Terms and Conditions
Welcome to Streamdb.net. We are an online subscription service, providing our members with access to motion pictures, television and other audio visual entertainment ("movies & TV shows"). We've put together some detailed terms and conditions. You should read and understand them as they govern your use of our service.
These Terms and Conditions provide that all disputes between you and Streamdb.net will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Streamdb.net.
These Terms and Conditions are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms and Conditions when you have a question about the service or want to know how something works. For your convenience, we've indexed the Terms and Conditions so as to help you more easily navigate and access areas of interest. We hope you enjoy your Streamdb.net experience.
A. GENERAL CONDITIONS OF ACCESS TO STREAMDB.NET WEBSITE
1. This Website is offered to Users by Marzal Limited, 3 STATION ROAD, BOROUGH GREEN, SEVENOAKS, KENT, UNITED KINGDOM, TN15 8ER, Company No. 08242571 trading as Streamdb.net. Please note that these Terms and Conditions are valid, binding and enforceable against all persons that access the Website, or any part thereof.
2. If Users do not agree to be bound by these Terms and Conditions, Users must leave the Website without delay, as further use of the Website shall automatically bind Users to these Terms and Conditions.
3.1. "Customer Services" means the Streamdb.net unit processing customer queries located at email@example.com;
3.2. "Instruction" means an instruction from the User by means of a communication to Streamdb.net to perform or process a transaction;
3.3. "Member" means a User, duly registered and authorised to use the Online Services;
3.4. "Offline Business" means the services provided by Streamdb.net other than via the Online medium;
3.5. "Online" means through the Website;
3.6. "Online Business" means the services provided Online by Streamdb.net to Users;
3.7. "Purchase" and "Rental" shall have a corresponding meaning;
3.8. "Password" means a familiar sentence, saying or phrase provided by the User that shall be required in order to verify and identify the User and to facilitate the use of the Streamdb.net service;
3.9. "Streamdb.net" means Marzal Limited;
3.10. "Subscription" and "Membership" shall have a corresponding meaning;
3.11. "Subscription Period" means the one month period for which Members get billed, which period shall be automatically renewed by Streamdb.net unless cancelled by the Member;
3.12. "Titles" means the goods for rental or purchase (as the case may be) via the Website including, without limitation audio/video clips, graphics, games, DVDs or digital downloads;
3.13. "User" means any person who enters or uses the Website, notwithstanding the fact that such a person only visits the home page of the Website; and
3.14. "Website" means the Website, owned and operated by Marzal Limited, 3 STATION ROAD, BOROUGH GREEN, SEVENOAKS, KENT, UNITED KINGDOM, TN15 8ER, Company No. 08242571 and located at, http://streamdb.net including any part thereof;
3.15. References herein to the singular includes the plural and vice versa;
B ONLINE RENTING
1.1. This Agreement governs the rights and obligations of Members, the Users and Streamdb.net in respect of the supply of Online Title Rentals. The rights of a User shall be limited to accessing and viewing such information provided on the Website for which no Password is required.
1.2. In this Agreement, all references to Member(s) shall include reference to a User, provided that a User shall under no circumstances obtain any of the rights granted to Members in this Agreement.
1.2.1. This Agreement is confined to Online Title Rentals and, unless otherwise provided for, does not apply to Offline Business.
2. Acceptance of Terms and Conditions
2.1. This Agreement governs the rights and obligations of Members, the User and Streamdb.net in respect of the supply of Online Title Rentals. The Streamdb.net service is comprised of information and content, which includes but is not limited to advertising services, materials, general news, e-commerce, interactive chat rooms, and/or forums (moderated and unmoderated) provided by Streamdb.net and third parties with whom Streamdb.net has contracted.
2.2. Streamdb.net reserves the right to change or update these Terms and Conditions from time to time.
2.3. Some of the content provided on this Website may not be suitable for Users under 18 years of age. Access to such content is disabled by default. Streamdb.net will allow Users to configure filtered access to such content but advises parents or guardians to supervise children's use of this Website, as Streamdb.net is unable to monitor Users of the Website on a regular basis.
2.4. When making application to become a Member, Users agree that:
2.4.1. they will be irrevocably bound by the Terms and Conditions applicable to the use of this Website;
2.4.2. they will provide full and accurate information;
2.4.3. registration is for a single user and a Member's password cannot be shared with any other person.
2.5. Members and Users further undertake not to:
2.5.1. impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
2.5.2. make use of the Website to collect, harvest or otherwise obtain personal information relating to other Users or Members.
3. Description of Membership
3.1. As a User who has chosen to and voluntarily registered, Members are able to access all the chargeable services on the Streamdb.net Website, ownership of which remain vested in Streamdb.net at all times.
3.2. Members can find the specific details regarding their subscription with Streamdb.net including billing dates, at any time by clicking on the "My Account" section of the Website.
3.3. By supplying a telephone number when applying for Membership, Users grant Streamdb.net permission to contact Members via phone regarding a Member's account and any special offers or promotions that Streamdb.net may offer Members from time to time.
4. Password and Security
4.1. Upon providing the relevant personal information (including a User's name, email address, postal address, Identity Number, valid payment details and/or documentation) required by Streamdb.net ("the Initial Requirements") "Potential Members" will be required to adopt a Password by such means and in such format as Streamdb.net may determine from time to time.
4.2. The chosen Password will thus enable Members to log on to the part of the Website reserved for Members.
4.3. Members are responsible for maintaining the confidentiality of their Password and/or Username and are responsible for all activities that occur under them. Streamdb.net do not have the means to check the identity of parties using the Website and will not be liable where a Member's Password is used by an unauthorised party.
4.4. Should a Member change its address, Members are required to update their address details in the My Account section of the Website so as to ensure that Titles are not delivered to the wrong address. This is to be done before Members actually relocate, as Members will be liable for any Titles delivered to the wrong address.
4.5. Streamdb.net may, in its sole discretion and for whatever reason, require a Member to change his/her Password from time to time and the Member undertakes to comply with such requirement unconditionally.
4.6. If an Instruction sent by e-mail is not acknowledged by Streamdb.net, the Member shall not re-submit or send the same Instruction before contacting Customer Services. This is because the initial Instruction may still be processed and re-sending the Instruction may lead to a double Transaction for which Streamdb.net shall not be held liable.
4.7. Members shall report any actual or potential unauthorised access to or use of the Password to Streamdb.net, without delay, to Customer Services. On receipt of such notification, via email Streamdb.net reserves the right to:(a) reject all Instructions received after such notification; (b) suspend the processing of all Instructions not yet executed; (c) reverse (if possible) all executed Transactions with effect from such date and time as Streamdb.net may reasonably determine the unauthorised use to have commenced; or (d) deactivate the Password without further notice.
4.8. Members shall be obliged to log-off from the Online Service before exiting a Session. Failure to log-off could result in unauthorised Transactions for which Streamdb.net will not be held liable.
4.9. In the event that a Member forgets or misplaces his or her Password, Members are required to contact Customer Services, alternatively following the instructions under the "Forgot Password" section on the Website.
5.1. Members warrant that:
5.1.1. he/she are over 18 years of age;
5.1.2. all information and details provided by Members to Streamdb.net (including on registration as a Member) are true, accurate and up to date in all respects (please click on "My Account" to update your Membership details if needed); and
5.1.3. Members will comply with these Terms and Conditions including, without limitation, the restrictions relating to acceptable use set out in paragraph 8 below.
5.2. Members agree to indemnify and hold Streamdb.net harmless from any claim or damages (including any legal fees) made by a third party in respect of any matter in relation to or arising from a Member using the Streamdb.net Website and/or Membership arising from any breach or suspected breach of these Terms and Conditions by Members or a Members violation of any law or the rights of any third party.
6. Free Trial
6.1. Free trials are only available to new Subscribers of Streamdb.net. Previous Subscribers or triallists of Streamdb.net or any other service provided by Streamdb.net do not qualify for a free trial.
6.2. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted.
6.3. Users must have internet access and valid payment details to redeem a free trial offer.
6.4. Upon registering for a free trial, Users agree that a deposit equalling R149 will be charged for the use of the service in order to protect Streamdb.net from theft and fraud and to verify a User's identity, This deposit will be refunded upon user cancellation within the free trial period, provided that Streamdb.net does not suspect theft or fraud on the part of the user. The deposit becomes a non refundable activation fee after the free trial period is over. The end of a free trial is effective on the day that the first monthly payment for the service is submitted.
6.5. A Subscriber's free trial period which is limited to 3 Titles to be kept no longer than 14 days, commencing on the date registration is completed and the account is successfully created.
6.6. Streamdb.net will begin billing Subscribers at the end of the free trial period, and thereafter on prescribed monthly intervals, unless Users cancel their Subscription before the end of the free trial period. Streamdb.net will continue to bill Users through their chosen payment method for the service until a Subscriber has successfully completed the cancellation process.
6.7. Users must cancel their account before the end of the free trial period to avoid charges. For instructions on how to do this, see the section on "Cancellation" hereunder.
7. Subscription Fees
7.1. In consideration for the benefits ensuing from Membership, Members consent to Streamdb.net charging them subscription fees and any other charges that Members may incur through the use of the Streamdb.net service, subject always to a Member's right of termination.
7.2. Subscription and or Membership charges will be charged on the day following the end of the free trial period (if applicable) or on the first day of subscription should a User not be eligible for a free trial. This charge will continue on each renewal date thereafter unless and until a User cancels its subscription regardless of how much of the service has been used. Streamdb.net will automatically charge Users, through the specified payment method, each period (monthly unless otherwise specified) on or after the calendar day corresponding to the commencement of a User's membership, all fees and charges being non - refundable.
7.3. Streamdb.net may change the fees and charges in effect, or add new fees and charges from time to time, subject to prior notice of such changes via email. Should there be a change in a Member's card validity or expiry date Users may edit their payment details by visiting the relevant section of the website as Streamdb.net do not provide refunds for cancellations part-way through the billing period.
7.4. Should a Member's account fall into arrears Streamdb.net reserves the right to pass on a Member's details to a collection agency for collection of the outstanding debt.
7.5. Members agree not to hold Streamdb.net responsible for banking charges incurred due to payments on their account.
7.6. Streamdb.net may, in its sole discretion, change the fees for any services at any time, but agrees to notify Members at least 30 days in advance of any change in fees.
7.7. Members may upgrade or downgrade their Streamdb.net subscription as often as Members like, within the relevant section of the Streamdb.net website. Any reduction in a Member's bill will take effect at the next billing period after any outstanding discs have been returned to Streamdb.net. Any increase in a Member's bill resulting from an upgrade will take effect immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
7.8. Please note that any change to a Member's subscription package or delivery address details during any free trial period, will result in the termination of the free trial and the start of regular billing as described in paragraph 6.6 above.
7.9. Streamdb.net will permit Members to put their account on hold, free of charge, for up to 2 weeks. Members can also suspend their account for a period of 1 to 6 months for a small monthly maintenance charge of R25.00 (twenty five rand). Detailed instructions on how to hold or suspend your membership can be found in our "Help" section on the website.
7.10. Streamdb.net may, in its sole discretion, charge or withhold an administration or transaction fee of R15.00 (fifteen rand) for all refunds, transaction resubmissions and or transactions that are not deemed the regular monthly payment for subscription.
7.11. Due to banking rules governing online debit order transactions, funds are not released to Streamdb.net by a clients bank for 28 days. For this reason Streamdb.net can only process refunds 29 days after a transaction is submitted. A Streamdb.net member may however request an immediate refund directly from his/her bank. For more information visit PASA the payment system management association recognised by the Reserve Bank at http://www.pasa.org.za/ or view PASA’s “Customers right to dispute” document. Due to banking rules governing online debit order transactions Streamdb.net may only process refunds 28 days after a transaction is submitted. A member may however request an immediate refund directly from his/her bank. For more information visit PASA the payment system management association recognised by the reserve bank at or view PASA’s document.
8. Acceptable Use
8.1. Streamdb.net supports the free flow of information and ideas over the Internet and do not actively monitor use of the Site, including the Members' area under normal circumstances. Streamdb.net seek to balance this aim with it's obligations to other Members and any or all laws. Streamdb.net therefore only periodically review profiles entered onto the Website by Members in order to ensure compliance with these terms, and to comply with (or investigate) any enforcement agency or police request or complaints. Streamdb.net therefore requires Members not to:
8.1.1. say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
8.1.2. advertise or promote a third party's or a Member's own products or services through the distribution of 'spam' mail;
8.1.3. use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate;
8.1.4. distribute illegal, copyright infringing, indecent or offensive material or content that may incite disorder or encourage illegal activities, that causes or may cause harm to any person;
8.1.5. impersonate another person or Member;
8.1.6. transfer files that contain viruses, trojans or other harmful programs;
8.1.7. use the Website to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter";
8.1.8. access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Website's security measures;
8.1.9. have more than one Member Account at any time;
8.2. Streamdb.net may take any or all of the following actions in it's sole discretion:
8.2.1. remove any Member or other material that, in it's discretion may be inappropriate or that Streamdb.net suspects to be illegal, or might subject Streamdb.net to liability or which may violate these Membership Terms and Conditions or where required to do so by law;
8.2.2. issue Members with verbal or written warnings and may take such further action as Streamdb.net may deem appropriate under this paragraph 6 if such warnings are not heeded;
8.2.3. suspend or terminate a Member's access to the Members' area of the Website or a Member's Account without notice at any time;
8.2.4. inform the appropriate authorities and provide them with information regarding any suspected illegal activity;
8.2.5. bring legal action against a Member or Users of the Website in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity;
8.3. Streamdb.net will determine what action is appropriate to be taken against a Member or User on a case by case basis.
8.4. Members acknowledge that Streamdb.net may be required by law or regulation to access, monitor, store or copy material sent by or to Members and/or Users without further notice to Members.
9. Cancellation9.1. Subject to paragraph 9.2 below, a Member can terminate its Membership at any time by notifying Streamdb.net by logging on, clicking on "My Account", and then clicking on cancel.
9.2. Immediately upon requesting cancellation, no further Titles will be dispatched to Members, unless such Titles were processed by the Streamdb.net warehouse a few minutes prior to a Members request for cancellation.
9.3. Please note that it is the Member's responsibility to ensure that all Titles are returned, and cancellation will thus only be confirmed upon Streamdb.net having actual possession of all Titles. All Titles must be returned before the next billing date following cancellation to avoid any further charges. Once all Titles have been returned, the cancellation will take effect immediately whereafter an email confirming cancellation will be remitted to the particular Member.
9.4. Please note that any Member subscription paid by a Member is subject to the Subscription period specified on the site and during the registration process. This means that, where a Member chooses to terminate its Member subscription before the expiry of this period, such Member will not receive any refund in respect of this Subscription period.
9.5. Streamdb.net reserve the right to charge the full replacement cost for any non-returned Titles which are not reported as outlined in paragraph 11.5 below. Streamdb.net are unable to offer a refund for any period after requesting cancellation that subscriptions are charged due to the non return of Titles which were not reported as outlined in paragraph 11.5 below
9.6. No refunds will be paid by Streamdb.net where a Member's Membership is terminated by Streamdb.net as a consequence of a Member's breach of these Terms and Conditions.
10. Ownership and Copyright10.1. Copyright in all information, material and logos (hereinafter referred to as ("material") made available through this Website is protected by intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation, or exploitation of this material will constitute an infringement of such protection.
10.2. Users acknowledge and agree that certain content on the Website and on Titles provided to Users is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against Users.
10.3. All trade marks, logos, images, products and company names displayed or referred to on this website are the property of their respective owners. Nothing on this Website grants Users any licence or right to use, alter or remove such material.
10.4. The information on this Website including, without limitation, all opinions or other content does not constitute professional advice or services. Before making any decision or taking any action which might affect a Member's personal finances or business Member(s) should consult their own professional advisors.
10.5. This Website could include technical, typographical or other inaccuracies and Users are urged to contact Streamdb.net to confirm all information contained on these pages prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this website. Streamdb.net expressly reserves the right, in its sole and absolute discretion, to alter or amend any criteria or information set out in this website without notice.
10.6. Subject to the above, a Member may download insubstantial excerpts of this content to hard disk for the purpose of viewing it, provided that no more than one copy of any information is made.
11. Delivery and Return of Discs11.1. Titles can only be delivered to addresses falling within the areas specified on the website excluding PO Box addresses.
11.2. Streamdb.net currently use the South African Postal Service, prepaid postage to deliver and return the Titles Members have selected to view. Actual delivery times may vary depending on stock availability, delivery addresses, when Members make their selection, and circumstances impacting delivery by the Postal service, and Members will not hold Streamdb.net responsible for any delays, outside of Streamdb.net's control.
11.3. Streamdb.net reserves the right to use alternative delivery methods without prior notification.
11.4. Although Streamdb.net allows Members to prioritise the order in which to view discs, Streamdb.net cannot guarantee that such requests are met. Streamdb.net will at all times endeavour to despatch a Member's next rental(s) within one business day of receiving the previous rental(s) back into the Streamdb.net Distribution Centre.
11.5. Please note that Members must immediately report discs that are not received within two days of dispatch, or if not received back by Streamdb.net within two days of a member returning them. It is the Member's responsibility to report all lost discs online. Streamdb.net are unable to offer a refund for any discs which are paid for by Members and then found at a later date. Members are obliged to comply with Streamdb.net's claim compensation process, as amended from time to time.
11.6. Streamdb.net reserve the right to cancel a Member's Membership should it become apparent that, in Streamdb.net's sole opinion, the postal service in a Member's area is too unreliable.
11.7. Streamdb.net cannot be held responsible for items belonging to Members or those belonging to a third party, which are sent to Streamdb.net in error. Where possible, Streamdb.net will try to return these items, but are unable to compensate Members for the loss of such items and can thus not accept liability for such items.
11.8. As a prerequisite for Membership, Members assured Streamdb.net that their post-box is secured and locked at all times. Members accordingly accept full responsibility for Titles which are stolen whilst in a Member's possession, agreeing to pay the full replacement costs of the stolen Titles. For the purposes of this agreement a Member shall be deemed to be ‘in possession' of a Title as soon as such Title was placed in their post-box by the Postal Service.
12. Use and Care for Titles
12.1 Members and or Users agree not to infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the Streamdb.net service.
12.2. Members agree that as end users they are responsible for the viewing of any Title supplied by Streamdb.net to Members and that any minor's viewing of any Titles will be restricted by Members consistent with any applicable film classification applied to that Title by the Film and Publication Board of South Africa.
12.3. Members agree to treat the Titles and their associated packaging with the utmost care at all times, and further agree that Streamdb.net may charge Members in the event of the Titles being returned in an unreasonable condition (reasonable wear and tear accepted). Such charge to equal the complete replacement value of the relevant Title.
13. Future Content
13.1. Streamdb.net may in future offer content on this Website that Members can view for a limited period, but requiring Users to pay-per-download, ("PPD Content"), subject to Members agreeing to the applicable PPD Terms and Conditions prior to purchase and actual payment of the applicable fee.
13.2. Streamdb.net may also in future offer Members content on this Website that Members' may actually Download -to- Own ("DTO Content") details of which will be expanded upon such content becoming available.
13.3. Notwithstanding current unavailability, Members are reminded that a Members ability to download or view DTO/PPD Content will depend upon Members having sufficient technical equipment, including connectivity and bandwidth available to properly download and view such content. Streamdb.net are unable to specify particular requirements (which may vary) and are not responsible in any way for a Member's inability to download and view such content.
13.4. Any rights granted to Members hereunder (or on the Website at the time of purchase) to make and keep any copies of DTO/PPD Content is solely an accommodation to Members and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content contained within any DTO/PPD Content.
14. Limitation Of Liability14.1. Whilst Streamdb.net will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to its attention, Streamdb.net do not warrant that the Website will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions.
14.2. Access to this Website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Streamdb.net's control.
14.3. Save that nothing in this paragraph 14 shall restrict a Member's statutory rights including a Member's right to receive a reasonable standard of service from Streamdb.net, all content and services on this Website are provided on an 'as is' and 'as available' basis. Streamdb.net do not make any representation nor does it give any warranty in respect of the Website or its content, including, without limitation, information provided by or regarding other Members, and/or Users.
14.4. Streamdb.net cannot vet all Members and/or User profiles to ensure that they are appropriate or correct. Any decision made or action taken by Members on the basis of information provided on or via the Website is at a Member's sole discretion and risk.
14.5. Due to the fact that many technical aspects of the Website and the content provided herein is supplied by or otherwise dependent on third parties, Streamdb.net do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this Website.
14.6. Streamdb.net will not be liable for any damages, including indirect or consequential losses whether in contract, delict (including negligence) or otherwise, arising in connection with any use by a Member or other Users of the Website that is in contravention of these Terms and Conditions or is not directly attributable to Streamdb.net's negligence. Where Streamdb.net are liable for direct loss this will be limited to a maximum of the total price of the Members monthly Subscription paid to Streamdb.net by a Member.
14.7. Streamdb.net do not make any representation or give any warranty in respect of the products or services provided by third party Suppliers on this Website, including, without limitation information provided by Members.
15. Security and Privacy15.1. Member's attention is drawn to the fact that information transmitted via the Internet, including without limitation e-mail, is susceptible to monitoring and interception. Members are therefore discouraged from transmitting to Streamdb.net any uncalled-for information which may be confidential, proprietary or sensitive. Members shall bear all risk of transmitting such information in this manner and under no circumstances will Streamdb.net be liable for any loss, harm or damage suffered by Member as a result thereof, or otherwise, arising in connection with any use by Members or Users of the Website that is in contravention of these Terms and Conditions or is not directly attributable to Streamdb.net's negligence.
15.2. Streamdb.net reserves the right to request independent verification of any information transmitted via e-mail and Members consent to such verification should Streamdb.net deem it necessary.
15.3. Streamdb.net requests that no unsolicited, confidential or proprietary information be sent to Streamdb.net. Any such unsolicited information or material sent to Streamdb.net will be deemed not to be confidential, unless otherwise agreed in writing by Streamdb.net. Notwithstanding the aforegoing, Streamdb.net will not sell or forward any personal User information to any third party unless obliged to do so by law.
15.4. Streamdb.net may include partner promotional material on or within Streamdb.net envelopes from time to time.
16. General16.1. All Titles remain the property of Streamdb.net at all times. Members may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any Streamdb.net Titles in any way at any time.
16.2. Members shall only be entitled to the referral rewards programme as detailed under the heading ‘refer a friend' should such "friend" become a full member. For the avoidance of doubt, the friend should not just sign up for the free trial period but should continue its subscription after the free trial period terminates.
16.3. Streamdb.net shall not be liable for any failure for any suspension, or termination of access to the Website or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Streamdb.net or its suppliers.
16.4. Streamdb.net is registered with the Film and Publications Board, and all Titles go through the Film and Publications Boards' screening (classification) process, notwithstanding the fact that bona fide scientific, documentary, dramatic or artistic films when judged within that context do not require classification.
16.5. Having regard to paragraph 12.2 and the consumer safe guard referred to in paragraph 2.3 above, Streamdb.net once again advises Members to protect and safeguard children under the age of 18 years from viewing harmful or disturbing material as detailed in the Film and Publications Act 65 of 1996, as Streamdb.net is unable to incontestably determine who the end user and/or viewer of the Titles is going to be.
16.6. The 'cooling-off' rights, as set out in section 44 of the Electronic Communications and Transactions Act 25 0f 2002, do not apply to the services set out herein.
16.7. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
16.8. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of South Africa. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
16.9. Should Members be unhappy with their purchase for any reason, Members have the option of returning it to Streamdb.net in good condition within 14 days. Streamdb.net will then issue a full refund for the price of the item. Streamdb.net will also be happy to refund the purchase price in full if the return results either from an error made by Streamdb.net or from a defective item. Upon making such return, Members are required to provide the reason for the return and the request for a refund, wrap the package securely, and then send it to the address set out at the top of these terms.
17. Complaints And Feedback
17.1. If Users have any complaints about another Member or User or any aspect of the Website or if a Member have any questions or would otherwise like to provide any other feedback, Members can contact Streamdb.net by clicking on "Contact Us" or writing to us at the address set out at the top of these terms.
If you elect to seek arbitration, you must first send to Streamdb.net, by certified mail, a written Notice of your claim ("Notice"). The Notice to Streamdb.net should be addressed to: Legal, Marzal Limited, 3 STATION ROAD, BOROUGH GREEN, SEVENOAKS, KENT, UNITED KINGDOM, TN15 8ER, Company No. 08242571 ("Notice Address"). If Streamdb.net elects to seek arbitration, it will send, either by email to, or by Registered mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Streamdb.net, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Streamdb.net and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Streamdb.net may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Streamdb.net or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.arbitrators.co.za. The arbitration will be governed by the rules of The Arbitration Foundation of Southern Africa and the Supplementary Procedures for Consumer Related Disputes (collectively, "AFSA Rules") of the Arbitration Foundation of Southern Africa ("AFSA"), as modified by this Agreement, and will be administered by the AFSA. The AFSA Rules and Forms are available online at www.arbitrators.co.za, by calling the AFSA at 011 884 9164/5, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Streamdb.net and you agree otherwise, any arbitration hearings will take place in Cape Town. If your claim is for R10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AFSA Rules. If your claim exceeds R 10,000, the right to a hearing will be determined by the AFSA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Streamdb.net’s last written settlement offer made before an arbitrator was selected (or if Streamdb.net did not make a settlement offer before an arbitrator was selected), then Streamdb.net will pay you the amount of the award or R1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AFSA Rules.
YOU AND STREAMDB.NET 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, unless both you and Streamdb.net agree otherwise, the arbitrator 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.