Terms and Conditions – Use of Web Site
1.2 You should read the terms and conditions carefully before accessing any website or participate in any chatroom, newsgroup, bulletin board, mailing list, transaction or other online forum of AAC.
1.3 By using these websites, you acknowledge that you have read these terms and conditions and agree to be bound by and comply with them.
1.4 These web sites are intended to provide the user only with information regarding the Airboat Afrika and the services it offers.
1.5 Users that wish to use content from this site for commercial purposes may only do so with prior written permission from AAC.
2.1 Copyright © Airboat Afrika , c/o Abbot Road, Robindale. All rights not expressly granted are reserved.
2.2 You may download, view and print content from the AAC websites for lawful purposes only.
2.3 All moral rights of AAC and its employees, agents and franchisees are reserved.
3. OTHER INTELLECTUAL PROPERTY RIGHTS
3.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to AAC, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site are expressly reserved.
4. ELECTRONIC COMMUNICATIONS
4.1 By using this web site or communicating with AAC by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
4.2 You acknowledge and accept that the action to click on specified buttons on certain web forms on the AAC websites may constitute an expression of intent or other statement.
5. CHANGES AND AMENDMENTS
5.1 AAC expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 AAC reserves the right to change and amend the information, prices and rates quoted as well as the terms and conditions on this web site without any notice.
5.3 AAC reserves the right to change the terms, conditions and notices under which the web site is offered, including but not limited to the charges associated with the use of the AAC websites.
6.1 AAC protects the user’s privacy.
6.2 AAC gathers and will be in possession of the following private and personal information:
6.2.1 Information provided by the user voluntarily – this information is used to provide a better service to users;
6.2.2 Information automatically provided (e.g. via cookies) – this information is gathered to better users’ browsing and interaction with AAC. Cookies cannot harm users’ computers nor carry viruses.
6.3 Access to the collected information is strictly controlled and will only be granted to staff, who in the course of their duties need to have access to such information
6.4 No personal information will be disclosed to any third parties without the users consent.
6.5 By using this web site the user consents to the following:
6.5.1 AAC may use your personal information about the user to communicate with the user from time to time.
6.5.2 AAC may use the user’s information for non-personal statistical purposes.
6.6 If you directly disclose personally identifiable information or personally sensitive data through the AAC public message boards, this information may be collected and used by others.
6.7 Registered franchises may view their personal and business related information through the franchise portal Airboat Afrika Franchise.
7. LINKING AND FRAMING
7.1 The AAC Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Airboat Afrika and The Airboat Afrika is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Airboat Afrika is not responsible for webcasting or any other form of transmission received from any Linked Site. The Airboat Afrika is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Airboat Afrika of the site or any association with its operators.
7.2 Any third party site may link to this web site provided that such a link is directed at the home page of official AAC web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of the AAC web site, without the prior written approval of AAC.
7.3 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of AAC.
8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
8.1 No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements require an acknowledgment of receipt from the company.
8.2 No e-mail message shall be deemed to have been received by the company until a response has been issued by the company. An automated response from this website shall not satisfy this requirement.
9. SEARCHING TECHNOLOGY
9.1 The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or copyright infringement of any data and information available from this web site.
10. SECURITY OF INFORMATION
10.1 All reasonable steps will be taken to secure a user’s information.
10.2 Users undertake not to divulge their user name and passwords to any other person.
10.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any information on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that the Airboat Afrika should suffer any damage or loss, civil damages will be claimed.
11.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, AAC shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, AAC makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be uninterrupted and error free.
11.2 These web sites are supplied on an “as is” basis and have not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with AAC, that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
11.3 Information, ideas and opinions expressed on these sites should not be regarded as professional advice or the official opinion of AAC.
11.4 All items purchased from AAC are made pursuant to agreements with shipping and delivery agents and risk of loss pass from AAC to such agents upon delivery of any item to such carrier.
11.5 Neither AAC nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any information and/or services on this web site.
11.6 Postings of any kind posted to AAC web site are not editorially controlled and therefore AAC cannot be held liable for illegal or unconstitutional content. The user indemnifies AAC from all liability in this regard.
11.7 No information or data on this web site is an offer to do business, but merely an invitation to do business.
11.8 No agreements shall be concluded merely by sending a data message to this web site or its owners. Valid agreements require an acknowledgment of receipt from the company.
11.9 No e-mail message shall be deemed to have been received by the company until a response has been issued by the company. An automated response from this website shall not satisfy this requirement.
12.1 These Terms and Conditions of Use constitute the entire agreement between AAC and you, the user of this web site. Any failure by AAC to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
12.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
13. APPLICABLE AND GOVERNING LAW
13.1 This web site is controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use this web site and these terms and conditions.
14.1 In the event of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the South African law will apply and the appropriate courts of South Africa will have jurisdiction.
15. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
15.1 The Airboat Afrika may be visited or contacted at the following address:
P.O. Box 3664
Tel: +27 (0)11 782 2302
Fax: +27 (0)82 131 857 7408