Terms of Service
Introduction and acceptance
“You” and “your” refer to any person accessing this website. “The Company” refers to Wavelengths 10 (Pty) Ltd. trading as African Pilot and any of its subsidiaries.
By accessing the website at www.africanpilot.co.za, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any one of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on The Company’s website for personal, non-commercial transitory viewing only. Subject to the license below, all these intellectual property rights are reserved.
This is the grant of a license, not a transfer of title, and under this license you may not:
- copy the materials;
- edit or otherwise modify any materials on the website; or
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on The Company’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- sell, rent or sub-license material from the website;
- redistribute material from this website except for content specifically and expressly made available for redistribution by The Company.
Unless otherwise stated, The Company and/or its licensors own the intellectual property rights in the website and material on the website. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Disclaimer
The materials on The Company’s website are provided on an ‘as is’ basis. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, The Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations of liability
In no event shall The Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Company’s website, even if The Company or a The Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
for any direct, indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Accuracy of materials
The materials appearing on The Company website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. The Company may make changes to the materials contained on its website at any time without notice. However The Company does not make any commitment to update the materials.
Links
The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Company of the site. Use of any such linked website is at the user’s own risk.
Modifications
The Company may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Company express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without The Company’s express prior written consent.
Restricted access
The Company reserves the right to restrict access to certain areas of or the entire website at The Company’s sole discretion.
If The Company provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The Company may disable your user ID and password in The Company’s sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to The Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Company the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Company or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The Company reserves the right to edit or remove any material submitted to this website, or stored on The Company servers, or hosted or published upon this website.
Notwithstanding The Company rights under these terms and conditions in relation to user content, The Company does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, The Company does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Exceptions
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Company liability in respect of any:
- death or personal injury caused by The Company negligence;
- fraud or fraudulent misrepresentation on the part of The Company or
- matters which it would be illegal or unlawful for The Company to exclude or limit, or to attempt or purport to exclude or limit, its
Other Parties
You accept that, as a limited liability entity, The Company has an interest in limiting the personal liability of its directors, officers and employees. You agree that you will not bring any claim personally against The Company directors, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect The Company directors officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Company.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these terms and conditions.
Indemnity
You hereby indemnify The Company and undertake to keep The Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Company to a third party in settlement of a claim or dispute on the advice of The Company legal advisers) incurred or suffered by The Company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to The Company other rights under these terms and conditions, if you breach these terms and conditions in any way, The Company may take such action as The Company deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Revision
The Company may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.