Terms and Conditions
It is important to note that the use of this App is subject to the terms and conditions of use set out below. By using this App the User agrees and is deemed to have agreed to observe all terms & conditions of use.
1. About The Taxonomy Co (Pty) Limited (“Taxonomy Co”)
Taxonomy Co is registered as a private company in terms of the company laws of South Africa. Taxonomy Co is the proprietor of this App, and is referred to in this Agreement as the App Owner.
2. This Agreement:
This Agreement regulates your use of Taxonomy Co’s mobile application, AIRSHOT which is owned and operated by Taxonomy Co (the “App”). By accessing and using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement, you may not access, install, deploy, use and/or otherwise distribute any content or copy any content made available on the App.
3. General Disclaimer:
Users agree to access and use this App entirely at their own risk.
In these Terms & Conditions, the following definitions are used
- Agreement. These Terms & Conditions, plus all amendments thereto;
- App. The AIRSHOT mobile device application, and specifically envisages all functionality and programs made available by Taxonomy on any platform, when accessed via the App, as published by Taxonomy Co on the iTunes Store® and Google Playstore® platforms;
- “ECT Act“. Means the Electronic Communications & Transactions Act 25 of 2002
- Personal Data. Includes, but is not limited to, IP address, Location, Cookies and device information
- Transaction. The execution of any command or use of any function or application offered via the App.
- User. Means any independent person or entity, whether or not registered formally to use the App;
5. Use of App
- The Taxonomy Co’s AIRSHOT App entails, amongst other things: data processing, sorting & formulating, and also includes methods for the presentation of information based on that data.
- Taxonomy Co may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.
- Use of this App is strictly at the sole risk of the User. It is stressed, expressly, that Taxonomy Co assumes no responsibility for the accuracy or completeness of any data – that is within the exclusive purview and responsibility of the User.
- Use if this App is restricted strictly to Users eighteen years and older.
- Unless otherwise indicated, Users are welcome to copy, download or print out any of the visible text or images on this App for personal use.
- The use of this App is subject to the terms & conditions of use of the iTunes Store®. To the extent that there is any conflict between the provisions of this Agreement and those of the iTunes Store®, the latter shall prevail.
- The use of this App is subject to the terms & conditions of use of the Google Playstore®. To the extent that there is any conflict between the provisions of this Agreement and those of the Google Playstore®, the latter shall prevail.
6. Acknowledgments By User
Users acknowledge that:
- They will be irrevocably bound by ALL terms and conditions applicable to the use of this App.
- They will provide full and accurate information
- They are at least 18 years of age,
- It is the User’s responsibility to check and update information pertaining to their User account
- On registration they will provide a username and password
- User account holders authorise any and/or all activity of their account, irrespective of their knowledge and/or expressed authorisation. The User Account Holder is responsible for reporting unauthorised use, and may request new login credentials and/or change of password.
- New User applications may be subject to the completion of a verification procedure, which may include, but are not limited to, contacting the User via phone and/or email to confirm certain details and/or information. Only successful applicants will be entitled to become Users.
7. Amendments to Content and Information
- The App Owner expressly reserves the right in its sole discretion to affect any amendment or alteration to the content and information provided solely by Taxonomy Co, including pricing and rates.
- Taxonomy Co does not and will not amend or alter any content provided and or uploaded directly by the User. This is the sole responsibility of the User.
- Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration affected.
- We respect the privacy of every User who use the App. As a result of this, we would like to inform you regarding the way we would use your personal data.
- The points below will help you understand our general approach towards the use of your personal data, however, to the extent that there is any conflict as a result of a waiver of this clause by a User, that specific clause, and not the general approach, will be enforced and supersedes the general approach.
- By submitting your personal data to Taxonomy Co, it will be deemed to have been given with your permission, where necessary and appropriate, for disclosures referred to in this policy.
General Approach to Personal data
- Taxonomy Co does not and will not amend or alter any personal information provided by a User. It is the User’s responsibility to update its information.
- Taxonomy Co will collect and use personal information solely with the objective of fulfilling those purposes specified and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- Taxonomy Co will only retain personal information as long as necessary for the fulfilment of App-related activities.
- Taxonomy Co will only collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- Taxonomy Co will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- Taxonomy Co is committed to conducting business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained, however Taxonomy Co does not guarantee a breach of such confidentiality arising out of malicious activities and/or activities over which it has no control.
Specific Instances Of Use Of Personal Data
Taxonomy Co draws Users’ attention to the fact that your information will be used for the following specific purposes, and in the following fashion – and the User specifically consents to the same:
- discussions, surveys and reactions are analysed automatically to determine sentiment and other statistics;
- certain information on the user is uploaded by Broadcasters (platform subscriber Users) via performance data;
9. No offer
Users should regard nothing contained in this App as an offer but rather as an invitation to do business.
10. Disclaimers and Exclusion of Liability
- It is a term and condition of use of this App that Users expressly agree that the use of the App is entirely at its own risk.
- This entire App is provided “as is” and “as available”. The App Owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the App or the information contained in it.
- Subject to Chapter 7 of the ECT Act, the App Owner, its officers, employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by Users or any other persons and resulting from the use or inability to use this App.
- Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the App Owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this App in any manner.
- The App Owner has no control over third party content and features which can be accessed through the use of this App and does not examine or edit such content and features or act as an agent for third parties accessible through this App. As such and to the fullest possible extent permissible under law the App Owner disclaims any liability whatsoever for any loss or damage arising from the use of third party Apps, contents and features.
- Taxonomy Co does not warrant that the functions provided by the App will be uninterrupted or error free, or that the App or the server is free from viruses or other harmful components.
Users agree to indemnify and hold harmless the App Owner, its officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates, advertiser, partners, agents and representatives from any demand, liabilities, action or application or other proceedings, including for attorney’s fees (attorney and own User scale) and related costs such as tracing fees, made by any third party, User, and arising out of or in connection with the Users use of this App, third party Apps or any of the services offered through such Apps in any way, including but not limited to the provision of content, from User’s unauthorised use of material obtained from the App, from its breach of this Agreement, or from any such acts arising through use of the App or any other violation of the rights of another person or party.
12. Consumer Rights & Security
- Regarding cooling-off periods: subject only to what appears below in this clause 12, Section 42(2)(d) of the ECT Act is understood to apply to all Transactions under this Agreement.
- To the extent that sections 43(1) and/or (2) of the ECT Act apply: in the event that a consumer proves that the App Owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the act does not apply to an electronic transaction for services which began with the consumer’s consent before the end of a period of seven days from receipt of the service.
13. Data Messages
- Data messages, including e-mail messages, sent by Users to the App Owner shall be deemed to be received only when acknowledged or responded to.
- A data message sent by the App Owner to Users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- The App Owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
- Push notifications will be sent to the User, if enabled. However, irrespective of whether it is so enabled, notifications deemed by the App Owner to be important will be sent to Users even if push notifications are disabled
14. Monitoring and interception of data messages
In order to provide a relevant and secure service, and where required to do so under law, the App Owner may monitor and/or intercept electronic communications such as e-mail which are sent to this App. To the full extent necessary under law the User acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
15. Users further Assurance
Users further undertake not to:
- Impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications.
- Make available or upload files that contain software or any other material not owned or licensed to the User.
- Make use of the App to collect, harvest or otherwise obtain personal information relating to other Users.
- Make use of the App to collect, harvest, alter, adapt, replicate or otherwise utilise any data, information or code associated with or appearing on the App.
- Users and members irrevocably agree that all content provided by them, whether posted on their App or elsewhere or where privately transmitted, is and remains the sole responsibility of the member from which such content originated.
- Utilise this App or any service provided on it to:
- Upload or otherwise transmit any content that is unlawful or illegal;
- Upload or otherwise transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
- Upload or otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
- Harm or unfairly target minors;
- Stalk or harass other Users;
- Impersonate any person connected to this App or any service provided on it or otherwise misrepresent their association with any such person;
- Take any measures to disguise the origin of any content;
- Take any measures to restrict access to any part of the App, including the use of passwords and hidden pages;
- Upload, post or otherwise transmit any content that infringes the intellectual property rights of a third party or which the member is restricted from uploading, posting or otherwise transmitting by operation of law, contract or duty of care;
- Use this App or any service provided on it to engage in any unsolicited, unlawful or unauthorised marketing, advertising or promotional activities, including but not limited to the harvesting of addresses and the sending of spam and chain letters;
- Upload or otherwise transmit any content that contains any malicious code which is designed to or will have the effect of disrupting in any way and to any degree the operation of this App or any service provided on it, and of any software, hardware or telecommunications equipment on which it relies for its operation;
- Collect and / or store data on any other User or Users; or
- Misrepresent the nature of their membership.
- While Taxonomy Co takes all reasonable security precautions and subject to, no liability will lie for damage caused by the malicious use of this App or by destructive data or code that is passed on to the User through the use of this App.The following acts in connection with this App are expressly prohibited:
- delivering or attempting to deliver any unauthorised or malicious code or content to this App; and/or
- any amendment to or attempt to amend any of the content or any other part of this App by unauthorised persons.
- Taxonomy Co may pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this App.
17. Intellectual Property Protection
- Copyright in all information, images, source codes and other original material published on this App which is not attributed to a third party, is held by or licensed to the App Owner. The App Owner asserts and reserves all its rights, including moral rights, in this regard.
- The App Owner grants to Users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the User is the primary User.
18. Advertising and Sponsorship
- This App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this App complies with all applicable laws and regulations.
- The App Owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
19. Termination of App and User Access
- The App Owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this App and/or to terminate the access rights of any User.
- In the event of any malicious action, or inaction, as the case may be, by any User, Taxonomy Co may, in its sole and absolute discretion, terminate permanently any User’s rights to access and/or use the App.
- Separately, and in addition to what appears in clauses 19.1 & 19.2, a User may be removed from a Broadcast campaign at any time by a Broadcaster, without notification by the Broadcaster or the App Owner.
20. Law Governing this Agreement
- The User agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
- This App is owned and maintained within the Republic of South Africa.
- When using this App and agreeing to these terms and conditions such use and agreement is deemed to have taken place in Johannesburg, South Africa.
- Users of this App are encouraged to familiarise themselves with the South African Law relating to Electronic Communications and Transactions as contained in the ECT Act.
21. Consent to jurisdiction:
The User consents to the jurisdiction of the Magistrate’s court having jurisdiction in terms of Section 28 of the Magistrate’s Court Act, as amended, in respect of any dispute flowing from the use of this App.
22. Dispute resolution:
- Any dispute between Taxonomy Co and the User arising out of or in connection with these terms and conditions including any question regarding its existence, validity or termination, shall be settled by mediation and/or arbitration concluded through AFSA rules, which rules are deemed to be incorporated by reference into this clause.
- Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Johannesburg, so the arbitration will be governed by these rules and the dispute will be resolved in accordance with the Law of South Africa.
- Where the dispute has arisen in South Africa between Taxonomy Co and a User who are Internationally based, the place of the arbitration is deemed to be Johannesburg, so the arbitration will be governed by these rules and the dispute will be resolved in accordance with the Law of South Africa.
- The language used during the dispute resolution process will be English.
- Further information on AFSA rules please see www.arbitration.co.za
23. Amendment of the Terms and Conditions of this Agreement
- Owing to legal and other developments, Taxonomy Co may be required to amend these terms and conditions of use from time to time.
- Taxonomy Co will attempt to give notice of any amendments, but reserves the right to effect binding amendments, additions or deletions without notice.
- Taxonomy Co reserves the right to change the Agreement. These changes will become effective from the date on which notice is given to the User of the same. The User’s continued use of the App will be deemed to be an acceptance by it of the agreement to these amendments.
- Other than the variation of this Agreement by Taxonomy Co placing such amendment on the App, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing.
- No waiver, relaxation or indulgence which either party may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.
- Severability: should any provision of this Agreement be void for vagueness or for any other reason, then that provision of this Agreement shall be capable of being severed from the remainder of this Agreement, which shall remain of full force and effect.
- Plain and understandable language: the User confirms that the provisions of this Agreement are in plain and understandable language and that it understands the provisions contained herein.
- No transfer: Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this App.
24. Whole Agreement
The terms and conditions herein and referred to elsewhere on the App constitutes the sole record of the agreement between Taxonomy Co and the User and supersedes all previous agreements. Neither of the parties shall be bound by any representation, express or implied term, warranty, promise or the like not recorded in this Agreement.