Terms and Conditions - National Airways Corporation

Welcome to the National Airways Corporation (Pty) Limited (herein after referred to as "NAC") website (www.nac.co.za).

This website incorporates information relating to NAC, its holding companies, subsidiaries, divisions or associate companies including but not specifically limited to National Airways and Finance Corporation, NAC International Operations, NAC Fixed Wing and Helicopter Charter, NAC Helicopter Charter Durban, NAC Aircraft Sales, NAC Fixed Wing Maintenance Lanseria, NAC Helicopter Maintenance Rand Airport NAC Botswana, Awesome Flight Logistics, SAS America, 43 Air School and 43 Air School Advanced Training.

The Terms and Use governing this website are in respect of NAC, the holding company, its operational divisions and subsidiaries and joint ventures in which NAC has a shareholding. If necessary any one of these entities shall be entitled to enforce the rights stipulated in these Terms of Use.

The Terms and Conditions set out below apply to any person who uses, accesses, refer to, or views any part of this Website. The use, access, referencing or viewing of the website or the information, content, substance, subject matter, materials, opinions, beliefs, views, products or services available on or through this Website is governed by the Terms of Use set out herein.

By using the NAC website for whatever reason you agree to familiarise yourself with and be bound by the provisions of the Terms of Use. Use of the information as contained on this website is at your own risk and any use thereof or any reference or reliance thereon constitutes agreement to these Terms of Use.

Should you not agree to the Terms of Use stipulated you may not use the NAC website.

Should you use the NAC website for the purposes of electronic communication or any transaction you are bound by the Terms of Use and to the extent that any transactions may be subject to written agreement, to such written agreement.

The Terms applicable to your use of the NAC website are:

NAC PRIVACY AND SECURITY STATEMENT

NAC grants you a limited non-exclusive license to access and make personal use of the NAC website. You are not allowed to modify the NAC website or any portion thereof without the prior written consent of NAC.

Any attempt, whether successful or unsuccessful to interfere with the data displayed on the NAC website or code used in the operation of the NAC website, is unlawful and constitutes an offence in terms of the provisions of section 86 of the Electronic Communications Act 25 of 2002.

This license does not permit any resale or commercial use of the NAC website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the NAC website or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools.

The NAC website or any portion of the NAC website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of NAC.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NAC and our affiliates or our customers whose trade marks, logos or other proprietary information may be displayed on the NAC website, without prior written consent of NAC.

You may not use any meta tags or any other "hidden text" utilizing the NAC name or trademarks without the prior written consent of NAC. Any unauthorized use terminates the permission or license granted by NAC to use this website.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the NAC website so long as the link does not portray NAC, its affiliates or customers, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any NAC logo or other proprietary image or trademark, or those of its affiliates or customers, as part of the link without prior written permission of the owner of the logo, image or trademark.

NAC may provide links from the NAC website to other websites which may offer services to you. NAC is not responsible for evaluating the content or offerings made on these websites. NAC does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to NAC for any dealings with any other websites accessed through links provided by NAC and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

Disclaimer of warranties and limitation of liability

THE NAC WEBSITE IS PROVIDED BY NAC ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER NAC, NOR ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NAC WEBSITE OR THE INFORMATION, content, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NAC WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, NAC ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAC DOES NOT WARRANT THAT THE NAC WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM NAC ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. NAC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE NAC WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL NAC, ITS DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE NAC WEBSITE, SERVICES PROVIDED BY NAC ON ITS WEBSITE OR PROVIDED USING THE MEDIUM OF ITS WEBSITE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

Applicable law

The NAC website and all communications and transactions facilitated by use of the website (whether for gain or at no charge) are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with NAC.

Electronic communications

When you visit the NAC website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. NAC will communicate with you by e-mail or by posting notices on the NAC website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to the NAC website and transactions concluded using the NAC website, as well as your intent to enter into any transaction with NAC, may be evidenced by any action by you from which this may reasonably be inferred.

Amendment to terms and conditions

NAC may amend the terms and conditions governing access to the NAC website. NAC shall also be entitled to amend any terms of trade or terms governing any service accessed through this website. If you do not agree with the amended terms you shall immediately give notice to NAC of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.

Intellectual property statement

Copyright in any information or trade marks displayed anywhere on the NAC website is protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by NAC, the original creator of the materials, or by suppliers and service providers to NAC. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by NAC or with the prior written permission NAC. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the NAC website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Dispute resolution

Any dispute which arises relating to the use of the NAC website or the privacy and security or any person or information provided on the NAC website shall be referred to an attorney of not less than 10 (ten) years experience who has specialist knowledge of the use of websites and the law relating to websites. This attorney will be appointed by NAC and by using the website you consent to the resolution of disputes as stipulated.

COPYRIGHT NOTICE
The copyright in the Terms of Use, Privacy Statement and Terms of Trade displayed on the NAC website vests in Mark Heyink. They are provided to NAC under license and may not be used or reproduced in any manner without the prior written consent of Mark Heyink.