pebya

Preamble

The Pebya website & associated services (including those operated from https://pebya.com and sub-domains) are owned & operated by AYR Tech (Pty) Ltd, a company incorporated in the Republic of South Africa under 2014/090625/07, hereafter referred to by any of Pebya, AYR Tech, the Service or the Website.

Access to and use of Pebya is conditional on acceptance of and compliance with these Terms and Conditions of Use, hereafter referred to as the Terms. These Terms apply to all visitors, users and others who access or use this Service via the web, API or any other means. By accessing or using Pebya you agree to be bound by these Terms. If you do not wish to agree to any part of these Terms then you may not access Pebya or use Pebya.

License

These Terms grant you a non-transferable, non-exclusive, revocable and limited license to use Pebya. You may not lease, sublease, sell, rent, loan or otherwise transfer or dispose the use of Pebya in any way to any third party. All software and contents involved in providing Pebya are protected by copyright and trademark laws. This license grants no rights, titles, or interests in or to Pebya, Pebya trademarks or Pebya trade names.

Disclaimers

All domains listed on Pebya are made available for purchase via the Namecheap marketplace. No domains are sold on this site and you accept that no contracts of sale or purchase be entered into by Pebya. Pebya simply exists to advertise specific listings within the Namecheap marketplace. Should you choose to purchase a domain name you agree to disclaim Pebya from any disputes - as any purchases will be entirely contracted between you and Namecheap.

Furthermore, due to the 3rd party listing on Namecheap marketplace of domains for sale - you disclaim Pebya from any expectations as to the actual availability of the listed domains. Pebya explicitly does not guarantee that listed domains are currently available in the Namecheap marketplace, or are specifically available at the price mentioned on Pebya.

No Warranties and Limitation of Liability

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

You agree not to hold us responsible for any data loss incurred. We cannot guarantee continuous, error-free or secure access to our Service or that defects in the Service will be corrected. While we will use reasonable efforts to maintain an uninterrupted Service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Service or the safety of data submitted to Pebya.

You expressly understand and agree that Pebya shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF Pebya IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous sentence, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to 500 South African Rands.

Indemnity

You hereby indemnify Pebya and undertake to keep Pebya indemnified against losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pebya to a third party in settlement of a claim or dispute on the advice of Pebya legal advisers) incurred or suffered by Pebya arising out of any breach by you of any provision of these Terms.

Conditions of Use

As a condition of your use of Pebya you agree that you will not:

• violate any laws;
• infringe any third-party right;
• use any technologies that may harm Pebya;
• use any technologies that may harm the interests or property of Pebya users;
• copy, modify, or re-distribute any content without our express consent;
• harvest or otherwise collect information about other users without their consent;
• bypass measures used to prevent or restrict access to Pebya.

Without limiting other remedies, we may issue warnings, limit or terminate access to our Service, remove hosted content and take technical and legal steps to keep users off Pebya, temporarily or permanently, at our discretion. However, whether we decide to take any of these steps, remove hosted content or keep a user off Pebya or not, we do not accept any liability for unauthorized or unlawful content on Pebya or wrongful use of Pebya by users.

Promotional "Giveaway" Competitions

Pebya offers promotional "giveaway" competitions from time to time, both for all newsletter subscribers and on external websites & services. Any person or entity who signs up for our newsletter or decides to participate in such a competition acknowledges & accepts that:

• Only Pebya alone makes the final decision on who wins any offered promotional competition.
• Only Pebya alone makes the final decision on what constitutes any promotional competition's prize.
• Only Pebya alone can decide the method of delivery for any offered prizes.
• No specific domain offered as a prize option in a promotional competition can be guaranteed to still be available as a prize at the conclusion of the competition.
• In the event that the wording associated with a promotional competition is unclear or ambiguous, then entrants accept that Pebya has sole discretion to decide how the promotional competition in question will work.
• At any time, and at Pebya's sole discretion, any offered promotional competition can be canceled and thus made entirely null & void.
• Pebya can decide to not run a previously scheduled promotional competition without any notice.
• Entrants accept that due to the online nature of these promotional competitions they have no expectation of being contacted with the results of the competition.
• Winners of promotional competitions can be required to make promotional statements in order to become fully eligible for a prize.
• If the competition allows a winner to choose their prize domain from a selection of candidate prize domains, then no changes to the winner's choice will be possible once the winner has informed Pebya of their choice.
• Acceptance of the transfer or push of a prize domain by a winner constitutes their agreement that they have received their entire prize in full and as-is.
• If the winner of a promotional competition doesn't supply the requested domain registrar account details within 3 days of the promotional competition ending, they agree to forfeit their prize and further agree that a new replacement winner can be selected.
• If the winner of a promotional competition doesn't accept a domain push to the winner's supplied user & registrar details within 2 days of Pebya pushing the domain, then they agree to forfeit their prize and further agree that a new replacement winner can be selected.
• Pebya gives no undertakings with regard to renewal dates of domains offered as prizes in promotional competitions - the winner will be responsible for any renewals subsequent to their receiving a prize domain.
• When accepting that they are a competition's winner, winners agree that they are not accruing any other expectations of Pebya or claims against Pebya beyond the potential prize domains that Pebya has specified (pursuant to all promotional competition terms).
• Recipients of a prize domain indemnify Pebya against any claims relating to the prize domain subsequent to its ownership change to the winner.

Contents

Pebya is protected by copyright laws and international treaties. You agree not to copy, distribute or modify content from Pebya without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Pebya. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Pebya.

You retain ownership of content or data you submit to Pebya but grant full license to Pebya to use the content you submit in order to provide our Service.

Privacy Policy

By using Pebya, you agree to the collection, transfer, storage and use of your personal information by Pebya on servers located in South Africa and EU. We make use of the 3rd-party services Namecheap, Postmark, Vultr, Tarsnap & Cloudflare to provide our Service.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We will not share your information with any third party outside of our organization, other than as necessary to fulfill our service obligations to you - except where the sharing of this information is required due to the acquisition or partial sale of our service. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services offered by Pebya, or changes to this privacy policy.

Opting Out & Your Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our Website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Updates
Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us at domains@pebya.com.

General

These terms and the other policies posted on Pebya constitute the entire agreement between Pebya and you, superseding any prior agreements.

This Agreement shall be governed and construed in all respects by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against Pebya must be resolved by the courts of the Republic of South Africa. You and Pebya both agree to submit to the exclusive jurisdiction of the South African Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next use Pebya or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.

Notification Address:

AYR Tech (Pty) Ltd
Albion Springs, 183 Main Rd
Rondebosch
Cape Town
7700
South Africa