Terms Of Service
CMSTV Center for family entertainment.
These Services are operated by DH Media Services Pty Ltd (registered in South Africa), and its subsidiaries (herein referred to as the “Company”, “we”, “us” or
“our”). Please read these Terms of Service (“Agreement”) carefully, as it
constitutes legally binding terms and conditions and applies to your use of any
developed mobile application or website (collectively, the “Services”) developed
or created by DH Media Services Pty Ltd. This Agreement applies whether
you are accessing the Services via a wireless or mobile device, a television, a
personal computer, or any other device (each, a “Device”). This Agreement does
not cover other services, websites, or any corresponding content, features, and
activities made available by any other company or third party, unless specifically
stated.
This Agreement applies to all users of the Services, regardless of media, and
whether you have registered for same. By using the Services, you agree to comply
with this Agreement, our Privacy Policy, and all applicable laws and regulations.
The Privacy Policy is hereby incorporated into this Agreement by reference as
though fully set forth herein.
DH Media Services Pty Ltd operates several public-facing apps
and websites, including CMSTV, and makes content available on mobile and
television users. Content that is available for sale (“In-App Purchases”), is subject
to the terms and conditions of the entity that operates the app store from which
they are purchased, which are accessible on that entity’s website.
Access to the Services and any associated content or websites does not
create a professional services relationship or any other relationship with DH Media
Services Pty Ltd.
We respect your privacy and the use and protection of
your personally identifiable information. In the course of your use of the Services,
you may be asked to provide certain personalized information about you to us
(such information referred to hereinafter as “Personal Information”). The information collection and use policies with respect to the privacy of such Personal
Information are set forth in the Privacy Policy. To remove your user account,
exercise your CCPA or GDPR rights to opt out, modify, view, or delete your data,
please email [email protected]. We encourage you to read the Privacy Policy
available here www.cmstvweb.tv/privacy-policy/, and to use it to help make informed
decisions.
14.1 This Agreement contain the entire understanding and agreement between you
and Company concerning the Services and supersedes any and all prior or
inconsistent understandings relating to the Services and your use thereof. This
Agreement cannot be changed orally. If any provision of this Agreement is held to
be illegal, invalid, or unenforceable, this shall not affect any other provisions and
this Agreement shall be deemed amended to the extent necessary to make it legal,
valid, and enforceable. Any provision which must survive in order to allow us to
enforce its meaning shall survive the termination of this Agreement; however, no
action arising out of this Agreement or your use of the Services, regardless of form
or the basis of the claim, may be brought by you more than one year after the cause
of action has arisen (or if multiple causes, from the date the first such case arose).
The failure of Company to exercise or enforce any right or provision of this
Agreement will not operate as a waiver of such right or provision.
14.2 This Agreement and your use of the Services is governed by, construed and
enforced in accordance with the internal substantive laws of South Africa (applicable
to contracts made, executed, and wholly performed in South Africa), and, for the
purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the Federal Courts
situated in South Africa and agree you shall not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non
convenient or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED
TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER
THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO
THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT
YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
14.3 Company is based in South Africa and the Services are controlled and hosted by
The company from its offices in South Africa. The company makes no representation or
warranty that the Services or Company Content contained on or made available in
connection therewith is legal, appropriate, or available for use in other locations.
Those who choose to access the Services from other locations do so at their own
risk and are responsible for compliance with any and all local laws, rules and
regulations, if and to the extent local laws, rules, and regulations are applicable. No
software made available in connection with the Services may be downloaded,
exported, or re-exported into (or to a national or resident of) any country we have
geo-restricted.
This Agreement was last modified on 30/06/2023 and is effective immediately.
DH Media Services Pty Ltd.