Terms and Conditions
Air Prop provides the information contained on this website and the pages comprising the website (“website”) and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Air Prop or the services made available from time to time via the website.
- ACCEPTANCE
By accessing and/or using the website, you agree to be bound by the terms. Air Prop may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time. - CONTENT OF THE WEBSITE
Whilst every effort is made to update the information provided on this website on a regular basis, Air Prop makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Air Prop reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website. - PRIVACY AND SECURITY
All personal information obtained by Air Prop by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Air Prop to protect information transmitted via the website are also set out in the privacy and security policy. - COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by Air Prop alternatively, Air Prop is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Air Prop. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Air Prop. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Air Prop. - EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of Air Prop and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Air Prop. - UNLAWFUL USE
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Air Prop against any loss, liability, damage or expense of whatever nature which Air Prop or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid. - GENERAL
Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and Air Prop in relation to your use of this Website. No indulgence or extension of time which either you or Air Prop may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Air Prop shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should Air Prop be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Air Prop is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Air Prop shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, a pandemic, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
For purposes of calculating any time periods GMT +2 shall be used.
The terms shall apply to all transactions you conclude via this website.
A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Air Prop on delivery/collection of the product or service.