AVIATION4SA (A4SA) TERMS OF USE
(Version 6.0)
Welcome to Aviation4SA, we are confident you will enjoy it here. This Agreement covers the following:
Table of Contents
Introduction
Consent
Definitions
Service Availability and Service Delivery
Commencement, Duration and Termination
Links to Third Party Sites
Conditions of Access and Licence Grant to Platform
Communication, Complaints Handling and Dispute Resolution
Subscription and Payment
Security and Privacy
Intellectual Property Rights
Copyright
Breach
Indemnities, Legal Disclaimer and Limitation of Liability
Amendment of this Agreement
General
| INTRODUCTION |
The Aviation4SA Platform provides, inter alia, South African Aviation Legislation related Content to Subscribers. This includes Acts, rules and regulations, technical standards, civil aviation regulations, amendments, proposed amendments, miscellaneous legislation, SACAA Communique, Guidelines and Notices, AIC’s and AIP’s.
If English is not your first language and/or you don’t understand this Agreement we encourage you to seek assistance from someone who can help you or you may contact us for clarification.
This Agreement applies to Aviation4SA and is a legal contract between you, the User or Subscriber and A4SA.
Please read this Agreement, and the Personal Information Policy, carefully. By creating a profile, registering for, and using the Platform, you acknowledge that you have read and understood, and agree to be bound by this Agreement and the Personal Information Policy, as amended from time to time. If at any time you do not agree to these terms, please immediately terminate your use of the Platform. The Personal Information Policy forms a binding part of this Agreement as if fully reproduced herein.
The App is available, free to download from the Apple App Store and from the Google Play Store. The Windows PC application can be downloaded for free from our website.
On initial download and installation of the Platform, the User:- creates a user profile;
- agrees to this Agreement and the Personal Information Policy; and
- verifies the email address and the mobile number provided through an OTP (one time pin).
The User then has access to all the Content and the features on the Platform for a free trial period of 30 days.
After 30 days, in order to restore and retain full functionality of Aviation4SA, the User needs to formally subscribe through an annual payment option “Subscription”. The user will be automatically directed to the Apple App Store or the Google Play Store to obtain the Platinum version of the App. This "Subscription" takes place through an "in-app purchase". Third party payment gateways are available through the Windows application.
Annual subscriptions are safe and easy to do via our third party payment structures, which are accessible through the Windows version of the App, or directly with the Google Play Store or Apple App Store. Termination should take place directly with the Google Play Store or Apple App Store.
Subscriber access to all content and full functionality will continue until the end of the current billing cycle and if not renewed, the Subscriber status will change to User status which has limited functionality.
The Aviation4SA Diamond (Beta) version has been discontinued and has been replaced by the Aviation4SA Platinum Version.
| CONSENT |
By Subscribing, you verify that your country of residence is the same as your billing address and that you are older than 18 years of age.
| DEFINITIONS |
In this Agreement, the following terms have the meanings ascribed to them below-
“Acceptable use” and “Personnel Use” means the work you produce as a result of using the Platform which must be used by yourself, your direct employer, Organisation, client or customer and who must be the end user of your work;
“Activation Date” means the date on which the User became a “Subscriber”;
“Agreement” means this agreement, including the Personal Information Policy, each as amended from time to time or modified by A4SA in its discretion via the Platform;
“A4SA”, “we”, “us” and “our” means Aviation4SA (Pty) Ltd, its successors, assignees, its affiliates, subsidiaries, directors, shareholders and employees;
“A4SA Marks” means any trademarks, logos, brand names, trade names, domain names or other names or marks of A4SA, whether registered or not;
“Aviation Legislation” means Aviation Legislation related Acts, rules and regulations, technical standards, civil aviation regulations, amendments and proposed amendments;
“Business Day” means Monday to Friday, but excludes days which are official public holidays in the Republic of South Africa;
“Commercial use” means any use directly or indirectly for financial gain;
“Content” means data which are produced and supplied in digital form through the Platform;
“Devices” means the devices on which the A4SA software runs, being desktop, laptop, tablets and smartphones;
“Personal Information Policy” means the personal information policy of A4SA as applicable from time to time;
“Platform” means any reference to or combination of the A4SA websites, services, systems, software applications and networks that allows the Subscriber to access the Content provided herein;
“Registration Date” means the date on which you created your profile and accepted this Agreement and the Personal Information Policy, by way of electronic medium by clicking “I agree” or similar on a web page, the Platform or via your mobile device;
“Subscriber” means a “User” who has activated access to the Content by means of a subscription;
“Third Party Service Provider” means a third party who provides services to Subscribers via the www.aviation4SA.co.za website or the mobile app;
“Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, pandemics, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of A4SA including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;
“User” means anyone who has downloaded the app and registered a profile;
“Website” means www.aviation4SA.co.za; and
“You” means the “User” or “Subscriber”.
In this Agreement:
Words importing the singular number only shall include the plural number and vice versa;
Words importing only one gender shall include any gender and the neuter gender;
Headings of clauses have been inserted for guidance only and shall not be deemed to form any part of the context or be taken into consideration in the interpretation of this Agreement;
References to a person shall be construed as including an individual, sole proprietorship, firm, company, corporation, government, unincorporated body of persons, state or agency of a state or any association or partnership (whether or not having separate legal personality) or two or more of the foregoing;
References to any person shall include their successors-in-title, assigns, transferees and/or personal representatives.
| SERVICE AVAILABILITY AND SERVICE DELIVERY |
The delivery of the Content is electronic through the website or the A4SA mobile app.
A4SA will use all reasonable endeavours to make its Content available to its Users and Subscribers at all times, and to use all reasonable endeavours to maintain the availability thereof. However, we cannot guarantee that there will be no interruptions or periods of unavailability of the Platform and/or Content.
A4SA will use its reasonable endeavours to notify its Users and Subscribers in advance of any scheduled maintenance and scheduled repairs which may result in the unavailability of the Content, but cannot always guarantee this.
A4SA do not guarantee the correctness, accuracy or validity of any Content. In particular we make no warranty that the Content will meet your requirements, be complete, be timely available, be secure or be error free. A4SA may change or discontinue any of its Content without notification.
| COMMENCEMENT, DURATION AND TERMINATION |
The Agreement will commence on the Registration Date and continue until it is cancelled as provided for in this section.
An initial, once off 30 day free trial period is made available for first time Subscribers who download the Windows version or who download the "Platinum" version of the App. The Diamond version has been discontinued.
After receipt of payment of your annual subscription amount, access to the Content is immediate, however may take up to 48 hours for user verification.
Annual subscriptions may be terminated by the Subscriber by directly contacting the Apple App Store or from the Google Play Store. The Windows version of the App automatically terminates after the subscription period and a resubscription is required.
A4SA may cancel the Subscription on the expiry of the reasonable notice period given to you to remedy a material breach and you have failed to remedy that breach within such reasonable period, or otherwise as provided for in this Agreement.
You agree that A4SA, in its sole discretion, for any or no reason, and without penalty, may terminate any subscription you may have with A4SA or your use of the Platform and remove or discard your profile at any time and without notice to you.
Pre-paid annual subscriptions are not refundable.
| LINKS TO THIRD PARTY SITES |
Some links may direct you away from the Website or Platform. The linked sites are not under the control of A4SA and A4SA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. A4SA only provides these links to you as a convenience and the inclusion of any links does not imply endorsement by A4SA of any other site, or content thereof, or any other entity or person. Accordingly, we shall not be liable in any manner whatsoever in relation thereto.
| CONDITIONS OF ACCESS AND LICENCE GRANT TO PLATFORM |
This Agreement grants you a single, non-exclusive and non-transferable user licence. A single user licence is based on the mobile number and email address provided in the registration process. The licence may be used simultaneously on multiple Devices, up to a maximum of 3 Devices. Should you wish to add a 4th Device, one of the 3 linked Devices will need to be delinked.
Content is provided for your personal and non-Commercial Use only. Except as expressly permitted in these terms, you may not copy, share, sell, modify, lend, rent, transfer, distribute or create derivative works based on the Content, the Platform; reverse engineer, decompile or disassemble the app; or make the functionality of the app available to multiple users through any means.
The ability to print, copy, paste, distribute and/or download may be restricted.
A4SA shall at all times have the sole and exclusive right to suspend or terminate the service provided to you without any prior notification or giving any reason for such termination or suspension.
Your subscription access is conditional upon timely payment; and you will not have access to A4SA Content if your subscription is cancelled or terminated for non-payment.
| COMMUNICATION, COMPLAINTS HANDLING AND DISPUTE RESOLUTION |
You agree that A4SA may from time to time send you communications regarding (without being limited to) special offers or discounts which A4SA may negotiate for and offer to its Subscribers or operational changes that may affect the Content provided. All communications will abide by our applicable Personal Information Policy and applicable South African law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the Consumer Protection Act, to pre-emptively block the receipt of such communications.
Complaints must be submitted to A4SA and will be dealt with by A4SA in accordance with the process below.
Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a complaint before you approach any other relevant authority, social media, court or other dispute resolution body or refer the matter to arbitration as contemplated below.
Please direct all complaints to support@aviation4SA.co.za. Your complaint should include the following:
- your name and surname;
- your registered mobile number;
- your registered email address;
- your organisation (if applicable);
- additional contact details if different from the above; and
- a brief description of what gave rise to the complaint.
A4SA will acknowledge receipt of your complaint within 3 (three) Business Days of receipt thereof.
A4SA will formally respond with a view to proposing a resolution of your complaint in writing within 14 (fourteen) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.
You may approach any other relevant authority, court or dispute resolution body or refer the matter to arbitration as set out in this document, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by A4SA.
The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
| SUBSCRIPTION AND PAYMENT |
The provision of the Content and full functionality of the Platform is subscription based.
We may change our subscription plans and rates from time to time; however, any price changes or changes to your subscription will apply to subsequent billing cycles following notice of the change(s) to you.
Subscription of the Android or IOS App takes place via the Google Play Store or Apple App Store. A third party service provider is used to collect payment for Your subscription if subscription takes place from the website. None of your payment information which includes credit card number, expiry date, billing address etc is kept by A4SA. You represent and warrant that you have the legal right to use the payment method.
If you elect to purchase an annual subscription, you will be charged the annual fee in advance.
A4SA does offer an initial once off free trial for 30 days when downloading the App. Free trials are only available to Users who have not previously completed a free trial with A4SA.
You agree to pay all amounts due under this Agreement in consideration for use of the platform and access to the Content.
All amounts due are payable in terms hereof shall be paid free of exchange and without deduction or set-off, by way of payment through a secure third party service provider or EFT drawn against a valid banking account nominated by you, or in such other manner as A4SA may from time to time determine.
You agree that:
Should you fail to pay any amount on the due date for payment then A4SA may, without prejudice to any of its other rights and remedies:
- suspend your subscription without notice to you;
- terminate your subscription with immediate effect; or
- take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms, the costs of which shall be for Your account.
If you subscribe to our Content, you agree to pay us the applicable subscription fees. Failure to pay these fees will result in the termination of your subscription and the inability to access the Content.
If any changes are proposed to any terms of an agreement between A4SA and a Third Party Service Provider which impacts on the provision of the Content in terms of this Agreement, A4SA shall be entitled to amend the terms, fees or charges for its Content.
| SECURITY AND PRIVACY |
A4SA will be entitled to take whatever action A4SA may deem necessary and reasonable to preserve the security and reliability of its Platform.
You may not utilize any service in any manner which may compromise the security of A4SA’s network, or any other network connected to A4SA’s network, or tamper with the Platform or Content in any manner whatsoever.
A4SA takes reasonable steps to secure your payment information. A4SA uses a third party payment system that is in A4SA's reasonable opinion, sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
Your privacy is important to A4SA and we will deal with your personal information in accordance with the provisions of our Personal Information Policy. A4SA’s Personal Information Policy is hereby incorporated into these terms by reference.
You may not use automated programs, bots or the like to access the A4SA website or mobile app or access any Content thereon for any purpose, including by way of example only, downloading Content, indexing, scraping or caching any Content on the website.
| INTELLECTUAL PROPERTY RIGHTS |
The A4SA platform is owned and operated by A4SA. Any software and accompanying documentation we provide to You remains our property or that of our licensors. The visual interfaces, graphics, design, compilation, information, computer code and Content are protected by applicable South African laws.
You agree to comply with all laws applicable to any intellectual property rights in respect of any data, files and/or information accessed, retrieved or stored by you through your use of our Platform.
You are prohibited from using any A4SA Marks without the prior written approval of A4SA.
Other than as specifically provided in these specific terms and conditions, A4SA will wholly and exclusively retain all existing intellectual property rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to software used by A4SA, its network infrastructure, e-commerce network infrastructure, business and the provision of any of the Content.
You are welcome to submit comments, suggestions and new ideas regarding the Platform and Content. By submitting these comments, suggestions or new ideas, you agree that its disclosure is gratuitous, unsolicited and without restriction and will not place A4SA under any obligation. You agree that we are free to disclose the idea on a non-confidential basis to anyone, or otherwise use the idea without any compensation to you.
| COPYRIGHT |
We respect the copyright and the intellectual property rights of others and we expect You to do the same.
Users irrevocably and unconditionally acknowledges that all copyright on the Content belongs to A4SA and shall not duplicate any material in any manner whatsoever. The User acquires no ownership rights by downloading any Content or using the Platform, unless otherwise specified in writing.
The User shall not sell, exchange, barter, or transfer, rent, lease, loan, resell for profit, distribute or in any other manner Commercially Use any Content received from the service, unless otherwise specified in writing by A4SA.
A4SA contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire Content of A4SA are copyrighted as a collective work. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part in any manner whatsoever. The User may download copyrighted material for the User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial use of downloaded material will be permitted without the express written permission of A4SA.
The work you produce with the Content must be used by yourself, your direct employer, client or customer and who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorised duplication of any Content, please notify us via email at support@aviation4SA.co.za
By using the Platform, You agree that You will not:
- Interfere with or attempt to interfere with, compromise system integrity or security or decipher any code used by the Platform;
- Attempt to bypass the measures we use to prevent or restrict access to the Platform or Devices, breach or otherwise circumvent any security or authentication measures;
- Probe, scan, or test the vulnerability of any system or network associated with our Product;
- Attempt to access, tamper with, or access content that you are not subscribed to;
- Impersonate another User or Subscriber or misrepresent membership or any affiliation with a person or entity, conducting fraud, hiding or attempting to hide the real identity
If you are a copyright owner, authorized to act on behalf of a copyright owner or authorized to act under any exclusive right under copyright, please do report alleged copyright infringements taking place on or through our Services or our Websites to Us. Upon receipt of your notice, we will immediately take whatever action we deem appropriate, including removal of the challenged content from the Platform.
| BREACH |
Subject to any other provisions set out in this Agreement and without prejudice to any of these provisions, should you be in breach of any provision of this Agreement, then A4SA shall be entitled, without prejudice to any other rights that it may have and to the extent required or permitted, as the case may be, by law, to forthwith:
- afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question; or
- suspend your Subscription; or
- cancel your Subscription and all agreements concluded between us; or
- claim immediate performance and/or payment of all your obligations in terms hereof.
| INDEMNITIES, LEGAL DISCLAIMER AND LIMITATION OF LIABILITY |
You hereby unconditionally and irrevocably indemnify A4SA and agree to indemnify and hold A4SA harmless against any direct or indirect loss, damages or consequential damages, Uncontrollable Event, claims, liability and/or costs of any nature, arising from the use of the Platform, or the provision of any Content whether or not caused by the negligence of A4SA, its agents or employees.
We have made reasonable checks of the Services to confirm that it will perform on the Devices as ascribed. However, due to the complex nature of software and the wide variety of Devices and operating systems (Windows, Mac, iOS, Android, etc), we cannot warrant that the Platform is error free, that the Platform operates without interruption or that it is compatible with the hardware and the operating system installed on your Devices.
The purpose of this Platform is to provide aviation related legislation as complete, accurate and up-to-date that is practically possible to Users and Subscribers. It is understood that, while A4SA will take all reasonable efforts to minimize inaccuracies or defects in the Content or service provided, the Content and services are provided “as is” and “as available”. Every effort has been made to ensure the Content is as accurate as possible and A4SA makes no express or implied warranties relating to the Content or functionality and specifically disclaims all implied warranties.
The Content is not endorsed, affiliated or approved by any aviation authority.
A4SA is not responsible for any interpretation or actions based on the Content provided.
A4SA has reproduced the legislation exactly as it has been promulgated. Unfortunately the reproducing of legislation needs to include the errors as promulgated. Where the errors are obvious we have noted this as a comment. There have been a few instances where very obvious spelling mistakes, grammatical errors and even some numbering has been corrected by us. This is to provide the reader with less confusing material. In the case if a legal dispute or differences between the Content on A4SA and promulgated legislation, the promulgated legislation shall prevail.
Legislation is reproduced under this Copyright:
Reproduced under Government Printer’s Authorisation (Authorisation No. 118010) dated 21 February 2019.
| AMENDMENT OF THIS AGREEMENT |
We may amend this Agreement and/or the Personal Information Policy at any time by posting a revised version on our Platform, which amendments shall be effective from the date on which they are posted on our Platform. Please note that no individual notice will be sent to you. You will acknowledge and agree to any amended version of this Agreement if you continue to use our website or Platform after the changes have taken effect. You are reminded to check our website or Platform from time to time for updates or amendments to this Agreement and/or the Personal Information Policy.
| GENERAL |
The parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the parties. Subject to 16, no variation or addition of this Agreement will be binding on any of the parties unless recorded in writing and signed by both parties.
You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law. All messages are sent to the email address that is associated with your account. You are responsible for updating the email address and other information when there is a change, and for making sure that our not blocked by company servers or spam filters.
No indulgence, leniency or extension of time which A4SA may grant or show to you shall in any way prejudice A4SA or preclude A4SA from exercising any of its rights in the future.
You warrant that as at the date of registration, all the details furnished by you to A4SA are true and correct and that you will notify A4SA in the event of any change to such details.
The physical address where A4SA will receive legal service of documents/ domicilium citandi et executandi is the following: 95 Clark Street, Eldoraigne, 0157, South Arica or such other address we may specify on the Platform.
This Agreement shall be governed in all respects by the laws of South Africa.