Terms and Conditions
The Advertising Standards Authority of South Africa (ASA) is committed to respecting and protecting your privacy. We've structured our web site so that, in general, you can visit the ASA on the web without identifying yourself or revealing any personal information.
The ASA will not sell, rent, or lease your personally identifiable information to others, unless we have your permission or are required by law.
The materials included in our website are for informational purposes only and, although every care is taken to ensure the accuracy of this website the ASA does not accept any responsibility for any act, omission, loss, damage or the consequences thereof by the reliance by any person upon the contents of the website.ASA may revise the content of this website without notifying any person of such revision or changes.
You may be required, in terms of copyright or other laws, to obtain permission before reproducing any part of this web site.
The Ad Alerts Library of the ASA gives you access to a searchable database of ASA Advert Alerts. These are free to view and does not require a subscription.
The Rulings and the Code of Advertising Practice are available online in a searchable database.To have access to this online rulings you need to register and either pay your annual membership fee or chose from different subscription options. By registering for the Rulings, you are agreeing to abide by the Terms of Service below.
By completing the registration process and selecting the Register option, you are indicating your agreement to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not register for the Rulings.
The Terms of Service may be modified from time to time. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration immediately (i) by notifying the ASA of your unwillingness to accept the changes to the Terms of Service; and (ii) by discontinuing your use of the Rulings section of the website. Your continued use of the Rulings section will signify your acceptance of any change in the terms and conditions.
The ASA reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; (ii) your registration with or ability to access the Rulings and/or any other content of the ASA website upon any breach by you of the Terms of Service.
You acknowledge that (i) the ASA permits access to content that is protected by copyright, trademark and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the ASA website is not protected by Rights rests with you.
Registration and Password
Please note that as a member, only the registered individual may access the Rulings. You are responsible for maintaining the confidentiality of your user name(s) and password(s). You shall be responsible for all uses of your user name(s) and password(s), whether or not authorised by you.
You agree to immediately notify the ASA of any unauthorised use of your user name(s) or password(s).
Disclaimer of Warranties
You expressly agree that use of the Rulings and/or any other content of the ASA website is at your sole risk. The Rulings and any other content of the ASA website is provided on an "as is" and "as available" basis. The ASA expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
The ASA makes no warranty that the ASA website will meet your requirements, or that the ASA website will be uninterrupted, timely, secure, or error free. The ASA will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of the ASA website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the ASA website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that the ASA does not guarantee the accuracy or completeness of any information in or provided in connection with the ASA website. The ASA is not responsible for any errors or omissions or for the results obtained from the use of such information.
You agree to indemnify and hold the ASA, and its officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Rulings and/or any other content of the ASA website, the violation of these Terms of Service by you, or the infringement by you, or any unauthorised use of your user name(s) or password(s), of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Gauteng, South Africa, without giving effect to its conflict of laws provisions.
Remedies for Breach of these Terms by You
In the event that the ASA determines, at its sole discretion, that you have breached any portion of these Terms of Service, the ASA reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) discontinue your registration; and/or (iii) any other action which the ASA deems to be appropriate.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The ASA may assign its rights and obligations under these Terms of Service and upon such assignment the ASA may be relieved of any further obligation hereunder.
You represent to the ASA that you have the authority to register with the ASA according to these Terms of Service.
These Terms of Service constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of the ASA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.