Terms of Use

1.       IMPORTANT CLAUSES

The paragraphs identified below contain important terms and we have set out below the reasons why they are important. Please ensure that you read and understand the entire document if you intend to use the website.

1.1.    Limitation of risk, legal responsibilities and liability. Clauses 2.4, 2.5, 5, 9, 10, 12, 13 and 18 are important because they limit and exclude obligations, liabilities and legal responsibilities that we may otherwise have to you. As a result of these clauses, your rights and remedies against us are limited or excluded. These clauses also limit or exclude your right to recover or make claims for certain losses, damages, liability or harm you or others may suffer. In summary, these paragraphs state that you know and accept that the internet is not absolutely secure and that there is a risk that your personal information will not necessarily be secure when transmitted over the internet.

1.2.    Assumption of risk, legal responsibilities and liability by you. Clauses 2.4, 2.5, 3, 4, 6, 7.2, 8, 9, 10, 11, 12, 13.2, 14 and 18are important because you take on risk, legal responsibilities and liability. You will also be responsible for, and you accept, damages, harm and injury which may be suffered by you and others in relation to what is stated in these clauses.

1.3.    Acknowledgements of fact by you. Clauses 2.4, 5, 7, 9, 12, 13.2 and 16are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny that the statements are true.

2.       YOUR AGREEMENT TO THESE WEBSITE TERMS OF USE

2.1.    This website, with its home page at https://multichoicetalentfactory.com (this "website") is made available to you by MultiChoice Africa Holdings B.V. in relation to the MultiChoice Talent Factory ("MultiChoice", "we", "us" and "our"), its affiliates and other members of its group of companies (individually and collectively referred to as the "MultiChoice Group"). For purpose of this document, "affiliates" shall be deemed to include any company or entity which directly or indirectly controls, is controlled by, or is under common control with, such company or entity. For the purposes of these website terms of use, "control" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract or otherwise.

2.2.    These Website Terms of Use (these "terms") apply to:

2.2.1.use of, or access to, this website and associated sites linked by MultiChoice to the website;

2.2.2.use of any channels, data feeds and services, including any embeddable video player provided to you on or from or through the website by us; and

2.2.3.the access, use of, referral to, view, download and/or upload of the information, content, images, scripts, graphics, photographs, video, audio, audiosvisual combinations, interactive features, data, works of authorship, materials, opinions, messages, ideas, software and technology which may be displayed on, made available through, incorporated into, underlying, or used to operate, this website, including but not limited to databases, text, information, graphics, trademarks, icons, logos, hyperlinks, sounds, photographs and designs (individually and collectively referred to as the "content" and any content you post on, upload or email to the website is hereinafter referred to as "user content").

2.3.    These terms govern your use of the website, associated sites and content, except where we expressly state that separate terms apply – see also paragraph 2.5.3 below.

2.4.    By accessing or using the website or any part thereof in any manner whatsoever, you agree that you have read, understood and agree to be bound by these terms and our Privacy Policy which is accessible at http://multichoiceafrica.com/privacy-cookies. The provisions of the Privacy Policy are hereby incorporated by reference into the terms and any reference to the "terms" shall include the provisions of the privacy policy. If you do not agree to these terms, you are not authorised to use or access this website and you must immediately cease use thereof. We recommend that you print a copy of these terms for future reference.

2.5.    Please note:

2.5.1.we may suspend, amend or terminate the website at any time without notice;

2.5.2.we may change these terms from time to time (without notice, where permitted by law), including by publishing the updated terms on this website. You must review these terms as published on this website whenever you access, use or visit this website. By using, accessing or visiting this website, the terms as published on this website, at that time, will apply to you;

2.5.3.there may be additional terms and conditions, disclaimers and disclosures that apply to your use of (or access to) certain parts of this website or content ("additional terms"). The additional terms form part of these terms and will be accessible on those parts of the website or content to which they apply. By using those parts of this website or content, you will be deemed to have agreed to the additional terms. If there is any conflict or inconsistency between any part of these terms or the additional terms, the additional terms will apply to the extent of the conflict or inconsistency.

2.6.    For purpose of these terms and wherever the context so requires, the terms "you" and "your" and "user" shall mean any person who accesses or uses the website.

3.       ACCESSING THE WEBSITE AND THE CONTENT

3.1.    To the extent allowed by law, we will not be responsible for your inability to access the content due to limitations specific to your personal computers, mobile phones, and other similar devices ("access device").  To access the content, you must have an access device which is able to connect to the internet and to receive the content.

3.2.    You, at your own cost, are responsible for obtaining and maintaining the access device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, needed to access the Internet and to use the website. We are not responsible for any internet access charges, service provider charges and/or data usage charges.  These charges must be paid by you or the owner of the access device.

4.       PERMITTED USE

4.1.    This website is intended to provide you with information about the MultiChoice Talent Factory, and access to content and services related thereto provided by MultiChoice and the MultiChoice Group, and not any other company.

4.2.    You may only use this website and the content for lawful non-commercial purposes (i.e. private purposes, for example studying, research or viewing content) and as set out in these terms.

4.3.    You may view, copy, download to a local drive, print and distribute the information displayed on this website or any part thereof, provided that (i) such information is used for information and non-commercial purposes; and (ii) as otherwise set out in these terms and in accordance with applicable laws only.

4.4.    If you wish to use or link to this website for any purpose, or in any way not expressly permitted in these terms, you may only do so with the express prior written permission of MultiChoice, which MultiChoice may withhold in its sole and absolute discretion. This website may include information and materials uploaded by you or other users of the website. This information may not have been verified or approved by us. The views expressed by other users on our website do not represent our views and we expressly exclude our liability for any loss or damage arising from your use of any such user content.

4.5.    MultiChoice may impose restrictions and limitations on the territories in which you can access and use the website, the content accessible through the website and the functionality of the website in different territories.

4.6.    MultiChoice may revoke your rights to use this website or the content or any part thereof at any time and for any reason. MultiChoice can do this without giving you any notice or informing you of this.

5.       PROHIBITED USE

5.1.    You must not, directly or indirectly, do any of the following things or allow anybody else to do the following things:

5.1.1.perform any action that violates any of these terms;

5.1.2.perform any action which is illegal, fraudulent, violates or infringes any rights, title or interest (including, but not limited to, any intellectual property rights) in or to this website or the content or any part thereof;

5.1.3.rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the website and/or content or any part thereof (subject to your rights in relation to user content);

5.1.4.make alterations to, or modifications of, the whole or any part of the website or content, or permit the website, the content or any part thereof to be combined with, or become incorporated in, any other programs (subject to your rights in relation to user content);

5.1.5.use any technology or other means to access, link to, index, frame, scrape, copy or reproduce, adapt or republish the website or the content (or any part thereof) in a way that is not expressly authorized by us (subject to your rights in relation to User Content). In these terms, "technology" includes any hardware, software, programmes, networks, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form;

5.1.6.use technology or other means to remove, disable, bypass or circumvent any protection mechanisms or access control mechanisms,  including those intended to prevent  the unauthorized download, capture, scraping, linking, framing, reproduction, access to, use or distribution of the content or the website, or any part thereof;

5.1.7.access or use the website or the content through automated means, including through the use of "robots" or "spiders" or "offline readers" or "deep-link" or "page-scrape" or any other software or methodology (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the website or the content and excluding those search engines or indices that host, promote or link primarily to infringing or unauthorized content);

5.1.8.use the website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts;

5.1.9.remove any product identification, copyright or other notices, from the website or content or related documentation;

5.1.10.    collect or harvest any information or data or attempt to decipher any transmissions from the servers or systems which run the website;

5.1.11.    intentionally or negligently introduce, or permit the introduction of, any "viruses", "trojan horses", computer code, malware, ransomware, instructions, devices or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any access device,  technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with the operations thereof ("destructive code") into the website, the content or the technology used by MultiChoice or any other user of the website;

5.1.12.    damage, disable, overburden, impair or gain unauthorized access to the content or the website;

5.1.13.    use the website in a way that could damage, disable, overburden, impair or compromise our technology or security or interfere with other users;

5.1.14.    infringe or misappropriate our intellectual property rights or those of any third party including other users of the website;

5.1.15.    remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the website;

5.1.16.    use the website or the content to advertise or promote products or services that are not expressly approved in advance in writing by us;

5.1.17.    interfere with any other person’s use and enjoyment of the website;

5.1.18.    intercept any information transmitted to or from us or the website which is not intended by use to be received by you;

5.1.19.    decompile, disassemble or otherwise reverse engineer or attempt to discover or reverse engineer the source code, underlying ideas, algorithms, file formats and other materials forming part of the technology used to provide the website or forming part of the content; or

5.1.20.    receive or charge money, favours or other consideration for allowing any other person to use or access the website or the content,

5.1.21.    (all of the above will be collectively referred to as "prohibited acts").

5.2.    These terms and any restrictions on the use of the website will also apply to any part of the website and content that is cached when using the website.

5.3.    We reserve the right to use technology and other means to monitor that you are complying with these terms.

5.4.    All acts and omissions of any person who uses your technology (or any other devices on which the website or the content is used) to access or use the website or content shall be treated as, and also be deemed to be, your acts and omissions and MultiChoice will not be liable for any loss or damage which you may suffer due to unauthorised access to your account and you will be responsible if MultiChoice suffers any loss due to unauthorised access to your account. MultiChoice reserves the right to hold you liable and responsible for such acts and omissions.

6.       ACCOUNTS, PASSWORDS AND SECURITY

6.1.    Certain features of the website may require you to be a registered user, requiring you to register an account on the website.

6.2.    You agree that by registering an account on the website, you will provide information that is accurate, true and correct. We have the right to disable any user account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

6.3.    By submitting any information to us under these terms and/or by means of the website, you warrant that you are entitled to use that information for the purpose for which it was submitted, and that we may use it for such purpose. You also agree that you will ensure that all such information is and is kept accurate and up-to-date at all times.

6.4.    You may not register an account on the website if:

6.4.1.you are under 18 years old; or

6.4.2.you are already restricted by us from using the website.

6.5.    You agree that you will be responsible to main the confidentiality of your account and registration details, including your password. You agree to notify MultiChoice immediately at https://multichoicetalentfactory.com/contact/contact_us of any unauthorised use of your account or password or any other breach of your account.

6.6.    You may not use anyone else’s account details, password or account at any time without the express permission and consent of the registered user of that password or account. MultiChoice will not be liable for any loss or damage arising from your failure to comply with these obligations.

6.7.    You have the right to cancel your registration by contacting us at https://multichoicetalentfactory.com/contactus Cancellation shall take effect on receipt by us of such notification of cancellation.

7.       UPLOADING AND POSTING MATERIAL TO THE WEBSITE

7.1.    In the event that you upload or post any user content to the website, you confirm that you will only upload information that is accurate, true and correct.

7.2.    You indemnify and hold us harmless against claims that may arise from the use of and/or reliance on any user content that you upload or post to the website.

7.3.    Any user content which you upload or post to the website will be processed in accordance with our Privacy Policy available at https://multichoiceafrica.com/privacy-cookies].

7.4.    You acknowledge that MultiChoice has the right to remove any content that you have uploaded or posted to the website which MultiChoice may determine, in its sole and absolute discretion, to be obscene or indecent, racially prejudicial, offensive, blasphemous or defamatory or contrary to any law or which may have the effect of causing any embarrassment or injury to MultiChoice.

8.       CONTENT STANDARDS

8.1.    In relation to your user content, you are prohibited from posting or transmitting to or from the website any content:

8.1.1.that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or prejudice, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;  or

8.1.2.for which you have not obtained all necessary licenses and/or approvals; or

8.1.3.which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world; or

8.1.4.which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

8.2.    We reserve the right to refuse, delete or move any user content that is or may be available through the website, for violating these terms.

9.       USE OF CONTENT

9.1.    You acknowledge that your use of any content, including your user content, on the website is at your own risk and you hereby indemnify and hold us harmless against any third party claims which may arise from your use and/or reliance on the content on the website at any given time.

9.2.    As far as the law allows, MultiChoice, members of the MultiChoice Group and third party data providers give no warranties or representations with respect to this website or the content, including in relation to the accuracy, completeness, adequacy, timeliness or comprehensiveness of the content.

9.3.    As far as the law allows, MultiChoice, members of the MultiChoice Group and any third party data providers accept no liability, whether direct, indirect or consequential, for loss or damage of any kind or nature whatsoever, and howsoever arising from the use of or reliance on an inaccurate or incomplete data and/or information provided by MultiChoice on the website. MultiChoice will not be required to update the website or the content or to notify you or other users of content that is inaccurate, incomplete, inadequate or out-of-date. Such information and data may not be updated and must be considered only in the context of its initial date of publication.

9.4.    MultiChoice, members of the MultiChoice Group and any third party data providers may, in its or their sole discretion, from time to time, change, remove, update or

10.   INTELLECTUAL PROPERTY RIGHTS

10.1.                     This website and the content (subject to your rights in relation to your user content) are the property of the MultiChoice Group and/or is licensed to the MultiChoice Group and is protected by various international copyright, trademark, patent, trade dress or other intellectual property rights, laws and treaties as well as under common law. Intellectual property rights created (or generated by) the MultiChoice Group or its employees or in connection with the website and the content will vest in the relevant MultiChoice Group entity.

10.2.                     Your rights to use the website and the content are expressly limited to those given to you in these terms. You may not modify, copy, distribute, display, perform, reproduce, publish or create derivative works from the content or any part thereof (whether in paper or digitised copy), except as expressly permitted by these terms.

10.3.                     MultiChoice and the MultiChoice Group own all rights in and to the logos and images that appear on this website, including those depicted in MultiChoice’s logo library (the "MultiChoice logos and images"). The MultiChoice logos and images are trademarks, copyrights and intellectual property of MultiChoice and the MultiChoice Group. The MultiChoice logos and images are important assets to MultiChoice and the MultiChoice Group and represent a high standard of quality and brand recognition that MultiChoice and the MultiChoice Group spent substantial resources developing. Accordingly, the use of the MultiChoice logos and images is limited to editorial use by press agencies, journalists and students in newspapers, news magazines, trade publications, broadcast media, online media and educational articles about MultiChoice its products and services ("editorial purpose(s)"). MultiChoice strictly prohibits the use of the MultiChoice logos and images for any non-editorial purpose.

10.4.                     Only those third parties who wish to use the MultiChoice logos and images for editorial purposes, and those third parties who obtained MultiChoice’s prior written consent to use the MultiChoice logos and images for non-editorial purposes, are authorized to use the MultiChoice logos and images ("authorized users") provided that at all times MultiChoice’s (and that of any identified contributors) status as the author of the content on the website is always acknowledged. MultiChoice grants all authorized users a revocable, non-exclusive license to use the MultiChoice logos and images; subject, however, to the authorized users’ ongoing compliance with the following use requirements ("use requirements"), which authorized users confirm they have read and agree to be bound by, by downloading the MultiChoice logos and images:

10.4.1.    authorized users must check MultiChoice’s logo library before using a Logo or Image to ensure that they are using the current version of the Logo or Image;

10.4.2.    authorized users must reproduce the Logo or Image exactly as it appears in MultiChoice’s logo library when it is downloaded;

10.4.3.    authorized users must not alter the colour, font style, font size or stylization of the Logos or Images;

10.4.4.    authorized users must not use the Logos or Images in a sentence or text string;

10.4.5.    authorized users must not use the Logos or Images in combination or conjunction with any other logos, designs or elements;

10.4.6.    authorized users must not re-distribute the materials in which the Logos or Images appear for other third parties to use or copy; and

10.4.7.    authorized users must not offer any products or services in connection with the MultiChoice logos and images.

10.5.                     Without limiting or derogating from the rights of MultiChoice and/or any member of the MultiChoice Group, an Authorized User’s failure to comply with any of these use requirements will result in the revocation of their non-exclusive license to use the MultiChoice’s logos and images.

10.6.                     Should you be requested by MultiChoice or any member of the MultiChoice Group to stop using any MultiChoice owned content or any other content and/or the MultiChoice logos and images, then you agree to do so immediately upon receipt of such a request. If you print off, copy or download any part of our website or content in breach of these terms, your right to use our website will cease immediately.

10.7.                     MultiChoice, members of the MultiChoice Group and their respective employees and other representatives do not accept or consider unsolicited ideas including, without limitation, ideas for new promotions, new or improved products or technologies, marketing plans, new product names, program concepts, scripts, story lines, characters or any other proposals or suggestions. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works in any form to MultiChoice or any of its employees or other representatives. Any similarity between an unsolicited submission and any element in any creative work, product or service of MultiChoice or any member of the MultiChoice Group would be purely coincidental. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, you agree that your submissions will not be treated as confidential or proprietary and do not create any confidential or fiduciary relationship between you and MultiChoice or any member of the MultiChoice Group.

11.   LICENSE

11.1.                     You retain all ownership in your user content. However, you hereby grant to MultiChoice and the MultiChoice Group, in relation to such user content, a worldwide, non-exclusive, royalty-free, transferrable and sub licensable right to use, copy, modify, distribute, prepare derivative works of, display, publish and process your user content without any further consent, notice and/or compensation to you or others, including in relation to the promotion and redistributing of part or all of the Services (and any derivative works thereof) in any media formats and through any media channels.

11.2.                     You agree to do all such things and sign all documents as may be necessary to give effect to MultiChoice and the MultiChoice Group's rights in clause 11.1.

11.3.                     The above licence granted by you in 11.1 will terminate in relation to specific user content when you remove or delete your user content from the website, except (i) where you shared your user content with others as part of your use of the website and they copied, stored or re-shared the user content; and/or (ii) for the reasonable time it takes to remove such content from our back-up and other systems.

12.   NO LIABILITY

12.1.                     You agree that your access and use of the website and the content will be entirely at your own risk.

12.2.                     As far as allowed by law, MultiChoice and all the members of the MultiChoice Group will not be liable for any damage, loss or liability of whatsoever nature arising directly or indirectly from the use, or inability to use, or reliance on, or the performance of, this website or the content or from any destructive code in this website or the content. As far as allowed by law, this applies even where there is negligence and also applies even if MultiChoice or members of the MultiChoice Group have been advised of the possibility of such, damage, loss or liability.

12.3.                     As far as allowed by law, this website and content is supplied on an "as is" and "as available" basis and has not been compiled or supplied to meet any user’s individual requirements. MultiChoice and the members of the MultiChoice Group do not make any representations or give any warranties of whatever nature relating to this website or the content or the use thereof. As far as allowed by law, all representations and warranties of whatever nature relating directly or indirectly to this website or the content or the use thereof, and whether implied or imposed by law or otherwise, are hereby disclaimed and excluded.

12.4.                     This website may have links to other websites. Neither MultiChoice nor any of the members of the MultiChoice Group are in control of, or responsible or liable for non- MultiChoice Group websites or the contents of these non-MultiChoice Group websites. MultiChoice and members of the MultiChoice Group also do not necessarily endorse or recommend such other websites or their contents. These other websites are also subject to their own terms and conditions. You should read the terms of use and other legal information displayed on those websites. As a website user, it is your sole responsibility to verify and determine the veracity and accuracy of the data and information displayed on any other website to which MultiChoice may provide a link from time to time

12.5.                     MultiChoice does not take responsibility for the content, privacy policies and views expressed in or by any non-MultiChoice-Group websites or the consequences of your reliance on any content made available on, or any product or service procured from or by means of, any non-MultiChoiceGroup website.

13.   PRIVACY

13.1.                     You agree that MultiChoice may collect, process, use, store and transfer across borders your data in accordance with applicable data protection and data privacy laws. The Privacy Policy sets out the details of the personal and other information which MultiChoice and members of the MultiChoice Group collect, process and/or store. The Privacy Policy is accessible on the website at https://multichoiceafrica.com/privacy-cookies.

13.2.                     If you have any questions about the information MultiChoice or members of the MultiChoice Group collect, use, process or transfer when you use this website or the content, you can contact MultiChoice at https://multichoicetalentfactory.com/contact/contact_us.

14.   INDEMNITY

14.1.                     To the extent allowed by law, you hereby hereby indemnify and hold us and our employees, officers, directors, subsidiaries, shareholders, Affiliates, successors, assigns, representatives, agents, advisers, service providers, sub-contractors and suppliers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising from:

14.1.1.    your access to and/or use of the website and the content;

14.1.2.    your violation of any provision of these terms;

14.1.3.    your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right;  or

14.1.4.    any claim that any User Content submitted or posted by you or on your behalf is inaccurate, defamatory, unlawful, offensive and/or discriminatory and/or that it caused damage or loss to any person.

15.   LIMITATION OF LIABILITY

15.1.                     We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that the website and content or any part thereof, are free from latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

15.2.                     We will do our best to fix any fault on the website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault on the website.

16.   ELECTRONIC COMMUNICATIONS

16.1.                     By using the website, you agree that all agreements, notices, disclosures and other communications sent by you satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this clause, a "data message" means data generated, sent, received or stored by electronic means.

16.2.                     You agree specifically that:

16.2.1.    these terms will be treated as if concluded at our physical address on the date on which you first made any use of the website;

16.2.2.    an electronic signature is not required by you or us for purposes of agreeing these terms;

16.2.3.    your use of the website and content thereon is sufficient evidence of your agreement to these terms;

16.2.4.    any data message sent by either you or us to the other will be deemed to have been sent from our physical address;

16.2.5.    subject to the further provisions of these terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us;  and

16.2.6.    subject to the further provision of these terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

17.   COMPLIANCE WITH LAW

17.1.                     These terms and your access and use of the website and the content shall be governed by and construed in accordance with the laws of England and Wales. In the context of this website and the content, you, MultiChoice and the members of the MultiChoice Group agree to the exclusive jurisdiction of the courts of England and Wales. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

17.2.                     If any part of these terms (or any contract governed or created by the terms), or the website, or content, or your use thereof are regulated by or subject to any laws in any jurisdiction (including laws other than those of the country from which you access the website), it is not intended that any part of these terms contravenes any provision of such laws in such jurisdiction to the extent that they are applicable.

17.3.                     No provision of these terms (or any contract governed or created by these terms):

17.3.1.    does or purports to limit or exempt MultiChoice or any member of the MultiChoice Group from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that applicable laws do not allow such a limitation or exemption;

17.3.2.    requires you to assume risk for liability or loss (including the kind of liability or loss referred to above), to the extent that applicable laws do not allow such an assumption of risk; or

17.3.3.    limits or excludes any warranties, rights or obligations which are implied into the terms (or any contract governed or created by the terms) by applicable laws, or which we give under applicable laws, to the  extent that applicable laws do not allow them to be limited or excluded.

17.4.                     Using the website (or a part thereof) and viewing the content you seek to use may not be lawful in certain jurisdictions. In certain  jurisdictions, only certain categories of persons may be allowed to view the content. You must satisfy yourself that you are not subject to any local requirements or laws that prohibit or restrict you from using the website and viewing the content. You must comply with all requirements and laws that apply to you which prevent or restrict you from using the website and viewing the content.

17.5.                     Each provision of these terms, and each part of any provision, is removable and detachable from the others. As far as the law allows and subject to what is stated in the remainder of this clause, if any provision of these terms, or part of a provision, becomes unenforceable, illegal or invalid, it must be treated as if it was not included in these terms. The rest of these terms will still be valid and enforceable.

18.   GENERAL AND CONTACT INFORMATION

18.1.                     The failure by any member of the MultiChoice Group to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

18.2.                     These terms and any additional terms make up the whole agreement between you and the MultiChoice Group relating to the access and use of this website and the content.

18.3.                     These terms and any rights, obligations and licenses granted hereunder may not and must not be transferred, ceded, delegated, assigned or novated by you.

18.4.                     You agree that MultiChoice and/or any member of the MultiChoice Group (as the case may be) may, at any time, transfer, cede, delegate, assign or novate any or all of its/their rights and obligations under these terms and they may do so without your consent. Where required by law, MultiChoice will notify you if MultiChoice and/or any member of the MultiChoice Group transfers, cedes, delegates, assigns or novates any rights or obligations to a third party. MultiChoice and/or any member of the MultiChoice Group may sub-contract their obligations without your consent and we do not have to inform you if we sub-contract any of our obligations.

18.5.                     These terms shall apply for the benefit of, and be binding on, each party's successors in title.

18.6.                     We may also update or change our website, content or any part thereof from time to time. We will try to give you reasonable notice of any major changes that apply to you or any suspension or withdrawal.

18.7.                     The termination of any contract created by these terms will be without prejudice to any other rights or remedies that you or we may be entitled to under these terms or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these terms which is expressly or by implication intended to come into or continue in force on or after such termination.

18.8.                     If you have any questions, queries or wish to request permission to use any part of this website including, linking, framing or searching, please contact us at: https://multichoicetalentfactory.com/contact/contact_us.