ORION AVIATION’S TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES

By accessing or using https://crosschecks.co.za or https://crosschecks.app or any of its related blogs, websites, applications or platforms (collectively, “the Website”), owned by Orion Aviation (Pty) Ltd. (reg: 2018/004695/07 – “Orion”) or any of its Services, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (“Terms”), in conjunction with any additional Orion terms particularly applicable to you and the Services you utilise (in particular, the Service Agreement you concluded with Orion to access and use the Website). All rights in and to the content of the Website remain at all times expressly reserved by Orion.

Please see Orion’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the Orion Terms. These paragraphs limit the risk or liability of Orion, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Orion or is an acknowledgement of any fact by you.

  • Please read these terms carefully before accessing or using the Website or Services. Orion will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
  • By using the Website and/or Services, you warrant that you have carefully read and understood these Orion Terms, and have familiarized yourself with all the information provided to you about our Services and Website and agree to all stated conditions set forth in these Terms. You are also subject to the Service Agreement you concluded with Orion to have access to the Website and Services contained thereon.
  • You further understand and agree that these Terms also contain a release of liability in Orion’s favour, and that you accept these Terms of your own free will. These Terms are binding on your heirs, dependents, legal representatives and assigns.
  • You expressly understand and agree that your access and/or ability to use the Website and the Services thereon, is contingent on you having been provided such prior access permission by Orion by virtue of your conclusion of the extraneous service agreement with Orion (“Service Agreement”).

It is important to note the following:

  • The terms “user“, “you“, “user” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or using the Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Orion or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on 19 July 2021.

1. INTRODUCTION TO THE SERVICES WEBSITE

  1. Orion provides this Website as the online Services platform for users to use the full suite of management and other tools thereon, hosted and maintained by Orion. Only users who have been accepted by Orion to use the Website and Services thereon (by concluding the Service Agreement with Orion), may have access to this Website and the services provided thereon (collectively, the “Service/s”).
  2. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Orion uploading the amended Terms to this Website. Your continued access or use of this Website constitutes your acceptance to be bound by these Terms, as amended. It is therefore your responsibility to periodically read these Terms, as well as the Service Agreement you concluded to ensure you are aware of any changes.
  3. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

2. RELATIONSHIP BETWEEN THE PARTIES

  1. For all Services provided, Orion does not have an employment, intermediary, advisory, agency, representative nor aviation relationship with any user. Your use of the Website, the tools thereon or the Services is entirely at your own risk and based on your own volition and expertise.

3. PROCESSING AND PRIVACY OF PERSONAL INFORMATION

  1. Orion takes the processing of your personal information very seriously and does so in accordance with the South African Protection of Personal Information Act, 2013 (“POPI” – as amended). Please see Orion’s Privacy Policy regarding more details on how Orion uses and processes your personal information.
  2. By entering your personal information on the Website or providing it to us in any way, you warrant that the person using the Website/Services is you and/or you have the legal authority to act on behalf of a corporate entity.
  3. Do not provide us with any personal information which is not yours, or which you have no lawful right to provide on another entity’s/person’s behalf. Do not provide us with the personal information of a minor in any way. Your failure to adhere to these provisions constitutes your immediate and material breach of these Terms.
  4. When submitting personal data of your own data subjects to the Website, you are the Responsible Party of such data, where Orion operates as your limited Operator to process that data on your instruction only, and for your purposes only.

4. THE SERVICES

  1. The only Orion Services made available to users on this Website, is the ability for authorised users to access and use the hosted Services on this Website.
  2. For all other Services offered by Orion, please contact Orion directly on 0826554111.
  3. Whilst the Service Agreement dictates the terms and limits of your use of the Website and the Service tools thereon, the following are additional particular conditions applicable to the use of the Services on this Website:

5. USER RESPONSIBILITIES AND WARRANTIES

  1. By using the Website and/or the Services, you warrant that:
    1. you have read and agreed to these Terms as well as Orion’s Service Agreement, and will use this Website and Services in accordance with them;
    2. all information you provide to the Website and/or Orion is true and accurate in every respect;
    3. you understand and agree that Orion is not a regulated financial, advisory, aviation, banking nor payments service provider and you take all responsibility for the decisions and inputs you make via the Website and/or Services;
    4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
    5. you lawfully possess and submit all information to the Website and/or Orion for the use of it or the Services;
    6. you have all the requisite permission/s and authorisation/s from Orion to use the Services and tools hosted on this Website;
    7. you will not allow any other person or entity to use your Website and/or Services log-in or participation details for their benefit;
    8. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
    9. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
    10. you will not infringe the intellectual property or other rights of any third party or the Website or transmit content that the user does not own or does not have the right to publish or distribute, especially relating to the content you input into the Website or as part of the Services;
    11. you will not use this Website platform for any commercial purpose other than as expressly provided for by Orion herein and/or as per the limits and terms set between you and Orion in the concluded Service Agreement between the parties;
    12. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
    13. you will not facilitate or assist any third party to do any of the above,failing which, your failure will automatically deemed to be a material breach of these Terms, allowing Orion to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Website and/or claiming contractual (including consequential) damages from you.
  2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
  3. Without prejudice to any of Orion’s other rights (whether at law or otherwise), Orion reserves the right to deny you access to the Website or the Services where Orion believes (in its reasonable discretion) that you are in breach of any of these Terms.
  4. Orion does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

6. ADVERTISING AND SPONSORSHIP

  1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all applicable laws and regulations.
  2. Orion, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

7. INTELLECTUAL PROPERTY PROTECTION

  1. All Website and Service layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks (whether registered or un-registered), together with the underlying software code and everything submitted by a user to the Website and Orion in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Orion, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    1. For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided Orion with a non-exclusive, non-transferable licence to use such user intellectual property as Orion deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
  2. Subject to the rights afforded to you in these terms, all other rights to all intellectual property and content on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, multi-media content, graphics or other material on the website or the underlying software code whether in whole or in part, without the written consent of Orion first being granted (through a content use-license or otherwise), which consent may be refused at the discretion of Orion. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Orion and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in (amongst other things) a claim of damages being brought against you.
  3. Orion reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded through the Website, will not be affected by such suspension or termination (as the case may be). Should the Website be terminated or suspended for a long period of time, all data inputted by a user thereon will be returned in a ported format.
  4. Where any of the Website intellectual property has been licensed to Orion or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  5. Subject to adherence to the Terms, Orion grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Website on any machine which the user is the primary user. However, nothing contained on the Website or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Orion.
  6. Any enquiries regarding any of the above relating to intellectual property must be directed to Orion at nicole@orionaviation.co.za.

8. DISCLAIMERS AND WARRANTIES

  1. The Website and Services, including any intellectual property appearing therein and software provided thereby, are provided “as is” and “as available”. Orion makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Services, Website or the information contained on it.
  2. While Orion makes every reasonable effort to present all information accurately and reliably on the Website, Orion does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website.
  3. Orion, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website and/or transactions or actions resulting therefrom or from the Services offered.
  4. Orion, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
  5. Orion takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Orion does not warrant or represent that your access to the Website will be uninterrupted or error-free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.

9. INDEMNITIES

  1. The user indemnifies and holds harmless Orion, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website and/or Services offered or concluded through the Website in any way.
  2. The user agrees to indemnify, defend and hold Orion harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
  3. This clause will survive termination of this agreement.

10. COMPANY INFORMATION

  1. Site owner: Orion Aviation (Pty) Ltd.
  2. Legal status: For profit, limited liability
  3. Registration number: 2018/004695/07
  4. Director: Nicole Jenkinson, Lindsay Erasmus
  5. Description of main business: Aviation Management Software
  6. Telephone number: 0826554111
  7. Email address: nicole@orionaviation.co.za
  8. Website address: https://crosschecks.co.za
  9. Physical address: 88 17th Avenue, Edenvale, 1610
  10. Postal address: 88 17th Avenue, Edenvale, 1610
  11. Registered address: 88 17th Avenue, Edenvale, 1610

11. TERMINATION OF USE OF WEBSITE OR SERVICES

  1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, AND SUBJECT TO THE TERMS OF THE SERVICES AGREEMENT, ORION RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR USE OF THE WEBSITE, SERVICES AND OR ANY CONTENT USE-LICENSE IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT ORION GIVES REASONABLE NOTICE TO YOU.
  2. You may terminate your use of the Services at any time, subject to any additional conditions related thereto which a user may be subject to by virtue of another agreement concluded between the user and Orion (such as the Service Agreement). Further, termination by a user will not affect any existing obligation that that user may have accrued at the time of termination, which will not be affected by same termination (such as the payment of Fee to Orion).

12. DISPUTE RESOLUTION AND GOVERNING LAW

Please see the Service Agreement for this information.

13. FORCE MAJEURE

If Orion is prevented from or hindered or delayed in performing any obligation under these Terms by reason of any circumstance beyond its reasonable control (including but not limited to, acts of god, medical pandemics, governmental restraints, strikes, labour disputes (other than strikes or labour disputes by its own staff), server failure, software failure, war, extreme weather, electrical/internet load-shedding, fire, flood, riot, sabotage and terrorism), it shall be excused performance to the extent affected by the circumstances concerned so long as it shall both give notice to any effected user, if applicable, of those circumstances promptly after they first affected performance and use all reasonable commercial endeavours to remove or avoid their cause or effect.

14. NOTICES AND SERVICE ADDRESS

Please see the Service Agreement for this information.

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