We are a company registered in Botswana (Company Registration Number CO2012/12673), and our address for correspondence is UPICtv, Botswana Fibre Networks (Pty) Ltd, Zambezi Towers, Plot 54352 FL 2,3&4, Central Business District, Gaborone, Botswana. We are a subscription service that provides our members (“you” “yourself” “Users”) with access to content including but not limited to access to motion pictures, television and other audio-visual entertainment (“content”) delivered over the Internet, to Internet enabled devices.
Description Of Service And Acceptance Of Terms
UPICtv (“we,” or “us”) provides an online video service which gives users the opportunity to select from various offerings of live and on-demand programming, including television shows, movies, clips, and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by UPICtv through a variety of Access Points (defined below) are referred to collectively as the “Services.” The term “Access Points” refers to, collectively, the UPICtv.co.bw website (the “UPICtv Site”), applications, and other places where any Services are available, including websites and applications of UPICtv’s third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the Video Player.
Please note that the website addresses (i.e., URLs) included within these Terms may not function as hyperlinks on all the Access Points. To view these Terms with clickable hyperlinks, please visit the UPICtv Site on your computer.
Changes To These Terms
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the UPICtv Site at https://upictv.co.bw/terms-of-use/. In addition, you can access these Terms from UPICtv applications. If we make a material change to these Terms, we will notify you by posting a notice on the UPICtv Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
In order to access our service, you will have to create an account with UPICtv either by formally registering with UPICtv, or via the application, or a third party such as Facebook Ireland (“Facebook”). You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the UPICtv service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
Our service may allow you to:
- Access content on a temporary download basis for a limited period of time, or
- Access content on a subscription basis for streaming over a limited period of time during the subscription period, or
- A combination of temporary downloads and streaming. This may depend on your geographic location.
Subject to your compliance with these Terms and your payment of any applicable fees, UPICtv or its content providers grant you a limited, revocable, non-exclusive, non- transferable, non-sub licensable license to access and make personal and non-commercial use of UPICtv service (each a “License”):
- To stream Site content;
- To download content via our application on a temporary basis for a limited period of time, and
- If the Site includes a “Download” link next to the content, the License to download a single copy of such content to a device or other permitted device only on a temporary download basis for a limited period of time. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
You may view content through the UPICtv service only in geographic locations where we have licensed such content. The content that may be available to watch will vary by geographic location. UPICtv will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch is limited. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
The quality of the display of the content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, your device, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. UPICtv makes no representations or warranties about the quality of your watching experience on your device. The time it takes to begin watching content will vary based on a number of factors, including your location, available bandwidth at the time, the movie or TV show or other audio-visual entertainment you have selected and the configuration of your viewing device.
We continually update the UPICtv service, including the content library, delivery methods and pricing. And we may add or remove content from our Service, or change the basis on which the content is available on the service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use the UPICtv service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree that:
- You are prohibited from reproducing, modifying, copying, uploading, exporting, transferring, selling, forwarding or transmitting the Contents on the Site or in the application other than in accordance with the license granted and further not to reproduce any information of the Site or in the application on any other website.
- You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the content including geo-filtering mechanisms.
- You may not either directly or through the use of any device, software, internet site, web-based service, or other download, stream, (except as explicitly authorized in these Terms) copy, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the content unless expressly permitted by UPICtv in writing.
- You may not incorporate the content into, or stream or retransmit the content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by UPICtv in writing. Furthermore, You may not create, recreate, distribute or advertise an index of any significant portion of the content unless authorized by UPICtv.
- You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the UPICtv service; use any robot, spider, scraper or other automated means to access the UPICtv service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the UPICtv service; insert any code or product or manipulate the content of the UPICtv service in any way; or, use any data mining, data gathering or extraction method.
- You shall not 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 UPICtv service, including any software viruses or any other computer code, files or programs.
- You may not build a business utilizing the content, whether or not for profit. The content covered by these restrictions includes without limitation, any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by UPICtv in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
- You may not arrange for any other website to be connected to the Site or application by way of hyperlink or otherwise without the prior written consent of UPICtv.
- You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables You to view the content without:
- Displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, watermarks and trademarks) of the webpage where the Video Player is located; and
- Having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Subscription, Free Trials, Billing, Renewal and Cancellation
- Reoccurring Subscription: Your UPICtv subscription, which may start with a free trial, will continue month-to-month, or according to your chosen subscription plan “Subscription Period” as currently available on the Site (subject to a few exceptions, such as Payments by direct bank and cash payments), unless and until you cancel your subscription or we terminate or discontinue it. You must cancel your subscription before it renews each Subscription Period in order to avoid billing of the next subscription to your the credit card or other payment method (“Payment Method”).
- Differing Subscription Plans: We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations. You can find specific details regarding your subscription plan with UPICtv by visiting the Site and clicking on “Profile” page on the Site or application. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
- Your UPICtv subscription may start with a free trial. The free trial period lasts is as specified during your sign-up. You can cancel your UPICtv free trial at any time. Unless otherwise noted, free trials may not be combined with any other offers and are limited to one per member. Free trials are for new and certain former members only. UPICtv reserves the right, in its absolute discretion to determine your free trial eligibility.
- We will begin billing your Payment Method for the Subscription plan detailed during your sign-up, at the end of the free trial period, unless you cancel prior to the end of the free trial period. Subscription plans detailed during the free trial sign up may differ based on your geographic location. UPICtv reserves the right, in its absolute discretion to determine the default Subscription plan post free trial.
- You can view details on how to cancel your free trial via your UPICtv Profile page. To cancel, please click on “ Profile” page on the Site, and select Cancel Subscription option. Alternatively, if that option is not available on your account or in the application, you can send an email to support@UPICtv.co.bw with “cancellation” written in the subject line and your username (at the top right of the “Profile” window) and your email address in the body of the email. If you have subscribed with PayPal, and wish to cancel your free trial, you will need to do so through PayPal.com. Also, you may request information on how to cancel via PayPal, by sending an email to support@UPICtv.co.bw or using the chat window to the bottom right of the “Profile” window. UPICtv is not responsible for any failure to cancel your free trial via PayPal.
- If you cancel your free trial prior to the allotted expiration, you will continue to have access to UPICtv for the remainder of your free trial period.
By signing up for your UPICtv subscription, you are expressly agreeing that we are authorized to charge you a subscription fee at the then current rate, every one (1) month, three (3) months, six (6) months, or twelve (12) months or based on any length of time we determine (“Subscription Period”) depending on your subscription plan, in addition to any other fees or charges you may incur in connection with your use of the UPICtv service, including any applicable taxes to the Payment Method accepted by UPICtv. You acknowledge that the amount billed during each Subscription Period may vary for reasons that include promotional offers, changes in your Subscription plan, or changes in any applicable taxes and you authorize UPICtv to charge your Payment Method for the corresponding amounts.
We automatically bill your Payment Method on the calendar day corresponding to the commencement of your Subscription Period and each Subscription Period thereafter (subject to a few exceptions, such as Payments by direct bank and cash payments) unless and until you cancel your subscription. By way of example, if you became a paying subscriber on July 1, for a one-month subscription plan, your Payment Method would next be billed on August 1. Also, if you became a paying subscriber on June 1, for a 6-month subscription plan, your Payment Method would next be billed on January 1. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing. In the event your Subscription Period begins on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or Subscription Period or such other day, as we deem appropriate.
As used in these Terms, “Billing” shall indicate either a charge or debit, as applicable, against your Payment Method.
The subscription fee will be billed at the beginning of your Subscription Period, and on each Subscription Period renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended, terminated or discontinued pursuant to these Terms. To see the commencement date for your next billing cycle or renewal period, go to the Status section on “Profile” page on the Site or application. Alternatively, you may refer to your email invoice confirming your subscription from support@UPICtv.co.bw.
However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed.
If your Payment Method expires and you do not edit your Payment Method information or cancel your account, your service will automatically renew without prior notice to you, using the details of your previous payment. You must cancel your service before it renews in order to avoid us billing your account. However, where there are insufficient funds in your account, your account access would be terminated following several attempts to renew your subscription and communicate the issue to you.
Payments can be made via credit card, or via any other payment method accepted by UPICtv (“Payment Method”) or the payment method you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on “Profile” at the top right of your window and selecting “Update card details”. Alternatively, you can send an email to support@UPICtv.co.bw requesting a secure, personalized link to update your payment information. If you subscribe with PayPal, updates can be made via the PayPal website.
All fees and charges are non-refundable including refunds for partial months and content not watched. Very rarely, if there are special circumstances where UPICtv determines it is appropriate (e.g., the UPICtv service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at UPICtv’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Cancelling your subscription:
You can view details on how to cancel your account via your UPICtv Profile page (if available). Alternatively, you can send an email to support@UPICtv.co.bw requesting that we cancel your account. You must cancel your subscription 72 hours before it renews each Subscription Period in order to avoid the next Subscription Period’s billing. You can cancel your UPICtv subscription at any time. However note that we do not offer refunds for partial months. If you cancel your subscription prior to the allotted expiration, you will continue to have access to UPICtv for the remainder of your Subscription Period. To cancel, please click on “Profile” on the Site or application, and select Cancel Subscription option. Alternatively, if that option is not available on your account, you can send an email to support@UPICtv.co.bw with “cancellation” written in the subject line and your username (at the top right of the Profile window) and your email address in the body of the email. If you have subscribed with PayPal, and wish to cancel your subscription, you will need to do so through PayPal.com. Also, you may request information on how to cancel via PayPal, by sending an email to support@UPICtv.co.bw or using the chat window to the bottom right of the “Your Profile” window. UPICtv is not responsible for any failure to cancel your free trial via PayPal.
We reserve the right to adjust pricing for our service or any components thereof, including pricing for subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion.
Password and Account Access
- You must provide accurate and complete information when creating an account during Registration for the UPICtv service. You may check, following subscription help instructions to determine whether your information is current and accurate, and if not, to correct or update your registration data.
- You are responsible for all uses of your password. You agree not to assign, transfer; sublicense your rights as a user to the Site or application.
- If UPICtv determines, or has reasonable grounds to believe in its sole discretion that information you provided is inaccurate, incomplete, misleading or designed to deceive, UPICtv reserves the right to immediately suspend or terminate your account, with or without notice to you, and without refund of any sums you have paid as a subscriber, and refuse to grant any and all current or future access to use of the Services, and any benefit to which you may be entitled through your access and use of the Site or application.
- You agree to promptly update your information, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known breach of security including loss, theft, or unauthorized disclosure of your password. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your information and for any losses UPICtv suffers due to the unauthorized use of your account.
The UPICtv service may enable you to submit comment, information or reviews to the UPICtv service, (“User Material”), and such User Material will generally be available to all Users of the UPICtv service. User Materials do not include account information you provide when you register as a Member or when you subsequently change that information. UPICtv does not endorse any User Material, and any User Materials on the UPICtv service do not reflect the opinions or policies of UPICtv.
We do not necessarily review User Material submitted by Users or You. We are not responsible for the content of User Material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right (but not the obligation) in our sole discretion, to refuse to post or to remove or edit any of your User Material, or the right in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the UPICtv service, where User Material breaches the provisions of this Section on User Materials without notice to you.
When you provide UPICtv with, or submit User Material, including any other material contained in any communication you may send to us, including responses to questionnaires, to the Site or application, or as part of your use or access of the UPICtv service, you grant UPICtv, its subsidiaries and affiliates, an irrevocable, perpetual, non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, distribute, store, prepare derivative works of, display and publicly perform that User Material in any media now known or hereinafter created. You further grant UPICtv the right to grant permissions to users of the Site to view such information for personal and non-commercial use. You agree that you shall immediately notify UPICtv of any objectionable posts or other content appearing on the Site. You acknowledge and agree that UPICtv is free to use any User Material and that you have no expectation of compensation or confidentiality of any nature with respect to any User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract or cause injury to any person or entity;
- The content is accurate;
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise objectionable, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; (iv) in submitting your User Material you are not impersonating any other person; (v) you agree to pay for all royalties, fees and other payments owed to any person by reason of your posting User Material and;
- You will indemnify UPICtv for all claims resulting from the User Material you submit.
You may encounter third party applications that interact with the UPICtv service or features that allow you to use third party applications or services, including Facebook and Twitter. These applications or services may import date related to your UPICtv account and activity and otherwise gather data from you. You acknowledge and agree that UPICtv is not responsible for User Material you share with or through third party applications or services. Such applications and services are owned or operated by third parties that are not related to or sponsored by UPICtv. Use of a third party application or service is at your own option and risk.
“Intellectual Property” in this context means copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.
The UPICtv service, including all content provided on the UPICtv Service is the property of UPICtv or its licensors and is protected by United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.
UPICtv is a registered trademark of UPICtv. UPICtv’s trademark and trade dress may not be used in connection with any product or service that is not UPICtv’s, in any manner that is likely to cause confusion among clients or in any manner that disparages or discredits UPICtv. All other trademarks not owned by UPICtv that appear in any UPICtv service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UPICtv.
You may not extract and/or re-utilise parts of the content of any UPICtv service without our express written consent. In particular, you may not utilize any date mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any UPICtv service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any UPICtv service without our express written consent.
UPICtv respects the intellectual property of others. If you believe your work has been used in a way that gives rise to concerns of infringement, please notify us using the procedure below for making infringement claims.
Notice and Procedure for Claims of Copyright Infringement
If you are a Copyright Owner or an Agent asserting that any of the content on the Site infringes upon your copyrights, you may submit a notification by making available the following information to us or our Copyright Agent in writing in accordance with the procedure set forth below. We will process and take appropriate action in accordance with applicable intellectual property laws.
Your notification must contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A copy of your notification should be emailed to UPICtv’s copyright agent at copyright@UPICtv.co.bw (Please note that this contact address is only for copyright infringement claims; you will not receive a reply if the matter is not a copyright issue).
Third Party Content/Links to Other Websites
The Site or application may contain links to other websites or services that are not owned or controlled by UPICtv. You acknowledge that any access is at your sole discretion and risk. We do not review or endorse any of those websites or services. We are not responsible in any way for:
- Any errors or omissions in relation to other websites, services or contents on the websites;
- The privacy practices;
- The availability;
- The content, advertising, products, goods or other materials, services or resources on or available from; or (5) the use to which others make of; these websites or services.
UPICtv does not warrant, endorse, guarantee, or assume responsibility for any website, product or services advertised on, or offered by a third party through the site or the UPICtv service, or any hyperlinked services or featured in any banner or other advertising. UPICtv will not be responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use or reliance on such websites or services.
Termination, Modifications, Suspension
We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the UPICtv service (including the content and the devices through which the UPICtv service is accessed), with respect to any or all Users, at any time without notice. You acknowledge that we may do so in UPICtv’s sole discretion. You also agree that UPICtv will not be liable to you for any modification, suspension, or discontinuance of the UPICtv service, although if EPIQXP suspends or discontinues the UPICtv service, UPICtv may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if UPICtv terminates your account or suspends or discontinues your access to UPICtv service due to your violation of these Terms, or any applicable law, rule or regulation, or engaged in other inappropriate conduct, then you will not be eligible for any such credit, refund, discount or other consideration.
Disclaimers of Warranties
The UPICtv service and all content and software associated therewith, or any other features or functionalities associated with the UPICtv service, are provided “as is” and “as available” with all faults and without representation or warranty of any kind. To the full extent permissible by applicable law, UPICtv, its subsidiaries and affiliates expressly disclaim all warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose or use, and non-infringement.
UPICtv, its subsidiaries and affiliates do not guarantee, represent, or warrant that the UPICtv service, features, infromation, content, materials, the site, software or other services included or otherwise made available to you through the EPIQXP service, or electronic communication sent from UPICtv are uninterrupted or error free; are free from of any bugs, viruses, trojan horses or other harmful components. You agree that your use of the services provided on this site shall be at your sole risk. UPICtv makes no warranties or representations about the accuracy or completeness of the UPICtv service, or the content.
Limitation and Exclusion of Liability
To the extent permissible under applicable laws, in no event shall UPICtv, or its subsidiaries or affiliates or any of their shareholders, directors, officers, employees, agents or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, direct, indirect, punitive or consequential damages of any kind, or any damages whatsoever arising from the use of the UPICtv service, the site, or from any information, content, materials, services, products included or made available to you though any UPICtv service.
The Service is controlled and offered by UPICtv from its facilities. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You agree to indemnify, defend and hold harmless UPICtv, its subsidiaries, affiliates, successor, and each of its officers, directors, employees, advertising and promotion agencies, representatives or agents, including UPICtv’s distributors and licensors, (collectively the “Indemnified Parties”) from and against any and all losses, liabilities, claims, obligations, damages, expenses or costs (including but not limited to attorney’s fees) incurred by or made against any Indemnified Party arising from:
- Use of and access to the service,
- Violation of any of the Terms, policy or guidelines referred to herein
- Violation of any third party right, including without limitation any Copyright, Property or Privacy right; or
- Any claim that our Content caused damage to a third party. This defence and indemnification obligation will survive the Terms and use of the Services.
If you have any questions concerning the use of the UPICtv service or these Terms, please contact UPICtv customer service by sending an email request to support@UPICtv.co.bw.
The provisions of these Terms which by their nature should survive cancellation or deletion of your Account shall survive such cancellation or deletion.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: email@example.com. Enjoy our Service!