately. However for existing subscribers to Kwesé, unless otherwise stated, changes shall become effective at the beginning of your next subscription period.
We may vary the Kwesé subscription or rental charges from time to time. Any price changes will be communicated by us, or our local sales/billing agent or via our website.


Privacy and Communications
We may use your personal information in accordance with our privacy policy which governs your use of our website and services and which can be accessed here
You agree to receive electronic communications from us relating to your account or the service whether by email to the email address provided during registration, by SMS to your mobile, or by posting notices on our website to your account page. This may include communications relating to authorisations, these terms and conditions, payment, confirmations and other transactional information. You consent to receive notices in this manner for all contractual and legal purposes.
We may also send you marketing information, including special offers, customer surveys and other communications via these methods.  Please review our privacy policy here


Eligibility to view Kwesé services
You must be over 18 to register an account with us. To access our services you must create a user account by signing a service order with us or our sales agent or by registering on our app. You must set up a payment method using credit card, payment voucher or other payment method accepted by us or our billing or sales agent. remove this for now


Limitations on use of the Service
You may only view content on Kwesé in the country in which you registered your account and where we have licensed such content (“Territory”).
The service is intended for home use only. Any content provided as part of the service should only be viewed in the private household or dwelling to which the service is registered or on a registered device when outside the registered household but within the same country. When you access the services we will be able to verify your location.

 

Content availability
We can add to, change or withdraw content at any time. For details of current content please refer to our website.
Certain content may be subject to age restrictions or contain strong language or other material which may be inappropriate for younger viewers. We will attempt to inform you of such content on our product pages but it remains your responsibility to control access to any content.


Network requirements 
Where your access to the service is over the fixed or mobile network the quality of the service may vary according to the device being used, and any download limitations or restrictions of your network connection. Access to the service is dependent on you having an adequate network connection for your device. We will not be responsible if your content is suspended, interrupted or not available to you due to lack of an adequate network connection or problems with your network coverage.
You are responsible for any charges from your network provider relating to access and data usage. You should be aware of any data limits imposed by your network provider. 

 

Kwesé app
You will need to download the Kwesé app to your smart device in order to view the content. All intellectual property rights in the Kwesé app and software are the property of us or our licensors.
From time to time you may be asked to update your Kwesé app or software in order to continue accessing content on your device.


User accounts and passwords
You are responsible for keeping your Kwesé username and password secure and you must not disclose it to any third party. You are responsible for any activities that occur through the use of your Kwesé login details. If you know or suspect that your Kwesé login details have been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately (http://www.kwese.com/contact-us). In these circumstances, you must also ensure that your Kwesé password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security of your Kwesé details, we may suspend your Kwesé login privileges until you have changed your username and/or your password.


Viewing content
You will not be able to stream the same content to more than one device at any one time. You may only stream content in the country in which you reside and are registered. You must not transfer or make any copies of any content, and you will not be able to transfer or copy any content from one device to another.
Certain content may only be streamed to a device, other content may be streamed or downloaded to a device for a limited viewing period.  Details are set out on our website
The number of devices on which you may watch the content, the number of simultaneous streams that you may receive on your service and the viewing period during which you may view the content are limited and may change from time to time. Please refer to our website for further details.


Restrictions
The content on the Kwesé service is owned by or licensed to us, the copyright in which is protected by copyright laws and treaties of the relevant owners. The copyright owners do not transfer any title, right or interest to or in the content or any portion of it, to you and reserve all rights not specifically granted in these terms and conditions. You must not:
• Make unauthorised or unlawful recordings of any content provided via the Service; or
• Reproduce any content streamed or downloaded to the set top box or any other Device; or
• Re-distribute or broadcast any content provided via the Service (including but not limited to file-sharing, emailing or posting of content or part thereof); or
• Display any content in retail, business or commercial premises or for any business or commercial purpose or levy any charge for watching the content;
• Attempt to breach any security or content protection functions or systems relating to either the service, any device used for viewing or the content itself (including watermarks); or
• Sublicense, transfer or assign any content to any third party; or
• Edit, modify, translate or create derivative works or adaptions of any content; or
• Otherwise use any content or any portion of it except as set out in your agreement and these terms and conditions and any other terms incorporated by reference;
and you will indemnify us against any claims by any licensors of any content arising out of your breach of the above restrictions. We may supply your name, address, and usage details to the licensors of any content in the case of any suspected unauthorised use of the content. We may monitor any usage which infringes (or where we suspect infringement of) these restrictions or the intellectual property rights of any content owners.


General
We set out how we provide subscription and rental based content in detail on our website.
You may cancel your Kwesé subscription at any time. The subscription will end at the expiry of your current subscription period or billing period (if earlier). Payments for the services are non-refundable and no refunds or credits will be given for partially used periods or for rented content which you do not view during its authorised viewing period.
We exclude any liability in respect of the content supplied under the services, or your inability to view any content and accept no responsibility for any losses, expenses or liability or any nature, whether direct or indirect, save to the extent that such losses, expenses or liability cannot be limited or excluded by law.


Termination and suspension
We may suspend access to any content, or end the service, if you fail to pay for the service or pay using a method other than that which we have agreed with you or we reasonably believe that you are using the service in a way that breaches these terms and conditions or the rights of our content providers.

 

Governing law
These terms and conditions and your use of the service are governed by and subject to the laws of the territory and you hereby submit to the exclusive jurisdiction of the courts of the territory in respect of all proceedings arising out of or in connection with this agreement.
Kwesé is a trading name of  Econet Media Limited, registered in Mauritius under number 126321 C2/GBL. Principal address: 10th Floor, Standard Chartered Tower, 19 Cybercity, Ebene, Mauritius
Kwesé is a registered and/or common law trade mark of Econet Media and its affiliates.