K24 Plus

Welcome to the Terms of use for K24 Plus. These terms are between you and the entity providing the K24 Plus service to you, which may be, depending on your location, Mediamax Network Limited or one of their affiliates. Please read these terms of use ("terms" or "terms of use" or "agreement") carefully, as they affect your legal rights and obligations, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us. Please note that, to the extent permitted by applicable law, these terms require the use of arbitration.

YOUR AGREEMENT TO K24 PLUS TERMS OF USE
1. 1. These Terms are a legally binding agreement between you and the entity providing you with access to the K24 Plus service.
  2. K24 Plus “the service” provides audio, video and live channel on demand service that allows our members to access live radio stations, channels, movies and TV shows (“content”) streamed over the Internet to certain Internet-connected devices.
  3. These Terms of Use govern your use of our service. As used in these Terms of Use, "K24 Plus service", "our service" or "the service" means the personalized service provided by K24 Plus for discovering and watching K24 Plus content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
  4. Your access or use of the service confirms that you have read, understood and agreed to the Agreement on behalf of yourself and on behalf of any Authorized Users.
  5. To subscribe as a member of the Service, you have to create your K24 Plus account (a “K24 Plus Account”).
  6. K24 Plus account provides for both advertisements Video on demand membership (“AVOD membership”) and Subscription Video on demand membership (“SVOD membership”) referred to as “membership plans”. Avod members will not pay any subscription fee to access content on the K24 Plus account. Mediamax Network Limited will run advertisements during their viewership. Svod members will be required to pay a recurring fee that grants them access to watch content with no advertisements
  7. You must be at least 18 years old and above to become an authorized member of the K24 Plus service. If you are below this age, you may use the Service only with the guidance of an Authorized User or a parent or legal guardian’s K24 Plus Account.
  8. Your K24 Plus membership will continue until terminated. To use the K24 Plus service, you must have Internet access and a K24 Plus ready device. For members with Svod membership, you will be required to have an active subscription (the “Svod Subscription”) with us or with a third party that has been authorized to provide Subscriptions to the service.
  9. For Svod membership, unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
  10. We may offer a number of membership subscription plans, including memberships subscription offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership subscription plans may have differing conditions and limitations, which will be disclosed at your account sign-up or in other communications made available to you.
  11. You agree that any information you provide and maintain is accurate, current and complete, including your contact information for notices and other communications from us and your payment information.
  12. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.
  13. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
  14. Some content on K24 Plus may be available for temporary download and offline viewing on certain supported devices and on certain Membership plans, in order to allow you to view that Content offline when you do not have a network connection (“Offline Titles”).
  15. To download Content, make sure you have a network connection and you have signed in to the service on your computer, phone or tablet.
  16. 1.16 Mediamax Network Limited may control the amount of Downloadable Offline titles permissible for each K24 PLUS account depending on the membership plan. Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible.
  17. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
  18. The member who created the K24 Plus account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the K24 Plus account.
  19. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the K24 Plus ready device that is used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone.
  20. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your K24 Plus account.
  21. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
  22. We can terminate your account or place your account on hold in order to protect you, K24 Plus or our partners from identity theft or other fraudulent activity.
  23. You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
  24. We may terminate or suspend your membership to K24 Plus, and/or terminate this Agreement subject to terms as provided below
    1. if required by law; or
    2. if we have objective reason to believe you have used K24 Plus in violation of any provision of this Agreement or any supplemental terms; and/or
    3. if you engage in or encourage infringement or any other illegal conduct as it relates to your use of K24 Plus.
2. PAYMENT, BILLING AND CANCELLATION
  1. For Svod members to use the K24 Plus service you must provide for one or more Payment Methods. “Payment Method” means a current, valid, accepted mode of payment, as may be updated from time to time, and which may include payment through your account with a third party.
  2. You remain fully responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
  3. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
  4. The Svod membership subscription fee for any K24 Plus service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method at each purchase incident.
  5. The length of your billing cycle will depend on the type of membership subscription that you choose when you sign-up for the service. If you signed up for K24 Plus using your account with a third party as a Payment Method, you can find the billing information about your K24 Plus membership subscription by visiting your account with the applicable third party.
  6. Note that the timing of your billing may change in the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Membership Subscription plan.
  7. You can cancel your K24 Plus membership at any time and SVOD members must cancel their subscription before it renews in order to avoid being charged for the next cycle’s subscription fee.
  8. If you cancel your SVOD membership subscription, you will continue to have access to any active K24 Plus service through to the end of your billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
  9. If you signed up for K24 Plus using your account with a third party as a Payment Method and wish to cancel your K24 Plus membership, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the K24 Plus service through that third party
  10. If you cancel your Membership, we will retain your information in accordance with our Privacy Policy.
  11. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched K24 Plus content.
  12. Mediamax Network Limited as the Membership subscription provider may choose to offer refunds, discounts or other consideration as a discretionary accommodation. However, each circumstance is unique and Mediamax’ Network Limited election to make such an offer in one instance does not create the obligation to do so in another.
  13. We may change our SVOD membership subscription plans and the price of our service from time to time; however, any price changes or changes to your membership subscription plans will apply no earlier than thirty (30) days following notice to you.
  14. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Mediamax Network Limited at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible.
  15. Members of households with an existing or recent K24 Plus membership may not be eligible for certain introductory Offers. We may use information such as device ID, IP address, method of payment or an account email address used with an existing or recent K24 Plus membership to determine Offer eligibility.
  16. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  17. You agree to observe all restrictions identified in these terms, including without limitation using the services in a way that:
    1. Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    2. Damages, disables, overburdens, impairs or gains unauthorised access to the services, including the servers, computer network, or user accounts;
    3. Removes, modifies, disables, blocks, obscures otherwise impairs any advertising in connection with the services;
    4. Uses the services to advertise or promote services that are not expressly approved in advance in writing by Mediamax Network Limited;
    5. Collects information in violation of K24 Plus service privacy policy;
    6. Collects information about users for the purpose of sending, facilitating or encouraging unsolicited bulk or other communications;
    7. Furthers any means of fraudulent activities including identity theft;
    8. Encourages conduct that would constitute a criminal offence or give rise to civil liability;
    9. Violates these terms of use;
    10. Interferes with any party’s use and enjoyment of the services.
    By allowing others to access your account, you agree to be responsible for ensuring that they comply with these Terms and you agree to be responsible for their activity using the Services.
3. YOUR USE OF K24 PLUS SERVICE
  1. You acknowledge that your use of any content on the service 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 service at any given time.
  2. Mediamax Network Limited in its sole discretion may from time to time, change, remove, update or amend the K24 Plus service, including the content library. In addition, they may continually test various aspects of the service, including the website, user interfaces, promotional features and availability of K24 Plus content.
  3. As far as the law allows, Mediamax Network Limited, gives no warranties or representations with respect to the K24 Plus Service or the content, including warranties in relation to the accuracy, completeness, adequacy, timeliness or comprehensiveness of the content.
  4. None of the content in the K24 Plus Service is professional advice or the official opinion of Mediamax Network Limited and accordingly, you should not rely on such information for any purposes. Members are encouraged to seek professional advice before taking, or refraining from, any course of action related to the content.
  5. 3.5. To use the Service, you will need to use a computer, mobile device, streaming media player, or other device that meets the Service’s system and compatibility requirements (which we may be updated from time to time).
  6. 3.6. Features and functionalities that we make available through the Service may differ by device. Please check the requirements periodically, as we may change or stop support of any hardware or software services at any time.
  7. 3.7. In order to access the Service, you need a high-speed internet connection for your compatible device. You are also responsible for any costs associated with your internet service. Your use of K24 Plus may count toward your data usage, depending on the terms of your agreement with your internet service provider.
  8. 3.8. From time to time the K24 Plus may be unavailable for any reason, including, without limitation:
    1. equipment malfunctions;
    2. our periodic maintenance procedures or repairs; or
    3. Causes beyond the control of Mediamax Network Limited or which we cannot reasonably foresee.
  9. 3.9. Please be aware that it is copyright infringement to make an unauthorized copy of any element or any portion of the Service, including the Content, or underlying software.
  10. 3.10. The K24 Plus service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with any individuals. During your K24 Plus membership we grant you a limited, non-exclusive, non-transferable right to access the K24 Plus service and view K24 Plus content.
  11. 3.11. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances, not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the K24 Plus service.
  12. 3.12. You also agree not to:
    1. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the K24 Plus service;
    2. use any robot, spider, scraper or other automated means to access the K24 Plus service;
    3. decompile, reverse engineer or disassemble any software or other products or processes accessible through the K24 Plus service;
    4. insert any code or product or manipulate the content of the K24 Plus service in any way; or use any data mining, data gathering or extraction method;
    5. 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 K24 Plus service, including any software viruses or any other computer code, files or programs;
    6. Use the Content files or other elements of the Platform to construct any kind of database.
  13. 3.13. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
  14. 3.14. You may view the K24 Plus content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
  15. 3.15. The quality of the display of the K24 Plus content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
  16. 3.16. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all membership subscription plans allow you to receive content in all formats.
  17. 3.17. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
  18. 3.18. The time it takes to begin watching K24 Plus content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your K24 Plus ready device.
  19. 3.19. The K24 Plus software is developed by, or for, Mediamax Network Limited and may solely be used for authorized streaming and viewing of K24 Plus content through K24 Plus ready devices. This software may vary by device and medium, and functionalities and features may also differ between devices.
  20. 3.20. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the K24 Plus software and related third-party software. Simultaneous Streams
  21. 3.21. We may control the maximum number of simultaneous streams per K24 plus service regardless of the number of your devices that can access the Service.
  22. 3.22. We may change the maximum number of simultaneous streams and/or impose limits on the number of devices that you may use at any time.
  23. 3.23. The number of simultaneous streams may vary by membership subscription plan.
  24. 3.24. Certain Content within the service may be ad-supported and that Content may change from time to time. As of the Effective Date of these Terms, Content on K24 Plus service and certain other Content, does not contain advertising, for Subscription video on demand members. For members with Advertisement video on demand subscription their Content within the K24 Plus service will be advertisement supported.
  25. 3.25. Mediamax Network Limited expressly disclaims any liability arising out of the advertisements, usage or viewing of these products or services advertised on the K24 plus service or the (third party) content made available / hosted on the third-party sites.
  26. 3.26. Mediamax Network Limited takes no responsibility for advertisements or any third-party material posted on the service nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Service are between you and the advertiser, and you agree that Mediamax Network Limited is not liable for any loss or claim that you may have against an advertiser.
4. INTELLECTUAL PROPERTY RIGHTS
  1. The K24 Plus Service, the content and all materials incorporated into the service is the property of the Mediamax Network Limited and/or is licensed to Mediamax Network Limited and is protected by various international copyright, trademark, patent, trade secret or other intellectual property rights, laws and treaties as well as under common law.
  2. Your rights to use the K24 Plus service and the content are expressly limited to those given to you in accordance with these terms.
  3. The copyright holders have licensed this Content for private use only and not for public or commercial exhibition. This means that you may not
    1. show any Content to any public audience or view it in a public location; or
    2. Attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology for the Content.
  4. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under Kenyan Law.
  5. Some of the characters, logos or other images on K24 plus service are also protected as our registered or unregistered trademarks, trade names and/or service marks (“Trademarks”).
  6. All other trademarks are the property of their respective owners.
  7. Use of our Trademarks of anyone else’s is not authorized other than as incorporated into the Service.
  8. If you believe that any content appearing on any part of the service has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
    1. Your name, address, telephone number, and email address;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    4. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    5. An affidavit by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  9. We may gather data on the service usage and other information to ensure that the K24 Plus service is being used in accordance with these Terms. You agree not to block this transmission of data. If you do so, it will be considered a violation of these Terms and may result in immediate termination of your Membership subscription.
WARRANTIES AND LIMITATIONS ON LIABILITY
1. The K24 Plus service is provided "as is" and without warranty, condition or guarantees of any kind, either express or implied. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us.
2. As far as allowed by law, Mediamax Network Limited and all the members of Mediamax Network Limited 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, the K24 Plus service or the content or from any destructive code in this K24 Plus service or the content.
3. The K24 Plus Service may have links to other websites. Neither Mediamax Network Limited nor K24 Plus Service are in control of, or responsible for or liable for non Mediamax Network Limited websites or the contents of these non Mediamax Network Limited websites.
4. Mediamax Network Limited does 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.
5. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of Kenya
PRIVACY
1. Mediamax Network Limited may collect, process, use, store and transfer across borders your data in accordance to the applicable data protection and data privacy laws. The Privacy Policy sets out the details of the personal and other information which K24 Plus service and Mediamax Network Limited collect, process and/or store
MISCELLANEOUS
1. These Terms of Use, your access and use of the K24 Plus service shall be governed by and construed in accordance with the laws of the Republic of Kenya.
2. Viewing the content, you seek to access may not be lawful in certain jurisdictions. In those 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 viewing the content. You must comply with all requirements and laws that apply to you which prevent or restrict you from viewing the content.
3. K24 Plus does not accept unsolicited materials or ideas for K24 Plus content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to K24 Plus.
4. To find more information about our service and its features or if you need assistance with your account, please visit the K24 Plus Help Center.
5. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your device. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.
6. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our service, these Terms of Use will control.
7. If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
8. Mediamax Network Limited may, from time to time, change these Terms of Use. We will notify you at least thirty (30) days before such changes apply to you.
9. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

Terms of User

YOUR AGREEMENT TO K24 PLUS TERMS OF USE

WARRANTIES AND LIMITATIONS ON LIABILITY

PRIVACY

MISCELLANEOUS