1. Introduction

1.1 The South African Broadcasting Corporation (“SABC”) introduces the video & audio streaming service offering on-the-house (free) TV and audio channels, and four subscription options (AMP daily, AMP weekend, AMP weekly and AMP monthly). These are over the top audio-visual and audio content services (“SABC+ Service”) for computer, mobile smartphone, tablet and other similar devices including smart-TVs (“Devices”) as detailed in these Terms and Conditions, and which are accessed through the SABC website (“Website”) and SABC Plus application (“App or SABC+”).

1.2 The App is managed and operated by Mangomolo OFFSHORE (SAL) on behalf of the SABC.

1.3 These Terms and Conditions govern the sale and/or use of SABC+ Services, and use of the Website and the App.

1.4 Please read these Terms and Conditions carefully. Your use of the SABC+ Service and/or the Website and the App will constitute your acceptance, as the user of these Terms and Conditions. It is your obligation to review and check these Terms and Conditions and any updates hereto regularly.

1.5 The provision of the SABC+ Service is subject to SABC’s Privacy Policy which you can access Here.

2. Acceptance of These Terms and Conditions:

These Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act, 2008 (“CPA”) are complied with to the extent that such provisions may be applicable to these Terms and Conditions. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the SABC in terms of the CPA or any other applicable law.

3. Changes to the SABC+ Services

3.1 The SABC+ Service is available from 01 December 2023 until such date as advised by SABC+ ( Offer Period).

3.2Notwithstanding the Offer Period, the SABC may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the SABC+ Service or any content in its entirety, or parts thereof, upon written notice posted on the Website. The SABC also reserves the right from time to time to vary the changes for the offerings on the SABC+ Services as it may decide in its sole discretion.

3.3 It is your responsibility to visit the Website regularly for notices, updates and/or changes to the SABC+ Service.

3.4 Changes will apply to your use of the SABC+ Service, Website and/or the App after the change is displayed on the Website. If you use the SABC+ Service, Website and/or the App after the updated or amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted the updates or amendments.

4. Who Is Eligible

4.1 The SABC+ Service is available to all eligible SABC customers who wish to sign up and make use of the service. The SABC+ Service is also open to off-net customers who are not SABC customers (Off-Net Customers).

4.1.1 The SABC+ Service is only available to persons who are 18 years of age or older and who have the capacity to enter into legally binding agreements. For any user of the SABC+ services who is under the age of 18, or not legally permitted to enter into a binding agreement, your parent or legal guardian must supervise you and give their permission to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions, and such permission shall be deemed to have been given by your parent or legal guardian upon your use of the Website, the App and/or subscription to the SABC+ Service, and such subscription may not be cancelled or refunded, except as specifically provided for in these Terms and Conditions.

5. Registration

5.1 You are able to discover the SABC+ Service (or parts thereof) on the Website or the App, before having to register or subscribe for the SABC+ Service.

5.2 To access all of the free content available on the SABC+ Service, you will be required to register on the Website and then download the App on a supported device. To access all of the subscription content, you will be required to subscribe for the daily, weekend, weekly or monthly packages via the Website and by downloading the App on a supported device.

5.3 Open the App Store application on your Device, search and select the SABC+ App in the store and download it.

5.4 To register and create an account, you must provide your mobile number and a unique password to SABC+. This information will be used to access SABC+ Services. If you do not register, you will not be permitted to use the SABC+ Services.

5.5 You undertake that the username and password will be used only by you and for your personal use and will not be disclosed to any third party. The effect of this clause is that you confirm that only you will use your username and password and you will not allow any other person to use them. You must keep your username and password safe, and it is your responsibility to maintain its confidentiality. If you allow another person to use your username and password, SABC+ will not be liable for any harm or loss you suffer and the SABC will have the right to immediately terminate your access to the SABC+ Service (or any part thereof) and claim from you any damages or loss it may suffer as a result of your breach of these Terms and Conditions.

5.6 You may not use the username and password of another user.

5.7 You acknowledge that SABC+ will accept and process any subscription for SABC+ Services once the correct username and password has been entered and that the order will be processed irrespective of whether the use of the username and password is unauthorised or fraudulent, unless a subscription transaction is cancelled in terms of the provisions of clause 10. The effect of this clause is that you confirm that once a transaction is concluded using your username and password you will be responsible for payment in all circumstances even in circumstances where someone fraudulently accessed your account without your permission.

5.8 You must notify SABC+ immediately when you become aware, or reasonably suspect, that someone has access to or used your username and password without your permission. You must also take reasonable steps to decrease the chances and severity of any loss or harm being suffered by you as a result.

5.9 If SABC+ has any reason to believe that the confidentiality of your username or password has been compromised, it may restrict your access to the SABC+ Service until you have changed the username or password.

6. Transactions

6.1 No payment is required to watch the free content; however, all users must complete the registration and have an active account.

7. Terms Of Use

7.1 The SABC+ Services:

7.1.1 are available for private, non-commercial use in South Africa only. You may only access and use the SABC+ Services via your Device(s) in South Africa. You may not sell or levy any charge for watching the content or using any part of the SABC+ Service or show any part of the content in public to an audience, even if no charge is levied.

7.2 Please confirm your internet data service rules with your service provider and note that data charges are strictly for your own account.

7.3 You will be able to access the SABC+ Service only when you are in South Africa in an area covered by internet in South Africa.

7.4 SABC+ shall be entitled to prohibit or terminate your participation in and access to the SABC+ Service if you do not meet the criteria detailed herein and/or if you are involved in any fraudulent activity or suspected fraudulent activity or any other activity that breaches these Terms and Conditions.

7.5 You must not access or use the SABC+ Service for any improper or unlawful purpose or in any manner which infringes SABC+’s or any other party’s rights.

7.6 The number of Devices on which you may access and use the SABC+ Service and view the content per account is limited to 1 profile on the free content. You may not access the SABC+ Service on any Device that you do not own or control.

7.7 You must not copy, modify, reproduce, transfer, republish, post, broadcast or transmit the content on the SABC+ Service in any form or in any way.

7.8 You must view the content prior to the end of the relevant period of access to the content. The period of access will not be extended if you stop or pause the content.

7.9 All over-the-top and internet protocol television users must make use of their own data, at their own cost. For avoidance of doubt, over-the-top and internet protocol television refers to the delivery of audio, video and other media over the internet without a multiple system operator or broadcaster being involved in the control or distribution of the content in South Africa.

7.10 You may not rent, lease, lend, sell, redistribute or sublicense the SABC+ Service or any of its content. You may not copy, transmit or distribute, reproduce, upload, post, publicly display, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SABC+ Service or any of the content. Any attempt to do so is a violation of the rights of SABC+ and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

7.11 You must not use the Website, the App or SABC+ Service for any purpose that is unlawful, not permitted by these Terms and Conditions, or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of SABC+, its licensors, service providers or others.

7.12 You shall not interfere with the range of security measures applicable to the Website, the App or SABC+ Service. You agree to immediately inform SABC+ in the event that you become aware of any unauthorized access, copying, modification, storage, forwarding, transmission and/or retransmission of the Website, the App or SABC+ Service, or any part thereof.

8. Disclaimer

8.1 SABC+ makes no warranties or representations as to the accuracy or completeness of the Website, the App and/or SABC+ Service.

8.2 SABC+ does not warrant that the Website, the App and/or SABC+ Service is compatible with your computer equipment or software. You are wholly responsibility to check compatibility prior to purchasing any subscriptions to the SABC+ Service.

8.3 SABC+ will try to ensure the accuracy of all information displayed on the Website, the App and SABC+ Service but does not guarantee or give any warranty as to the accuracy or completeness of any information or material thereon. The effect of this clause is that SABC+ does not confirm that: the Website, the App or SABC+ Service is complete and accurate; your computer or electronic device will be free from viruses or harmful software from the Website, the App or SABC+ Service; the Website, the App or SABC+ Service is accessible from your computer or electronic device; or that the information and content provided on the Website, the App or SABC+ Service is accurate.

8.4 Whilst every effort has been made by SABC+ and its suppliers of information to ensure the proper performance of every SABC+ Service, SABC+, its affiliated companies, suppliers, service providers and any of their employees do not guarantee, and makes no warranties or representations as to the availability and functionality of the SABC+ Services, content and information offered, beyond that described on the Website, the App or SABC+ Service.

8.5 Subject to any applicable law, in particular SABC+, makes no warranty that the SABC+ Services will meet your requirements, be uninterrupted, timely or error free. SABC+ will only entertain requests for refunds at its sole discretion or in terms of clause 10.

8.6 In order to use the SABC+ Services, the user is required to fulfil the necessary technical requirements. The user shall bear the costs of access to the internet as well as any possible connection costs incurred. These costs are not included in the SABC+ Services. Should the technical standards on the internet or video service change, the user shall adapt to these changes on his or her own account. The SABC strongly advises all users to contact their service provider and ensure that they are on the best possible data package to minimise these costs.

8.7 The effect of this clause is that you may only rely on what SABC+ states on its Website or the App in relation to the SABC+ Services. If you rely on anything else stated about the SABC+ Services you will not be entitled to claim from SABC+ for any losses or harm suffered. SABC+ also does not represent or warrant that: the SABC+ Services will be uninterrupted and timely, that all content will be available at all times or that the SABC+ Services will not contain any errors.

9. Cooling-off Period And Cancellation Of The SABC+ Service By You

9.1 In terms of section 44 of the Electronic Communications and Transactions Act, 2002 (“ECTA”) you are entitled to cancel, without any reason and without any penalty.

9.2 The User may correct any personal information that is held by SABC by navigating to my account section on SABC+.

9.3 The User may at any time before, during or after use of SABC+ withdraw their POPIA disclosure and access to SABC+ by selecting the delete account button. Upon selecting the delete account button under my account section, your use of the SABC+ and all electronic communication from the SABC+ shall be immediately terminated. This means that all personal information and data will be permanently deleted from SABC+.

10. Protection of Your Personal Information

SABC+ collects and processes personal information (as defined in the Protection of Personal Information Act, 2013) through and in connection with the Website and the App. For more information about how SABC+ handles personal information, see the Privacy Policy. You consent to the processing of your personal information by SABC+ in terms of the Privacy Policy.

11. Intellectual Property

11.1 The SABC+ name and logo are the intellectual property of SABC+ and may not be used in any way without obtaining SABC+ prior written permission.

11.2 All other content on the Website, the App and SABC+ Service is either owned by SABC+ or licenced to it and you may not use, distribute, reproduce and/or adapt in any way the content other than as specifically permitted in these Terms and Conditions.

12. Security of Website

12.1 SABC+ will take all reasonable technical and organisational measures to protect any user data transmitted over the Website and the App.

12.2 SABC+ cannot guarantee the security of any data transmitted online and the user accepts the risk of providing information on the Website and the App.

13. Limitation Of Liability

13.1 Subject to the provisions of the CPA, to the extent allowed by any other applicable law and subject to clauses 13.2 and 13.3 below, SABC+ will not be liable to you for, and you indemnify and hold SABC+ harmless against, any loss or damage suffered (whether it is direct or indirect) arising from, or connected to:

13.1.1 your network services being interrupted, suspended, or cancelled, for whatever reason; or

13.1.2 SABC+ not suspending the provision of the subscription Services to you after you have specifically requested SABC+ to do so; or

13.1.3 any negligent act or failure to act by SABC+, its employees or agents;

13.1.4 the use of any device (whether supplied to you by SABC+ or not) relating to the SABC+ Service;

13.1.5 your use of the Website, the App or SABC+ Service;

13.1.6 your inability to use the Website, the App or SABC+ Service;

13.1.7 any operational failure of the Website, the App or SABC+ Service;

13.1.8 unlawful activity on the Website, the App or SABC+ Service and/or any linked third party websites;

13.1.9 your reliance on any information or content provided on the Website, as SABC+ makes all reasonable efforts to ensure that the information and content on the Website is complete and accurate;

13.1.10 your improper use of the SABC+ Services;

13.1.11 any virus downloaded from the Website by you; and/or

13.1.12 breach of security over the Website unless it is due to the gross negligence of SABC+. The effect of this clause is that you will not be entitled to make any claims against SABC+ where you have suffered any loss or harm as a result of anything related to the list provided in this clause 13.1.

13.2 Clause 13.1 does not limit or exclude any warranties or obligations which are implied into the SABC+ Service by the CPA (to the extent applicable) or which SABC+ gives under the CPA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

13.3 Clause 13.1 does not limit or exempt SABC+ from liability for any loss directly or indirectly attributable to the gross negligence of SABC+ or any person acting for or controlled by SABC+ to the extent that the law does not allow this.

13.4 Clause 13.1 also does not limit or exclude the liability of SABC+ for death or personal injury caused to you through an act or omission of SABC+ subject to the CPA, to the extent that the law does not allow this.

14. Severance

Any illegal or unenforceable provision of these Terms and Conditions may be severed and the remaining provisions of these Terms and Conditions continue to be of force and effect.

15. Applicable Law and Jurisdiction

15.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.

15.2 Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these Terms and Conditions.

16. Contact SABC+

In the event of a query or to lodge a complaint, you must contact SABC+ on the following details:

Email: support@sabc-plus.com

Phone: 0117149111