Terms and Conditions

Ancestor.co.za Licence and Terms and Conditions of Use
Ancestor.co.za is an Internet service (the "Service") owned and operated by , Deep Blue Solutions (Pty) Ltd. PO Box 1565, Magalies View, 2067, South Africa ("we", "our" or "us"). "You" or "your" means a permitted user of the Service or, in the case of minors, the Guardian of such minor. Your use of the Service indicates that you accept these terms and conditions (the "Terms and Conditions") and the accompanying PRIVACY POLICY (together the "Agreement"). If you don't agree with any of these terms and conditions, you must not use the Service. We may alter this agreement at our discretion, and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, you must discontinue use of the Service.

Ancestor.co.za contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to our registered members, ("Content"). Whether in the free section or in the registered member section of the Service, the copyright in all Content and any other intellectual property rights in the Service are owned by Ancestor.co.za, or third party providers, and may be used only in accordance with the provisions of the limited use licence set out below.

Limited Use LICENCE
You are licensed to use the Content only for personal or professional family history research, and may download Content only as search results relevant to that research. The download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this limited use licence may result in immediate termination of your membership and may result in legal action against you. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a licence for such use is provided in connection with that software.

User provided content
Portions of the Service will contain user provided content intended to be viewed in the form submitted by a member ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, Ancestor.co.za is merely hosting and providing access, and accepts no liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to Ancestor.co.za, you grant Ancestor.co.za a licence to host and provide access to such material, allow hosting and access on co-branded services of that material, and to use the data contained in that material as search results and to integrate that data into the Service as it deems appropriate.

You must submit only material which belongs to you and which will not violate the property or other rights of other people or organizations. We are sensitive to the copyright and other intellectual property rights of others. Although we will try to ensure the accuracy and quality of the Service, the Service is provided on an "as is basis" and
(i) we do not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service; and
(ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service. Changes are periodically added to the information herein. No warranty, term or condition, express or implied, is offered by us and our third party suppliers in relation to the Service, except as expressly provided below.

We are not liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise):
(i) loss of revenue;
(ii) loss of actual or anticipated profits;
(iii) loss of the use of money;
(iv) loss of anticipated savings;
(v) loss or corruption of, or damage to, data, systems or programs; or
(vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in this agreement will be interpreted so as to limit or exclude our liability for any statutory rights you may have as a consumer remain unaffected.

If you did not enter this agreement as a consumer, then in addition to the above limitations of liability, we are also not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise):
(i) loss of business;
(ii) loss of opportunity;
(iii) loss of goodwill; or
(iv) loss of reputation.

Ancestor.co.za may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. Ancestor.co.za makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Ancestor.co.za

If you are dissatisfied with any portion of the Service, or with any of these terms of this Agreement, you should discontinue using the Service.

Additional Guest or Registered Member Terms

1. REGISTRATION AND SECURITY

1.1 As part of the registration process, you will select a password and member name ("Username"). You must provide Ancestor.co.za with accurate, complete and updated registration information. Failure to do so will result in breach of this Agreement. You understand that you may not
(i) select or use a name of another person with the intent to impersonate that person;
(ii) use the rights of another person without authorisation; or
(iii) use a name that we, in our sole discretion, deem offensive.
As you submit information, you understand that Ancestor.co.za is owned and operated by Ancestor.co.za and the Sites are operated in the Republic od South Africa. Registration as a user of or member to the Service results in your customer information being stored and processed in the Republic of South Africa, and you, in registering or subscribing, specifically consent to that storage and processing in accordance with our PRIVACY POLICY. You should review and correct this information regularly.

1.2 You must immediately notify us by regular mail or by e-mail at customer_services@ancestor.co.za of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Ancestor.co.za, its owners or agents.

1.3 You are responsible for all usage or activity on Ancestor.co.za via your password account. Distribution of your password to others for access to Ancestor.co.za is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

2. COMMUNICATIONS BETWEEN Ancestor.co.za AND YOU

We will send electronic mail to you, for the purpose of informing you of changes or additions to Ancestor.co.za, or of any related products and services. You may opt out of this notification service by clicking the unsubscribe link at the end of the email. For further information on our use of subscriber demographic information, see the PRIVACY POLICY on the Service.

3. TERMINATION

Should you breach this Agreement, we will have the right to revoke your licence to use the Service and suspend your right of access. In such a case, no portion of your payment will be refunded. Should we decide to suspend the service for any reason other than breach, we will refund to you the unused portion of your payment, which will be your sole and exclusive remedy upon such a suspension of service.

4. ASSIGNMENT

We reserve the right to assign or transfer our rights and obligations under this Agreement to any person who agrees to assume and comply with all the obligations set out in this Agreement. This Agreement is personal to you and, as a result, you may not without the written consent of Ancestor.co.za assign or transfer any of your rights and obligations under this Agreement.

5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE

Ancestor.co.za has the right, at its sole discretion, to modify this Agreement or the Service at any time in order to take account of changes to the Service, changes in law or any other reason which Ancestor.co.za may deem valid at any time. Changes to the Service will be posted at Ancestor.co.za or sent via e-mail or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your membership. Continued use of the Service now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.

6. MISCELLANEOUS

6.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes in relation to this Agreement shall be heard by the South African courts.

6.2 Save as provided in this clause 6.2, you shall have no remedy in respect of any representation (whether written or oral) made to you upon which you relied in entering into this Agreement (“Misrepresentation”) and we shall have no liability to you other than pursuant to the express terms of this Agreement. Nothing in this Agreement shall exclude or limit our liability for any Misrepresentation made by us knowing that it was untrue. Nothing in this Agreement shall exclude our liability for any fundamental Misrepresentation, including any Misrepresentation as to a matter fundamental to the maker’s ability to perform its obligations under this Agreement, but such liability shall be subject to the limit set out in this Agreement.

6.3 A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement.

6.4 In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

6.5 Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.

6.6 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Ancestor.co.za

6.7 Official correspondence must be sent via postal mail to: Ancestor.co.za, P.O. Box 1565, Magalies View, 2067, South Africa