Terms and Conditions of Access and Subscription to Kwesé Online Broadcasting Service (including Kwesé App) (“OBS Terms and Conditions”)
Terms and Conditions of Access and Subscription to Kwesé Online Broadcasting Service (including Kwesé App) (“OBS Terms and Conditions”)
Welcome to Kwesé! From here on, “we”, “our” or “us” refers to Kwesé.
By accessing the Kwesé Service (as defined below), you agree to be bound by the OBS Terms and Conditions, which are posted on www.kwese.com (“Website”). We may change the OBS Terms and Conditions from time to time. Such changes shall apply from the time we make such changes. Any updated OBS Terms and Conditions will be posted on our Website. If you do not agree with our updated OBS Terms and Conditions, you should no longer access the Kwesé Service.
We may also vary our charges with regard to the Kwesé Service (as defined below) from time to time. Such changes shall apply from the time we make such changes. Any price changes will be notified to you by us (via our Website or otherwise).
The OBS Terms and Conditions are in addition to any terms, conditions or limitations set out in your contract with your internet service provider (“ISP”), or any other applicable terms and conditions, usage rules and/or restrictions as may be set out on our Website from time to time, with which these OBS Terms and Conditions must be read.
Please note that the OBS Terms and Conditions create a legally binding agreement between you and us.
If any part of the OBS Terms and Conditions are found be to invalid, illegal or unenforceable, the remaining parts will continue to apply and be of full force and effect.
1. Definition of “Kwesé Service”
We are a content service provider, giving our users access to content (programming or live events) (“Content”) via a computer, smart phone, tablet or other device capable of displaying the Content (“Device”), which, for the purpose of the OBS Terms and Conditions, will exclude any decoder). The Kwesé desktop player (“Kwesé Player”), once downloaded to your computer, enables you to access Content on that computer. The Kwesé mobile software application (“Kwesé App”), once downloaded to a smart phone or tablet, enables you to access Content on that smart phone or tablet.
“Kwesé Service” in the OBS Terms and Conditions means any and/or all of the services provided by Kwesé set out in the immediately preceding paragraph.
2. Accessing the Kwesé Service
In order to access the Kwesé Service, you must first create a user account with us through a registration process.
You may only create a user account with us if you are legally an adult in the country in which you reside.
If you are already a paid-up subscriber to the Kwesé Digital Satellite Subscription Broadcasting Service (or to the Digital Satellite Subscription Broadcasting Service of Kwesé TV Zimbabwe), you may access Content accessible through such subscription (“Subscription Content”), through the Kwesé Service. You may only access Subscription Content via the Kwesé Service in the country where your subscription account with us is held.
Your access to Subscription Content through the Kwesé Service will end when you are no longer a paid-up subscriber to the Kwesé Digital Satellite Subscription Broadcasting Service (or to the Digital Satellite Subscription Broadcasting Service of Kwesé TV Zimbabwe).
If you are not a paid-up subscriber to the Kwesé Digital Satellite Subscription Broadcasting Service (or to the Digital Satellite Subscription Broadcasting Service of Kwesé TV Zimbabwe), you may be able to access Content that is available on a free-to-view basis (“FTV Content”) though the Kwesé Service, but you will not be able to access Subscription Content though the Kwesé Service.
You may only access the Kwesé Service on a Device that you have registered with us to access the Kwesé Service on. You may register up to 5 (five) Devices with us in order to access Content. The number of Devices you may register in order to access Content may vary from time to time. Please see our Website for details.
To utilize the Kwesé Service from one of your Devices that you have registered us, you will need to download the Kwesé App or Kwesé Player to that Device. The Kwesé App and Kwesé Player belongs solely to us or those who have licensed its use to us, and you will have no intellectual property rights with regard to the Kwesé App or Kwesé Player.
You may use up to 2 registered Devices at the same time to view Content on each Device. The number of Devices you may use to simultaneously access different Content on each Device may vary from time to time. Please see our Website for details.
You agree for us to upgrade the Kwesé App or Kwesé Player on your registered Devices at any time. You also agree to receive or install updates to the Kwesé App or Kwesé Player as they may become available from time to time.
You may not, under any circumstances whatsoever, transfer or make any copies or attempt to transfer or attempt to make any copies of any Content.
You may only access Content in localities where we offer the Kwesé Service and where we have the licence to make such Content available to you. The particular Content that you may be able to access will depend on your locality, so not all Content that we may offer or advertise as being on offer may be available to you, depending on your locality. Please see our Website for details in this regard.
You may only access Content for your own personal use, and you may not use the Kwesé Service for commercial purposes.
When you access the Kwesé Service, you give us permission to check where you are accessing the Kwesé Service from or on which Device you are accessing it from.
3. Copyright and Anti-Piracy
You agree that you will use the Kwesé Service without breaking any laws, rules or regulations applicable anywhere in the world, especially any laws, rules or regulations with regard to copyright and anti-piracy.
Content is owned by or licensed to us, and the copyright in the Content is protected by copyright laws and treaties of the relevant owners. You agree not to archive or download any Content, or copy, distribute, share, change, display, publish, perform any Content, or offer any Content for sale, or otherwise use any Content for any reason or for any other purpose whatsoever other than as specifically mentioned in the OBS Terms and Conditions.
The copyright owners of the Content do not transfer any title, right or interest to or in the Content or any portion of it, to you or to any person or party, and reserve all rights not specifically granted in the OBS Terms and Conditions. You specifically agree that you will never:
• make unauthorised or unlawful recordings of any Content provided via the Kwesé Service; or
• reproduce any Content streamed to any Device; or
• re-distribute or broadcast any Content provided via the Kwesé Service (including but not limited to file-sharing, emailing or posting of Content or any 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;
• breach or attempt to breach any security or content protection functions or systems relating to either the Kwesé Service, any Device 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 the OBS Terms and Conditions and/or any other terms incorporated by reference.
You agree that we may supply your name, address, and usage details as regarding the Kwesé Service to the licensors of any Content in the case of any suspected unauthorised use of the Content.
You give us permission to monitor your user account and your usage of the Kwesé Service, to make sure that you are not adhering to the OBS Terms and Conditions, and especially to monitor any usage which infringes (or where we may suspect infringement of) these restrictions or the intellectual property rights of any Content owners.
If you do anything that you have agreed not to do by agreeing to the OBS Terms and Conditions, we may suspend or terminate your Subscription immediately, discontinue your use of Kwesé Service immediately, and may claim any losses or damages that we may have suffered, from you. You also agree to indemnify us and hold us harmless against any losses or damages that we might suffer with regard to any Content licensors if you do anything that you have agreed not to do by agreeing to the OBS Terms and Conditions.
You will need an internet connection to access Content as well as a Device. We do not provide either an internet connection or any Device to you. We are not responsible for your inability to access Content or if your access to the Content is suspended or interrupted, due to the unavailability of an internet connection in your area, your lack of bandwidth or your lack of a Device.
You are solely responsible for all charges in relation to your internet connection and any data charges (including mobile data charges) you may incur in accessing the Content, as well as all charges regarding your registered Devices.
Your access to Content may vary according to the quality and speed of your internet connection, as well as any download limitations or restrictions imposed on you by your internet service provider. Your access to Content may also be affected by the type or model of your Device.
Though we will try our best to make sure that you have the best viewing experience, we cannot guarantee the viewing quality of Content. Though we will try our best to make sure that it is as quick as possible, we also cannot guarantee the time that it might take for you to stream Content. Both viewing quality of Content as well as the time that it might take for you to stream Content will also depend on the quality and speed of your internet connection as well as the Device that you are using to make use of the Kwesé Service.
We may add to, change or withdraw Content at any time, for reasons including but not limited to expiration of the licence for such Content. As such, Content once available might not always be available. For details of current Content available from us within your locality, please see 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 as regarding any such Content but it remains your responsibility to control access to any such Content.
Certain Content may only be made available in certain localities. This depends on factors such as the conditions under which such Content has been licensed to us.
You are responsible for keeping your user account details (for example, your login username and password) secret and secure. Please do not share your user account details with anyone else, as these are personal to you. You are responsible for any activities that may occur through your user account. If you know or suspect that your user account may have been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that your password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security regarding your user account, we may suspend your user account temporarily, until you have changed your username and/or your password.
We set out details on Content on our Website, and these details may change from time to time, so please check the Website regularly for current details.
We exclude any liability in respect of the Content supplied under the Kwesé Service, or your inability to view any Content and accept no responsibility for any losses, expenses or liability or any nature, whether direct or indirect, except where such losses, expenses or liability cannot be limited or excluded by law.
We may suspend your access to the Kwesé Service, if we reasonably believe that you are accessing the Kwesé Service in a way that breaches the OBS Terms and Conditions.
You agree to receive electronic communications from us, with regard to the Kwesé Service, by email (at the email address that you provided to us during registration), by SMS to your mobile phone (at the mobile phone number that you provided to us during registration), or by notices posted by us on our Website. This may include communications relating to authorisations, the OBS Terms and Conditions, payment, confirmations and/or other transactional information. You consent to receive notices in this manner for all contractual and legal purposes.
You agree that we can assign, transfer or cede any of our rights or obligations under the OBS Terms and Conditions to any other person or entity, without notifying you or the need for your permission.
If you access Subscription Content and/or FTV Content in a country other than Zimbabwe, the OBS Terms and Conditions and your use of the Kwesé Service are governed by and subject to the laws of Mauritius, and you submit to the exclusive jurisdiction of the courts of Mauritius in respect of all proceedings arising out of or in connection with the OBS Terms and Conditions.
If you access Subscription Content and/or FTV Content in Zimbabwe, the OBS Terms and Conditions and your use of the Kwesé Service are governed by and subject to the laws of Zimbabwe, and you submit to the exclusive jurisdiction of the courts of Zimbabwe in respect of all proceedings arising out of or in connection with the OBS Terms and Conditions.
Kwesé is a trading name of Econet Media Limited, registered in Mauritius under company registration number 126321 C1/GBL. Our principal address is the 10th Floor, Standard Chartered Tower, 19 Cybercity, Ebene, Mauritius.
Kwesé is a trade mark of Econet Media Limited and/or its affiliates.