­

 

This is an Agreement between AAAMSA, (hereinafter referred to as “the Association"), the owner and operator of www.aaamsa.net (hereinafter referred to as the “Site”), the Association software, including Electronic Certificate’s (collectively, including all content provided by the Association through the AAAMSA Site, the "Electronic Certificate Service", or the "Service"), and you (“User” or “You” or “you” or “Your” or “your”) a user of the Service.

 

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE.

This Service is offered to You conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, You agree to be bound by the Agreement.

Be sure to return to this page from time to time to review the most current version of the Agreement. The Association reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the Website and the Service signifies your acceptance of the updated or modified Agreement.

As a condition of your use of this Website, You warrant that all information supplied by You on this Website is true, accurate, current and complete.

The language of choice of the Association for the Electronic Certificate service is English and even though the service may be viewed in other languages, the Association shall not be held liable for incorrect translation of any language, information or interpretation from English to any other language.

The Association retains the right at our sole discretion to deny access to anyone to this Website and the services The Association offers, at any time and for any reason, including, but not limited to, for violation of this Agreement.

These Terms of Service apply to all Users of the Electronic Certificate Service. Information provided by our Users through the Electronic Certificate Service may contain links to third party websites that are not owned or controlled by the Association. The Association has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, You expressly acknowledge and agree that the Association shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

 

If You are a consumer you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)

 

If You are a consumer as defined in the ECT Act and the goods and services You are using are not excluded from protection, You may have certain rights as a consumer under Chapter VII of the ECT Act.

A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier.

For more information on these rights visit Acts Online or www.acts.co.za or http://www.acts.co.za/ect_act/index.htm and see Chapter VII. If You need more information about this please contact The Association. Nothing in this Agreement will be interpreted to deny consumers of any of the rights given to them under the ECT Act.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of the Association.
The Association cannot be held liable for illegal or unconstitutional content. The User indemnifies the Association from all liability in this regard.

 

1.     Subject to your compliance with these Terms of Service, the Association hereby grants You permission to use the Electronic Certificate Service, provided that:

 

1.1.    your use of the Service as permitted is solely for your use, and You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;

 

1.2.    You shall not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium whatsoever; and

 

1.3.    You shall otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

 

2.     You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.

 

3.     No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of the Association.

 

4.     The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the site is not permitted.

 

5.     You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service for any commercial or spam purposes. You agree not to spam, or solicit any Users of the Service.

 

6.     The design of the Electronic Certificate Service along with the Association created text, scripts, graphics, interactive features, the trademarks, service marks and logos contained therein are owned by the Association, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. The Electronic Certificate Service is provided to You AS IS for your information and use only.

 

7.     The Association reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.

 

8.     The Association reserves the right to discontinue any aspect of the Service at any time.

 

9.     You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, the Association, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof.

 

10.  The Association makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility whatsoever.

 

 

11.  The Association does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or other advertising, and the Association will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

 

12.  In no event shall the Association, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, or consequential damages whatsoever resulting from any:

 

12.1.             Errors, mistakes, or inaccuracies of content inter alia, pricing, availability, and advertising,

 

12.2.              Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service,

 

12.3.              Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

 

12.4.             Any interruption or termination of transmission to or from our servers,

 

12.5.             Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party,

 

12.6.             Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, or any other legal theory, and whether or not the Association is advised of the possibility of such damages, and/or

 

12.7.             The disclosure of information pursuant to these terms of service. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

13.  Refund and Cancellation Policy

 

This Refund Policy regulates the extent to which you may cancel your purchases made on the Website and using the Service, and be refunded therefore. It also explains the process you need to follow in order to properly cancel a purchase. You are not entitled to any refund or replacement, save to the extent that it is expressly provided for under this Refund Policy or if The Association, in its sole discretion and without being obliged thereto, chooses to give you a refund.

 

 

14.  Early Cancellations

 

You are entitled to cancel (either in whole or in part) any purchase without attracting any cancellation and/or administration charges if you cancel prior to the Certificate being issued, it being recorded that this online functionality for cancelling any sale will only be available for so long as you are entitled to cancel same on a penalty-free basis.

 

If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled purchase, without any administration or other charges being payable provided that, should a sale only be partially cancelled and the administrative charges as re-calculated on the value of the revised order exceed the administrative charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.

 

15.  Defective Products

 

GENERAL RULE: If, within 6 months after delivery of the Certificate, you find that the Certificate is defective/faulty, or unsuitable for the purpose for which it was indicated in the product description (or otherwise generally intended), or not legal, you should return such Certificate to the Association in the manner set out in the “Returns & Refunds” section below, (being the ONLY manner in which returns will be accepted by the Association), and the Certificate is subsequently found to indeed be defective, you are entitled to either (a) have the Certificate amended at the Associations expense, or (b) be fully refunded. If the Certificate is found not to be defective, you will not be entitled to any refund, or free replacement, and you may be liable for the costs incurred in having such Certificate collected from and returned back to you.

 

Please note the following issues/problems will NOT render the Certificate defective or unsuitable as aforesaid and will not entitle you to any amendment, replacement or refund. Where you or someone unauthorised to do so by the Association, has altered or damaged the Certificate via misuse or abuse. If a Link does not give you access to the relevant Certificate because (a) you have no internet connection, or the Certificate is blocked by your firewalls, or a similar internet or network related restriction is present on your end; (b) you have clicked on the Link more than once; or (c) payment therefore has failed. The Certificate is not able to be opened or read on a device. The Certificate is not able to be opened or read on more than one device simultaneously.

 

16.  To combat the illegal copying of Certificates, the Association reserves the right to only replace it with anther copy of the same Certificate without giving you the option of a refund. Due to the many variables which could render a Certificate or the Link thereto problematic or defective, the fact that it is not possible to return a defective Link for inspection; and the resultant difficulty in proving the existence or cause of any defect, any alleged defect in the Certificate or Link thereto shall be dealt with as follows: Should you experience any problems in using the Link to access the Certificate or in opening or reading the Certificate itself, or, although able to read the Certificate, the Certificate is defective in some other, missing pages, incorrect Certificate etc, you must report the problem to the Association by way of email to AAAMSA@iafrica.com or by contacting the Association at 011 805 5002, within 6 (six) months of purchase.

 

17.  If timeously reported as aforesaid, the Association shall assist you in determining the possible cause/s of the problem and how to rectify same. If the Association deems it necessary, it may liaise with the relevant service providers in this regard to rectify the problem or to issue you with a new Link if required, but no refunds shall be issued unless the Association determines that a refund would be appropriate. It should be noted that it will be even more unlikely that the Association deems a refund appropriate if you have already downloaded the Certificate.

 

18.  Consequently, if you believe an error has been made in your purchase, i.e you accidentally order the incorrect Certificate or inserted the Certificate details incorrectly, please report the problem to the Association WITHOUT clicking on the Link to download the Certificate.

 

19.  Possible Leniency by the Association

 

Although your rights in relation to defective Certificates are set out above, if you return an allegedly defective Certificate you purchased from the Association and, following inspection thereof it cannot be established with certainty that the Certificate is defective, the Association may, in its sole discretion, nevertheless decide to give you a partial refund on that purchase or to effect any amendments or to give you a replacement at a reduced cost.

 

20.  Refunds

 

Should you be entitled to a refund for any reason, such refund shall be effected in the same manner in which your payment was made, except where payment was made via EFT, bank deposit or voucher, in which case we will credit your Association electronic profile. Note that for EFT and bank deposit payments, you have the right to request that the relevant amount instead be paid back into your bank account, and note that we will only pay back into your bank account and not a third party’s bank account.

 

21.  The Association may from time to time supply Users with information including but not limited statistics, comparisons and/or data collected on/by the Service, the Association shall not be held liable for the accuracy of this information, statistics, comparisons and/data. 

 

22.  The Service is controlled and offered by the Association from its facilities in the Republic of South Africa. The Association makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

23.  You agree to defend, indemnify and hold harmless the Association, its holding company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

 

23.1.your use of and access to the Service;

 

23.2.your violation of any term of these Terms of Service;

 

23.3.your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.

24.  You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with these Terms of Service.

 

25.  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Association without restriction.

 

26.  You agree that:

 

26.1.              the Service shall be deemed solely based in the Republic of South Africa;

 

26.2.              the Service shall be deemed a passive server that does not give rise to personal jurisdiction over the Association, either specific or general, in jurisdictions other than the Republic of South Africa; and

 

26.3.              that you agree to subject to the jurisdiction of the Republic of South Africa, more specifically the South Gauteng High Court, in the event of any legal dispute.

 

26.4.               These Terms of Service shall be governed by the laws of the Republic of South Africa.

 

26.5.              Any claim or dispute between You and The Association that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction, more specifically the South Gauteng High Court, of South Africa.

 

27.  These Terms of Service, and any other legal notices published by The Company, shall constitute the entire Agreement between You and the Association concerning the Service.

 

28.  If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

 

29.  No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Association 's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

30.  If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

Have any questions? Give us a call 011 395 2077

 

­