Pesaflix provides a subscription service that allows customers
to access entertainment content ( Pesaflix internet content )
over the Internet via our website https://pesaflix.com through any internet connectable device. ("Pesaflix internet connectable devices").
The Pesaflix service is
provided to you by Pesaflix. These Terms and
Conditions govern your use of the service. As hereinafter described in these
Terms and Conditions as "Pesaflix service",
"our service" or "the service" means the service provided
by Pesaflix for discovering and accessing Pesaflix internet content, including all features and
functionalities, recommendations and reviews, our websites, and user
interfaces, as well as all content and software associated with our service.
1.
Membership
Your Pesaflix subscription will continue until
terminated. To use the Pesaflix service you must have
Internet access and a Pesaflix internet connectable
device, and subscribe to a telco mobile money or airtime service for your
subscription payment to be activated.
2.
Billing
and Cancellation
The subscription fee for the Pesaflix service and any
other charges you may incur in connection with your use of the service, such as
taxes and possible transaction fees, will be charged to your mobile money or telco
airtime on the specific payment date or time depending on when you subscribed
to the Pesaflix service. The length of your billing cycle will depend
on the type of subscription plan that you choose when you subscribed for the
service.
You can cancel your Pesaflix subscription at any time
by writing to us on cancelsubscription@pesaflix.com and this will take 72 hours for the cancellation to
be fully effected.
We may change our subscription plans and the price of our
service from time to time. We may notify you at least 7 days before any price
changes or changes to your subscription plan will become effective. If you do
not wish to accept the price change or change to your subscription plan, you are
expected to cancel your subscription to Pesaflix
before the change takes effect. Failure to cancel, is presumed to mean that you
are in agreement with the changes made.
3.
Pesaflix Service
You must be at least 18 years of age to use the Pesaflix
services. This is because your payment method should be verified by the mobile
money company or telco who are our payment processor service providers. Pesaflix will not take responsibility of any minor under
the age of 18 years who might be consuming the Pesaflix
services against the law.
The Pesaflix service and any content accessed through
the service are for your personal and non-commercial use only and may not be
shared with individuals beyond your household. During your Pesaflix
membership we grant you a limited, non-exclusive, non-transferable right to
access the Pesaflix service and Pesaflix
content. Except for the foregoing, no right, title or interest shall be
transferred to you. You agree NOT to use the service for public performances.
You may access the Pesaflix internet content
primarily within the country in which you have established your telco mobile
money or airtime subscription and only in geographic locations where we offer
our services and where Pesaflix has received local
government approvals for the services. The content that may be available will
vary by geographic location and will change from time to time at Pesaflix discretion.
The Pesaflix service, including the content library,
is regularly updated and we may give you the opportunity to watch live or
special events (including replays of such content) or to enjoy new additional
features. Such content and new features may contain commercial breaks and other
types of commercial messages. Pesaflix does not
endorse or sponsor any advertised products or services and any interactions
with advertisers, including through engagement with interactive advertisements,
are at your own option and risk.
You agree to use the Pesaflix
service, including all features and functionalities associated therewith, in
accordance with all applicable laws, rules and regulations, or other
restrictions on use of the service or content therein. You agree not to:
i.
Archive, reproduce, distribute,
modify, display, perform, publish, license, create derivative works from, offer
for sale, or use content and information contained on or obtained from or
through the Pesaflix service;
ii.
Circumvent, remove, alter,
deactivate, degrade, block, obscure or thwart any of the content protections or
other elements of the Pesaflix service, including the
graphical user interface, copyright notices, and trademarks;
iii.
Use any robot, spider, scraper or
other automated means to access the Pesaflix service;
decompile, reverse engineer or disassemble any software or other products or
processes accessible through the Pesaflix
service;
iv.
Insert any code or product or
manipulate the content of the Pesaflix service in any
way;
v.
Use any data mining, data
gathering or extraction method;
vi.
Upload, post, e-mail or otherwise
send or transmit any material designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment associated with the Pesaflix service,
including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of our service
if you violate these Terms of Use or are engaged in illegal or fraudulent use
of the service.
The quality of the display of the Pesaflix
content may vary from device to device, and may be affected by a variety of
factors, such as your location, the bandwidth available through and/or speed of
your Internet connection. The minimum connection speed for HD video quality
(defined as a resolution of 720p or higher) is 3.0 Mbps per stream; however, we
recommend a faster connection for improved video quality. A connection speed of
at least 5.0 Mbps per stream is recommended to receive Full HD video quality (defined
as a resolution of 1080p or higher).
Please check with your Internet provider for
information on possible Internet data usage charges. The time it takes to begin
watching Pesaflix internet content will vary based on
a number of factors, including your location, available bandwidth at the time,
the content you have selected and the configuration of your Pesaflix
internet connectable device.
Pesaflix software is developed by, or for, Pesaflix
and may solely be used for authorized streaming and to access Pesaflix content through Pesaflix
internet connectable devices. This software may vary by device and medium, and
functionalities and features may also differ between devices. You acknowledge
that the use of the service may require third party software that is subject to
third party licenses not in the control of Pesaflix.
You agree that you may need to download the updated versions of the Pesaflix Mobile App software as an APK file from our
official Pesaflix website https://pesaflix.com
outlined herein.
4.
Passwords
and Account Access. You
are responsible for any activity that may occur through your Pesaflix subscription account. By allowing others to access
the account (which may include access to information on viewing activity for
the account), you agree that such individuals are acting on your behalf and
that you are bound by any changes that they may make to the account, including
but not limited to changes to the subscription plan. To help maintain control
over the account and to prevent any unauthorized users from accessing the account,
you should maintain control over the internet connectable devices that are used
to access the service and not reveal the password where applicable, or details
of the Payment Method associated with the account to anyone. You agree to
provide and maintain accurate information relating to your account, including a
valid email address so we can send you account related notices where we deem
necessary. We can terminate your account, telephone number that access the
service or place your account on hold in order to protect you, Pesaflix or our partners from identity theft or other
fraudulent activity against the law of the land.
5.
Warranties
and Limitations on Liability. The
Pesaflix service is provided "as is" and
without warranty or condition. In particular, our service may not be
uninterrupted or error-free. You waive all special, indirect and consequential
damages against us. These terms will not limit any non-waivable warranties or
consumer protection rights that you may be entitled to under the mandatory laws
of your country of residence.
6.
Class
Action Waiver. Where permitted under the
applicable law, you and Pesaflix agree that each may
bring claims against the other only in your or its individual capacity, and not
as a plaintiff or class member in any purported class or representative
proceeding. Further, where permitted under the applicable law, unless both you
and Pesaflix agree otherwise, the court may not
consolidate more than one person's claims with your claims, and may not
otherwise preside over any form of a representative or class proceeding.
7.
Miscellaneous
Governing Law. These Terms of Use shall be governed by and
construed in accordance with the laws of the country Pesaflix
is licensed by the government of the land to operate. These terms will not
limit any consumer protection rights that you may be entitled to under the
mandatory laws of your country of residence.
Unsolicited
Materials. Pesaflix does not
accept unsolicited materials or ideas for Pesaflix
content and is not responsible for the similarity of any of its content or
programming in any media to materials or ideas transmitted to Pesaflix.
Customer Support. To find more information about our service and
its features or if you need assistance with your account, please send an email
to support@pesaflix.com In the event of any conflict between these Terms of
Use and information provided by Customer Support or other portions of our
websites, these Terms of Use will prevail.
Survival. If any provision or provisions of these Terms of
Use shall be held to be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall remain in full
force and effect.
Changes to Terms of
Use and Assignment. Pesaflix may, from time to time, change these Terms and
Conditions. In case of material changes, we will notify you at least 7 days
before such changes apply to you. If you do not wish to accept the changes, you
can cancel your membership before they take effect.
Electronic Communications. We will send you information relating to your
account in electronic form only, for example via emails or SMS or Mobile APP
notifications based on the details we have from your use of the Pesaflix service and or your registration to Pesaflix or any other means at our disposal.