ATNS Air Traffic and Navigation Services South Africa

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ATNS TERMS AND CONDITIONS OF USE

These terms and conditions are binding and enforceable against all persons that access the ATNS’ Website or any part thereof in terms of Section 11(3) of the Electronic Communications and Transactions Act 24 of 2002 (hereinafter referred to as the “ECT Act”).

If you do not agree to these terms and conditions you must leave the ATNS Website immediately, as further use will automatically bind you to these terms and conditions.

DEFINITIONS AND INTERPRETATION

1.1 “ATNS” means the Air Traffic and Navigation Services Company Limited;
1.2 “ATNS website” means the Air Traffic and Navigation Services Company’s website located at www.atns.co.za, and includes any part or element thereof;
1.3 “User” means any person who enters or uses the ATNS website, notwithstanding the fact that such a person only visited the home page of the ATNS website;
1.4 References herein to the singular include the plural and vice versa; and
1.5 Notwithstanding the fact that hyperlinks in these terms and conditions to copyright, notices and legislation should be deemed part of these terms and conditions in terms of Section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

2.1 All content included on this website, such as text, graphics, logos, button icons, images, audio clips, databases and software, is the property of ATNS or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of ATNS and protected by South African and international copyright laws.
2.2 Without derogating from the above, ATNS authorises you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
2.2.1 Such content is used for information purposes only;
2.2.2 Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another.
2.3 Any reproduction of material from this website or portion thereof must include this notice in its entirety.

INTELLECTUAL PROPERTY RIGHTS

All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to ATNS or associated business entities and as such are protected from infringement by local and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved.

LIABILITY DISCLAIMER

4.1 The information, content, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an "as is" basis. ATNS makes no representations or warranties of any kind, express or implied, as to the User of this website or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site. Without limiting the generality of the foregoing:
4.1.1 ATNS does not warrant that this website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
4.1.2 Whilst ATNS has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

LIMITATION OF LIABILITY

In no event shall ATNS and its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information, data, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if ATNS and/or any of its suppliers has been advised of the possibility of damages.

PRIVACY

6.1 ATNS protects a User’s privacy.
6.2 No personal information shall be disclosed to any third party unless agreed upon between the User and ATNS or through due legal process. However, ATNS may share personal information with business partners.
6.3 Users agree and consent that ATNS may, from time to time communicate with Users. ATNS does not condone the use of spam and shall at all times comply with the provisions of the ECT Act.
6.4 ATNS gathers and will be in possession of the following private and personal information of Users:
6.4.1 Information provided by the User voluntarily – this information is used to provide a better service to Users; and
6.4.2 Information automatically provided, (eg. cookies) – this information is gathered to better your browsing and interaction with ATNS. Cookies cannot harm your computer or carry viruses. 6.5 Users undertake not to divulge their User name and password to any other person.
6.6 By using this website the User consents to the following:
6.6.1 ATNS may use your personal information to communicate with the User from time to time. Users may indicate if they do not wish to receive such communications;
6.6.2 ATNS may use User’s information for non-personal statistical purposes;
6.6.3 ATNS retains the copyright in databases of personal information of Users; and
6.6.4 ATNS may share User’s information with business partners for commercial reasons.

HYPERLINKS AND FRAMING

7.1 No person, business or website may link to any page on this site without the prior written permission of ATNS. or
7.1 Any third party site may link to this website provided that such a link is directed at the home page of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of ATNS. 7.2 Hyperlinks provided on this site to other websites or web pages are provided as is and ATNS does not necessarily agree with it or sponsor the content on such web pages. Consequently ATNS does not accept any responsibility for the content of such web pages or other websites.
7.3 It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of ATNS.

AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

8.1 No information or data on this website is an offer, but merely an invitation to do business.
8.2 Merely sending a data message to this website shall not conclude an agreement.
8.3 Data messages, such as e-mail, are only deemed to have been received by ATNS once replied to and such a reply does not include an auto-reply.

WEBSITE SECURITY

Any person, business, or entity that delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or gains or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that ATNS suffers any damage or loss. Users are notified that in terms of the ECT Act it is a criminal offence to gain unauthorised access to this website and to circumvent any security measures implemented by ATNS.

SEARCHING TECHNOLOGY

The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this website is not permitted if such technology will result in slowing down this website' server or copyright infringement of any data and information available from this website. Data and information may only be used in compliance with section 2 hereof.

CHANGES TO AGREEMENT

11.1 ATNS may, in its sole discretion, change the terms and conditions of this agreement or any part thereof at any time without notice.
11.2 Each time a User accesses this website he will be bound by the current version of these terms and conditions.

DISPUTES

12.1 All disputes in terms of this agreement or relating to the use or inability to use the ATNS website may be referred to arbitration in terms of the rules of the South African Arbitration Foundation. Such arbitration shall be held in Johannesburg in accordance with the provisions of the Arbitration Act No. 42 of 1965 (as amended or replaced from time to time). The unsuccessful party shall pay all costs incurred by the successful party. Notwithstanding the above, ATNS reserves the right, in its sole discretion, to institute action in any competent court of law.

ENTIRE AGREEMENT

These terms and conditions of use constitute the entire agreement between ATNS and the User of this website. Any failure by ATNS 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 thereof.

DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

14.1 Full name and legal status of the website owner: Air Traffic and Navigation Services Limited, Reg. No. 1993/04150/006
14.2 Full address of the website owner is detailed hereunder.
ATNS Isando Industrial Park
Gewel Street
Isando Ext.3
Private Bag X15
Kempton Park
1620
14.3 The website address of this website is: www.atns.co.za
14.4 Office bearers of ATNS:

Mpho Mamashela (Chairman)
Patrick Dlamini (Chief Executive Officer)
Hlengiwe Makhatini
June Crawford
Arthur Bradshaw
Kamal Parker
Mantuka Maisela
Solomon Mngomezulu (Company Secretary)

14.5 Physical address for receipt of legal service: Isando Industrial Park, Gewel Street, Isando Ext. 3
14.6 Main business:
Air navigation service provider

APPLICABLE LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa in respect of any disputes arising in connection with this website.

SEVERABILITY

In the event that any term or condition of the use of this website 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.