Crossing the t’s and dotting the i’s. Please check this page periodically for updates to terms.

TERMS AND CONDITIONS FOR THE USE OF OUR SITES

These terms and conditions (“Terms”, “Agreement”) are an agreement between Apeiron Media Holdings (PTY) LTD (“Apeiron Media Holdings (PTY) LTD”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the aosa.co.za website (including any websites hosted on aosa.co.za subdomains) and any of its products or services (collectively, “Website” or “Services”).

ACCOUNTS AND MEMBERSHIP

You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

USER CONTENT

We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

BILLING AND PAYMENTS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

THIRD-PARTY SERVICES

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Apeiron Media Holdings (PTY) LTD with respect to such other services. Apeiron Media Holdings (PTY) LTD is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Apeiron Media Holdings (PTY) LTD to disclose your data as necessary to facilitate the use or enablement of such other service.

LINKS TO OTHER WEBSITES

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer to you any intellectual property owned by Apeiron Media Holdings (PTY) LTD or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Apeiron Media Holdings (PTY) LTD. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Apeiron Media Holdings (PTY) LTD or Apeiron Media Holdings (PTY) LTD licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Apeiron Media Holdings (PTY) LTD or third-party trademarks.

DISCLAIMER OF WARRANTY

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Apeiron Media Holdings (PTY) LTD, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Apeiron Media Holdings (PTY) LTD has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Apeiron Media Holdings (PTY) LTD and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one Rand (ZAR) or any amounts actually paid in cash by you to Apeiron Media Holdings (PTY) LTD for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

INDEMNIFICATION

You agree to indemnify and hold Apeiron Media Holdings (PTY) LTD and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any wilful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of South Africa without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of South Africa. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Cape Town, South Africa, and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

ASSIGNMENT

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

CONTACTING US

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected].

This document was last updated on June 1, 2020.

REGISTRAR REGISTRANT AGREEMENT

This agreement contains the terms and conditions for registration, transfer and updates to domain names in the ICANN TLD namespaces.

Please note the following important clauses:

You consent to processing of personal information as described in clauses 9.1 and 9.2

If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 9.4)

You exempt and indemnify the registry from all loss relating to your registration of a domain name (clause 10)

1. DEFINITIONS

1.1. “Administration Sites” means the Registry’s official administration website/s including, but not limited to: www.registry.net.za and the Registrars official administration website/s.

1.2. “Agreement” means the Application read together with these terms and conditions.

1.3. “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.

1.4. “Application” means the application for the delegation, transfer or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.

1.5. “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.

1.6. “Registry” means ICANN Accredited Registries, including this listing, its successors or permitted assigns.

1.7. “Domain Name” means the domain name in the Namespace, designated in the Application, and governed by the Agreement.

1.8. “Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same).

1.9. “Namespace” means the TLD name space of the Internet as the case may be.

1.10. “Personal Information” means information relating to an identifiable, living, natural person.

1.11. “Registrar” means Diamatrix cc, a close corporation registered in accordance with the laws of South Africa with registration number 2001/064910/23.

1.12. “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the registrar is accredited as a registrar for the Namespace.

1.13. “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

1.14. “Reseller” means Apeiron Media Holdings (PTY) LTD, a private company registered in accordance with the laws of South Africa with registration number 2013/221179/07 and an authorized Reseller of DiaMatrix cc.

2. APPLICABILITY

2.1. The Registry is responsible for delegating domain names in the Namespace.

2.2. These terms and conditions apply to all the domain names sponsored by the Registrar in the Namespace.

2.3. The Applicant also agrees to be bound by the Published Policies.

3. STATUS AND PRECEDENCE

3.1. In providing the registry services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.

4. FEES

4.1. See the provisions of the Standard Terms as they relate to fees, which are deemed to form part of this clause 4.

4.2. Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name application or registration.

4.3. Under no circumstances whatsoever will the Registry, Registrar or Reseller be obliged to refund any fees paid by the Applicant in terms of this clause 4.

5. RIGHTS TO DOMAIN NAME

5.1. The Registry, Registrar or the Reseller will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilize such name.

5.2. The Registry, Registrar and Reseller give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

5.3. Under no circumstances whatsoever will the Registry, Registrar or Reseller be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.

5.4. Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 5.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.

5.5. The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

6. THE APPLICANT’S DUTIES

6.1. The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:

6.1.1. the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Applicant;

6.1.2. name of authorized person for contact purposes in the case of an Applicant that is an organization, association, or corporation;

6.1.3. the names of the primary nameserver and secondary nameserver(s) for the Domain Name;

6.1.4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and

6.1.5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.

6.2. The Applicant’s wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.

6.3. Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.

7. THE APPLICANT’S WARRANTIES & INDEMNITY

7.1. The Applicant hereby irrevocably represents, warrants and agrees that:

7.1.1. the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;

7.1.2. it has the right without restriction to use and register the Domain Name;

7.1.3. to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;

7.1.4. will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy,, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;

7.1.5. at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and

7.1.6. it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

7.2. Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and/or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

8. SUSPENSION, CANCELLATION AND TRANSFER

8.1. The Applicant agrees that the Registry, Registrar or Reseller will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):

8.1.1. in the circumstances contemplated in clause 4;

8.1.2. should the Applicant breach any warranty given under clause 7.1 ;

8.1.3. if the Applicant withdraws its consent for processing of Personal Information described in clause 9 ;

8.1.4. should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;

8.1.5. in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;

8.1.6. on receipt of an order by any competent court having jurisdiction; or

8.1.7. on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).

8.2. The Applicant agrees that its registration of the Domain Name may be suspended, cancelled, or transferred pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Domain Name.

8.3. In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

8.4. The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.

9. PERSONAL INFORMATION

9.1. Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:

9.1.1. use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;

9.1.2. inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;

9.1.3. transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;

9.1.4. transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa.

9.2. In processing the Personal Information as set out in clause 9.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.

9.3. THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 9.1 AND 9.2 . AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

9.4. THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 9.1 AND 9.2 RESPECTIVELY.

9.5. When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.

9.6. The Registrar will indicate to the Applicant how the Applicant or data subject can access and, if necessary, rectify the Personal Information held about them.

9.7. The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 9.1.

9.8. The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorized dis closure, alteration or destruction.

9.9. Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

10. EXEMPTION AND INDEMNITY OF THE REGISTRY

10.1. THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2. THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF THE APPLICANT’S DOMAIN NAME REGISTRATION.

11. GENERAL

11.1. For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

11.2. For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.

11.3. For adjudication of any legal disputes between the Applicant and the Reseller, the Applicant hereby consents to the jurisdiction of Cape Town, South Africa .

11.4. The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

11.5. The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of the Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.

11.6. The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.

11.7. To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulation alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.

11.8. In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

This document was last updated on June 1, 2020.

ACCEPTABLE USE POLICY

These acceptable use policy (“Acceptable Use Policy”, “AUP”, “Policy”) is an agreement between Apeiron Media Holdings (PTY) LTD (“Apeiron Media Holdings (PTY) LTD”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Policy sets forth the general guidelines and acceptable and prohibited uses of the aosa.co.za websites (including any websites hosted on aosa.co.za subdomains) and any of its products or services (collectively, “Website” or “Services”).

PROHIBITED ACTIVITIES AND USES

You may not use the Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:

  • Distributing malware or other malicious code.
  • Disclosing sensitive personal information about others.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Distributing pornography or adult related content.
  • Promoting or facilitating prostitution or any escort services.
  • Hosting, distributing or linking to child pornography or content that is harmful to minors.
  • Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
  • Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
  • Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
  • Facilitating pyramid schemes or other models intended to seek payments from public actors.
  • Threatening harm to persons or property or otherwise harassing behavior.
  • Purchasing any of the offered Services on someone else’s behalf.
  • Misrepresenting or fraudulently representing products or services.
  • Infringing the intellectual property or other proprietary rights of others.
  • Facilitating, aiding, or encouraging any of the above activities through our Services.
 

SYSTEM ABUSE

Any User in violation of our Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Use or distribution of tools designed for compromising security of the Services.
  • Intentionally or negligently transmitting files containing a computer virus or corrupted data.
  • Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
  • Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
 

SERVICE RESOURCES

You may not consume excessive amounts of the Services or use the Services in any way which results in performance issues or which interrupts the services for other Users. Prohibited activities that contribute to excessive use, include without limitation:

  • Deliberate attempts to overload the Services and broadcast attacks (i.e. denial of service attacks).
  • Engaging in any other activities that degrade the usability and performance of our Services.
  • Hosting or running malicious code or other scripts or processes that adversely impact our Services.
  • Operating a file sharing site or scripts for BitTorrent or similar, which includes sending or receiving files containing these mechanisms.
  • Web proxy scripts, such as those that allow anyone to browse to a third-party website anonymously, are prohibited.
 

NO SPAM POLICY

You may not use our Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of our Services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with our Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.

DEFAMATION AND OBJECTIONABLE CONTENT

We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or our Services, as determined in our sole discretion.

COPYRIGHTED CONTENT

Copyrighted material must not be published via our Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation. However, we generally require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, to take down alleged infringing material from the Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Services for the removal of any such material.

If you believe your copyright is being infringed by a person or persons using our Services, please send a report of the copyright infringement to the contact details listed at the end of this Policy. Your notice must include the following:

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
 

SECURITY

You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for our Services. You must protect the confidentiality of your login details, and you should change your password periodically. You are responsible for ensuring all User provided software installed by you on our Services is updated and patched following industry best practice. We make no warranty express or implied for the security and operability of 3rd party software or scripts installed or run by you on our Services.

ENFORCEMENT

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:

  • Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
  • Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or our Services, as determined by us in our sole discretion.
  • Reporting violations to law enforcement as determined by us in our sole discretion.
  • A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your Services.
 

Suspended and terminated User accounts due to violations will not be re-activated.

Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

REPORTING VIOLATIONS

If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.

CHANGES AND AMENDMENTS

We reserve the right to modify this Policy or its terms relating to the Website or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

ACCEPTANCE OF THIS POLICY

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Website and its Services.

CONTACTING US

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected].

This document was last updated on June 1, 2020.

DISCLAIMER

This disclaimer (“Disclaimer”, “Agreement”) is an agreement between Apeiron Media Holdings (PTY) LTD (“Apeiron Media Holdings (PTY) LTD”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the aosa.co.za website and any of its products or services (collectively, “Website” or “Services”).

REPRESENTATION

Any views or opinions represented on the Website belong solely to the Content creators and do not represent those of people, institutions or organizations that Apeiron Media Holdings (PTY) LTD or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

CONTENT AND POSTINGS

You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Apeiron Media Holdings (PTY) LTD is prohibited.

You may submit comments for the available Content on the Website. By uploading or otherwise making available any information to Apeiron Media Holdings (PTY) LTD, you grant Apeiron Media Holdings (PTY) LTD the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting Content on the Website, you grant Apeiron Media Holdings (PTY) LTD the right to edit and, if necessary, remove any Content at any time and for any reason.

COMPENSATION AND SPONSORSHIP

This Website accepts forms of advertising, sponsorship, paid insertions or other forms of compensation. Apeiron Media Holdings (PTY) LTD is compensated to provide opinion on products, services, websites and various other topics. The compensation received may influence the advertising content, topics or posts made on the Website. Sponsored content, advertising space or post will always be identified as such. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Apeiron Media Holdings (PTY) LTD will receive an affiliate commission. Furthermore, Apeiron Media Holdings (PTY) LTD is a participant in the Amazon Associates program, an affiliate advertising program designed to provide a means to earn advertising fees by advertising and linking to Amazon properties.

REVIEWS AND TESTIMONIALS

Testimonials are received in various forms through a variety of submission methods. The testimonials are not necessarily representative of all of those who will use our products or services. Apeiron Media Holdings (PTY) LTD is not responsible for the opinions or comments posted on the Website, and does not necessarily share them. All opinions expressed are strictly the views of the poster or reviewer.

Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Testimonials may be reviewed for authenticity before they are posted for public viewing.

INDEMNIFICATION AND WARRANTIES

While we have made every attempt to ensure that the information contained on the Website is correct. Apeiron Media Holdings (PTY) LTD is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Apeiron Media Holdings (PTY) LTD, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide any type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

We reserve the right to modify this Disclaimer relating to the Website, products or services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

ACCEPTANCE OF THIS DISCLAIMER

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.

CONTACT US

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected].

This document was last updated on June 1, 2020.