Terms and Conditions
TERMS AND CONDITIONS - WEBSITE
1.1 These terms and conditions shall govern your use of our website and the materials.
1.2 By using the website and the materials, you accept these terms and conditions inful, accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must refrain from using the website.
1.3 You must be at least 13 years of age to use the website, by using the website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age. If you are under the age of 18, your parent or legal guardian will have to review these terms and conditions. If you are the parent of the child or children under 18, you agree to these terms and conditions on behalf of yourself as well as your child or children by allowing your child or children to access and/or use the website and materials.
1.4 We will make every effort to keep the website up and running smoothly and secure.
2. COPYRIGHT NOTICE
Subject to the express provisions of these terms and conditions:
2.1 we, together with our licensors, own and control all the copyright and other intellectual property rights in the website and the materials on the website. These materials include, but are not limited to, the design, layout, look, appearance, information, audio and graphics;
2.2 all the copyright and other intellectual property rights in the website and the materials on the website are reserved; and
2.3 All the trademarks reproduced on the website which are not our property, or licensed to us, are acknowledged on the website.
3. PERMISSION TO USE WEBSITE
3.1 You may:
3.1.1 view pages from the website in a web browser; and
3.1.2 stream audio and video files from the website using the media player on the website.
3.2 You may only use the website for your own personal use and may not use the website for any other purposes.
3.3 You may not edit or otherwise modify any materials on the website.
3.4 You may not sell, rent or sub-license any materials from the website, exploit any of the materials from the website for commercial purposes or redistribute the materials from the website.
3.5 We reserve the right to suspend or restrict access:
3.5.1 to the website and/or the materials;
3.5.2 to areas of the website and/or the materials; and/or
3.5.3 to functionality of the website and/or the materials.
3.6 You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website and/or the materials.
3.7 Your use of any information or materials on the website is entirely at your own risk.
4. MISUSE OF THE WEBSITE
4.1 You may not use the website and/or the materials in any way or take any action that causes, or may cause:
4.1.1 damage to the website and/or the materials; or
4.1.2 impairment of the performance, availability, accessibility, integrity or security of the website and/or materials.
4.2 You may not use the website and/or the materials in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.3 You may not hack or otherwise tamper with the website and/or the materials.
4.4 You may not probe, scan or test the vulnerability of the website and/or the materials without our permission.
4.5 You may not circumvent any authentication or security systems or processes on or relating to the website and/or the materials.
4.6 You may not use the website and/or the materials to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.7 You may not do anything that interferes with the normal use of the website and/or the materials.
5. LINKS TO OTHER WEBSITES
5.1 From time to time the website may include links to other websites.
5.2 These links are provided for your convenience to provide further information and does not signify that we endorse these websites.
5.3 We have no responsibility for the information and/or content of the linked websites.
5.4 We are only responsible for the information and/or contents displayed on our specific Facebook page and YouTube channel, that is reasonably within our control.
6. LIMITED WARRANTIES
6.1 We do not warrant, represent and/or guarantee:
6.1.1 the completeness, timeliness, suitability or accuracy of the information and the materials published on the website;
6.1.2 that the materials on the website is up to date;
6.1.3 that the website and/or materials will operate without fault; or
6.1.4 that the website or any materials on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of the website materials, at any time, without notice or explanation and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the website materials.
6.3 We reserve the right to stop publishing the website and/or the materials, at any time, without notice or explanation and you will not be entitled to any compensation or other payment.
6.4 To the maximum extent permitted by the applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the website, the materials and the use of the website.
7.1 The website and the information on the website are provided free of charge, therefore we will not be liable for any loss or damage of any nature.
7.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
7.3 We will not be liable to you in respect of any loss or corruption of any data, database or software.
7.4 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.5 You acknowledge that the information and/or materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
8. BREACH OF THE TERMS AND CONDITIONS
8.1 Without prejudice to our other rights, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
8.1.1 temporarily suspend your access to the website and/or materials without warning;
8.1.2 temporarily suspend your access to the website and/or materials without warning;
8.1.3 permanently prohibit you from accessing the website and/or materials without warning;
8.1.4 block computers using your IP address from accessing the website and/or materials without warning; or
8.1.5 commence legal action against you, whether for a breach or otherwise.
8.2 Where we suspend, prohibit and/or block your access to the website and/or materials or to a part of the website and/or materials, you may not take any action to circumvent such suspension, prohibition and/or blocking.
9.1 We may revise these terms and conditions from time to time.
9.2 The revised terms and conditions shall apply from the date of publication on the website, and you hereby waive any right to have been notified of, or consent to, the revisions of these terms of conditions.
9.3 It is your responsibility to ensure that you have read the revised terms and conditions and your continued use of the website and/or materials after publications of the revised terms and conditions will be construed as acceptance of the revisions.
10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions as we deem fit.
10.2 You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions, except where you are a minor and/or under legal guardianship.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.
12. ENTIRE AGREEMENT
These terms and conditions shall constitute the entire agreement between us in relation to your use of the website and/or the materials and shall supersede all previous agreements between us in relation to your use of the website and/or the materials.
13. LAW AND JURISDICTION
13.1 These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
13.2 Any disputes relating to these terms and conditions must refer the dispute for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the event of that failing, by way of Arbitration. The reference to negotiation and mediations is a precondition to having the dispute resolved by arbitration.
13.3 If the dispute cannot be resolved as set out in paragraph 13.2, the dispute shall be subject to the jurisdiction of the High Court of the Republic of South Africa.
14. OUR DETAILS:
14.1 The website is owned and operated by African Plains Studios (Pty) Ltd with Registration Number 2021/71765/07 and stationed in Pretoria, Gauteng, South Africa.
14.2 You can contact us by email, using the email address published on the website.
Last updated: March 06, 2022
INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Application” means the software program provided by the Company downloaded by You on any electronic device through the Google Play Store, named Night Hunter.
“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to African Plains Studios (Pty) Ltd, 421 16th Avenue, Rietfontein, Pretoria, Gauteng, South Africa.
“Country” refers to South Africa
“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
“Personal Data” is any information that relates to an identified or identifiable individual.
“Service” refers to the Application.
“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
COLLECTING AND USING YOUR PERSONAL DATA
Types of Data Collected
1. Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to Usage Data.
2. Usage Data
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
For the performance of a contract - the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You - To contact You by email when necessary or reasonable to do so.
To manage Your requests - To attend and manage Your requests to Us.
For business transfers - We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes - We may use Your information for other purposes, such as identifying usage trends, and to evaluate and improve our Service, products, services and your experience.
We may share Your personal information in the following situations:
With Service Providers - We may share Your personal information with Service Providers to monitor and analyze the use of our Service.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With other users - when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent - We may disclose Your personal information for any other purpose with Your consent.
RETENTION OF YOUR PERSONAL DATA
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
TRANSFER OF YOUR PERSONAL DATA
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.