Terms Of Use

Viva Nation TV Terms of Use

All content (‘Content’) is licensed to you by VIVA NATION TV INCOPORATED (‘Viva Nation TV’, also ‘we’ and ‘us’) subject to the following Terms of Use. ‘You’ means the user of the services provided by Viva Nation TV and includes any person who we reasonably believe is acting with your authority or knowledge, including but not limited to use of your device.
‘Device’ refers to the means which are used to stream over the Internet to certain Internet-connected TVs, computers and mobile devices.
These Terms of Use govern your use of our service.

1. Membership

1.1. Your Viva Nation TV membership will commence when you (the Subscriber) registers to use the Viva Nation TV Service and we accept the registration and will continue on a month-to-month or annual basis until terminated by the subscriber or Viva Nation TV.

1.2. To use the Viva Nation TV service you must have Internet access and an internet ready device and provide us with one or more Payment Methods. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. (see "Cancellation" below).

2. Free Trials

2.1. Your Viva Nation TV membership may start with a free trial. The duration of the free trial period of your membership will be within a period of 30 days after the Subscriber registers and is intended to allow new members to try the service.

2.2 We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period and continue on a month-to-month or annul basis until terminated by the subscriber or Viva Nation TV.

3. Billing and Cancellation

3.1 Billing Cycle
The Billing Cycles are available as per the relevant subscription models mentioned :

Annual basis until terminated by the subscriber or Viva Nation TV.

3.2. Payment Methods
Credit Card / Debit Card

3.3. Cancellation

- Login to the Web Portal
- Hover over your Username in the Header of the Page
- Select My Plans
- Click the “Cancel Subscription” Button
- The Portal will provide a “Response Section” for the reason of Cancellation.
- Populate the provided as per the information indicated and proceed by clicking on the “Cancel Subscription”
- You will receive a Cancellation notification via email confirming that your access to view content is valid till the initial rollover date.
- Once the respective rollover Date has lapsed, billing will no longer be debited from your account.

4. Applicability

4.1. By accessing the Content, an agreement between you and Viva Nation TV incorporating these Terms of Use will come into force at such time (‘the Agreement’). We reserve the right to introduce amendments to the Terms of Use and/or the Content as we shall from time to time deem necessary. By accessing Content following any such modification you will be deemed to accept such modification. It is your responsibility to keep up to date with any changes in the Terms of Use.

4.2. The general Terms of Use of your subscriber agreement (including post-paid and prepaid) shall also apply when accessing the Content. In the event of any conflict, this Agreement will prevail in respect of the Content only.

4.3. This Agreement is governed by South African Law, and you agree to submit to the exclusive jurisdiction of the South African courts.

4.4. Nothing in this Agreement affects your statutory rights as a consumer.

4.5. You agree where the content relates to medical tips or advice it does not constitute diagnosis and you indemnify Viva Nation TV  against any loss that you may suffer relating to such content.

5. License Grant

5.1. The Content and any copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) included in the Content is either owned by Viva Nation TV  or has been licensed to Viva Nation TV  by the rights owner(s).

5.2. All copies of Content remain the property either of Viva Nation TV or the rights owner(s) from which the Content has been licensed.

5.3. Viva Nation TV will not replace or refund any Content if such Content is deleted, damaged or otherwise removed from your mobile phone through no fault of our own.

5.4. You may only use the Content for private and personal purposes. You may not infringe the intellectual property rights of others. You must comply with all other reasonable instructions regarding use of the Content.

5.5. You may not, or attempt to, copy, distribute, modify, reformat, display, license, transmit, sell, perform, publish, transfer, reverse engineer or decompile (except to the extent expressly permitted by applicable law or as set out in this Agreement), or otherwise make available, any or all of the Content. You are expressly prohibited from forwarding any and all content available on the platform (or any other Content that Viva Nation TV may advise from time to time) to others.

5.6. You must be over 16 years of age, or else you must be able to demonstrate to Viva Nation TV that you have obtained parental consent, or the consent of a guardian, to access the Content. Additionally, you must obtain the permission of the person who pays for the device (including usage charges) before accessing the Content. This includes where your employer or parent pays for such bills.

5.7. The user of any streaming based or delivered Content must have a device that can send and receiving emails and text messages, and your Service Provider must allow access to the Content and receipt of messages from us.

5.8. If you are using Streaming based Content, you must ensure that your device is a supported device, you can receive SMS messages and emails, and the WAP / WEB gateway you use is correctly configured.

5.9. You must not use the Content other than in accordance with the acceptable use policies of any connected networks.

5.10. Any attempt to use the Content in an unauthorised way or in a way likely to cause offence will be in breach of this Agreement, and we may suspend your use of the Content. In addition, you may be liable to Viva Nation TV for damages, costs and expenses incurred by Viva Nation TV as a result of your breach of this Agreement.

5.11. You are responsible for ensuring that no unauthorised access is obtained to the Content through your device. You will be entirely liable for all activities conducted through your device whether authorised by you or not, until such time as you notify Viva Nation TV of such unauthorised use and we have stopped access to the Content from your mobile phone.

5.12. You must notify Viva Nation TV immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Content, and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. If you fail to stop the act or acts complained of, we may suspend your use of the Content.

5.13. If we suspend your use of the Content for contravention of any part of this Agreement, we will not restore it until we receive an acceptable assurance from you that there will be no further contravention.

5.14. Indemnity by you: You agree to indemnify us, our licensors and your Service Provider against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by Viva Nation TV  or our licensors, as a result of any claim by a third party resulting from your use of the Content (or use of the Content by anyone who accesses the Content using your device) caused by your breach or non-observance of this Agreement. We shall notify you of any claim received, and you hereby provide Viva Nation TV with full authority to defend, compromise or settle such claims and shall provide Viva Nation TV  and/or our licensors with all reasonable assistance necessary to defend such claims, at your sole expense.

6. Delivery of the Content

6.1. You acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.

6.2. Viva Nation TV  is not responsible for any failure to deliver Content to you if your device is not switched on or is not configured correctly, your response is not in the correct format, your device is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Streaming services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.

6.3. We may vary the Content or the technical specification of the Content from time to time.

6.4. We may withdraw or change the Content at any time for technical, commercial, public interest or operational reasons. If we permanently withdraw the Content, this will be communicated through written notice of intention to withdrawal the Content. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice.

7. Warranty

7.1. Except as specifically provided herein and to the fullest extent allowed by applicable law, Viva Nation TV  expressly disclaims all other warranties, conditions and other terms, whether express or implied, written or oral, with respect to the Content including any warranty, condition or term of merchantability, fitness for a particular purpose, or non-infringement. If the Content you have bought is defective, your remedy is to seek a refund for the cost of that defective Content from the retailer where you purchased the Content. Content will not be considered defective due to problems arising solely from your device or your internet connection.

7.2. To the fullest extent allowed by applicable law, Viva Nation TV  and any of the other parties involved in the provision of the Content will not be liable for direct, indirect, special or consequential damages arising out of your use of or inability to use the Content including but not limited to damages for loss of use, profits, data or the cost of procurement of substitute goods or services, whether such damages arise in contract, negligence, delict or otherwise.

7.3. Nothing in this Agreement shall affect your statutory rights as a consumer or act to exclude or limit our liability for (i) death or personal injury caused by our negligence, (ii) fraud or (iii) any other liability which may not be excluded or limited by applicable law.

8. Marketing and Promotions

8.1 By accepting these Terms of Use in the first opt-in, you automatically provide Viva Nation TV with the necessary consent to pass on your personal information, generated by Viva Nation TV, to the relevant third party for purposes of promoting alternative services, recommendation of new or existing services, and generating preference profile for direct targeted marketing.

8.2 By accepting these Terms of Use you are giving Viva Nation TV the necessary consent to receiving direct marketing or promotional messages.

8.3 You will be able to Opt-out from any further promotional or targeted messages, from Viva Nation TV by requesting such via the ‘Contact us link’.


1. The following Terms of Use contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which we will have towards you and other persons. These Terms of Use also limit and exclude your rights and remedies against Viva Nation TV and place various risks, liabilities, obligations and legal responsibilities on you. These Terms of Use may result in you being responsible for paying additional costs and amounts and Viva Nation TV may also have claims and other rights against you.

2. To the extent that the Terms of Use or any goods or services provided under the Terms of Use are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms of Use must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with. SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: Clauses: 1.5; 2.15; 4.6 and 4.7


Last Updated: October 15, 2019
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