TERMS AND CONDITIONS

1. DESCRIPTION OF ACSA MOBILE APPLICATION SERVICE
1.1 The ACSA Mobile Application (Hereinafter referred to as the "App") allows you (Hereinafter referred to as the "User"), to inter alia;
1.1.1 Gain access to airport information on the go through their smartphones;
1.1.2 Access to airport services;
(Hereinafter collectively referred to as the "Services").

2. HOW TO REGISTER FOR THE SERVICE
2.1 Register for the App through your Apple or Google Play Store account and simply follow the simple instructions.

3. TERMS AND CONDITION SOF USE
3.1 These Terms and Conditions of Use constitute a valid and legally binding agreement between the User and The Airports Company South Africa Limited (Hereinafter referred to as "ACSA"), being the licensed owner of the App and the provider of the Services.
3.2 By virtue of the User's registration for the App and/or subsequent use of the Services, the User confirms his/her acceptance of all the terms and conditions contained herein, as may be amended by ACSA from time to time.
3.3 The User confirms that he/she is over 18 (Eighteen) years of age for purposes of registering for the App and/or utilising the Services. Users below the age of 18 (Eighteen) years of age confirm that they have obtained consent from their parent/s or guardian/s and from the bill payer prior to registering for the App and/or using the Services.
3.4 This Agreement will come into full force and effect upon registration for the App by the User and shall endure indefinitely, subject to either ACSA or the User (Hereinafter individually referred to as a "Party" and collectively referred to as the "Parties") removing the App from their mobile device and ceasing to utilise the Services, and/or otherwise terminating the Agreement in accordance with the terms set out herein.
3.5 The User may terminate the Services at any time by unsubscribing via the Apple or Google Play Stores. Termination of the Services by either Party shall automatically result in this Agreement being terminated.
3.6 In the event that ACSA intends to amend, vary, substitute or replace any of the terms and/or conditions of this Agreement, including varying and/or limiting the scope of the Services, notice of such amendment, variation, substitution or replacement shall be published on the ACSA website accessible at www.airports.co.za (Hereinafter referred to as the "Website") under updates along with a version number and the date of the update. The User is advised to regularly visit the Website to check for any amendments or updates, it being specifically recorded that the obligation to check for amendments and/or updates lies exclusively with the User and that the User's continued use of the Services shall constitute tacit acceptance of any and all updated terms and conditions. 3.7 The User undertakes to provide ACSA with accurate, truthful and complete information, including his/her full names, mobile phone number and email address and to keep such information accurate and up-to-date at all times.
3.8 The User expressly warrants that all information provided by the User to ACSA is done so at the User's own risk and with the express, informed consent of the subjects to whom such information relates, and the User accordingly indemnifies and holds ACSA harmless against, inter alia, any losses, damages, fines and/or penalties it may incur, howsoever arising, as a result of a breach of the warranty contained herein.
3.9 By virtue of the User's registration for the Services, the User expressly agrees, warrants and undertakes:.
3.9.1 not to use the Services in breach of any of the terms and conditions contained herein, as may be amended from time to time;.
3.9.2 not to use the Services for any wrongful and unlawful activities;.
3.9.3 not to use the Services in contravention of any applicable laws, rules, codes, ordinances, regulations which may be in force from time to time in any of the countries in which the Services are available;.
3.9.4 not to use the Services for purposes that are false, misleading, untruthful or inaccurate;.
3.9.5 not to use the Services for purposes which would infringe upon any intellectual property rights of ACSA or any of its associated business partners;.
3.9.6 provides ACSA, including its associated business partners, with full, informed and express consent to utilize and/or process his/her personal information (as may be understood in terms of any and all relevant legislation including, but not limited to, the Protection of Personal Information Act, No. 4 of 2013 (hereinafter referred to as the "POPIA) and has obtained full, informed and express consent for ACSA, including its associated businesses partners, to utilize and process the personal information as may be required to market and provide the Services.
3.9.7 ACSA reserves the right, and the User accepts same, to communicate with the User with regards to products, promotions, competitions and/or third-party services and offerings from time to time.
3.9.8 Any personal information supplied by the User for purposes of registration for the App will be dealt with in accordance with ACSA's Privacy Policy ( https://www.airports.co.za/Documents/PAIA Manual.pdf, https://www.airports.co.za/Documents/Privacy Policy.pdf), these Terms and Conditions of Use and any applicable legislation.
3.9.9 Further, any personal information supplied by the User shall be dealt with by ACSA in line with the provisions of POPIA and confidentiality provisions enunciated as follows:
3.9.9.1 a) Save as provided in this clause 3.9.9, each Party shall procure that its affiliate and their respective officers, directors, employees, agents, auditors and advisors shall, treat as confidential all information relating to the other Party or its affiliates thereof or relating to their respective businesses that is of a confidential nature and which is obtained by that Party in terms of, or arising from the implementation of these Terms and Conditions, which may become known to it by virtue of being a Party, and shall not reveal, disclose or authorise the disclosure of any such information to any third party or use such information for its own purpose or for any purposes other than those related to the implementation of these Terms and Conditions
b) The obligations of confidentiality in clause 3.9.9 shall not apply in respect of the disclosure or use of such information in the following circumstances:
i)in respect of any information which is previously known by such Party (other than as a result of any breach or default by any Party or other person of any agreement by which such Confidential Information was obtained by such Party);
ii)in respect of any information which is in the public domain (other than as a result of any breach or default by either Party);
iii)any disclosure to either Party's professional advisors, executive staff, board of directors or similar governing body who (i) such Party believes have a need to know such information, and (ii) are notified of the confidential nature of such information and are bound by a general duty of confidentiality in respect thereof materially similar to that set out herein;
iv)any disclosure required by law or by any court of competent jurisdiction or by any regulatory authority or by the rules or regulations of any stock exchange;
v)any disclosure made by a Party made in accordance with that Party's pursuit of any legal remedy; and
vi)any disclosure by a Party to its shareholders or members pursuant to any reporting obligations that Party may have to its shareholders or members, provided that each such shareholder or member is notified of the confidential nature of such information and is bound by a general duty of confidentiality in respect thereof materially similar to that set out herein;
3.10 In the event that a Party is required to disclose confidential information as contemplated in clause 3.9.9, such Party will:
3.10.1 advise any party/ies in respect of whom such information relates (the "RelevantParty/ies") in writing prior to disclosure, if possible;
3.10.2 take such steps to limit the disclosure to the minimum extent required to satisfy such requirement and to the extent that it lawfully and reasonably can;
3.10.3 afford the Relevant Party/ies a reasonable opportunity, if possible, to intervene in the proceedings;
3.10.4 comply with the Relevant Party/ies' reasonable requests as to the manner and terms of such disclosure; and
3.10.5 notify the Relevant Party/ies of the recipient of, and the form and extent of, any such disclosure or announcement immediately after it was made.
3.11 Either Party may, by notice in writing, be entitled to demand the prompt return of the whole or any part of any confidential information supplied by it to the other Party, and each Party hereby undertakes to comply promptly with any such demand.
3.12 In line with the provisions of POPIA, particularly section 20 and 21, ACSA shall observe the following principles when processing personal information of the User:
3.12.1 ACSA shall ensure that itself or its representatives processing the personal information of the User is subject to a duty of confidence;
3.12.2 ACSA or those processing the personal information on its behalf, shall take appropriate measures to ensure the security of processing of such personal information;
3.12.3 ACSA shall only engage a sub-operator under a written contract; ACSA shall ensure that such sub operator, taking into account the nature of processing and the information available, meets its POPIA obligations in relation to the security of processing, the notification of personal information breaches and data protection impact assessments.
3.13 ACSA reserves the right at any stage to decline the User's application for registration for the App, and/or to suspend and/or terminate the Services, in its sole and absolute discretion in the event that the User does not comply with any of the Terms and Conditions of Use contained in this Agreement. In such circumstances, the User shall have no claim, whether direct, indirect or consequential against ACSA, its holding companies, subsidiaries, its licensees, officers, directors, employees, agents, representatives and suppliers of whatsoever nature consequent upon ACSA's decision to decline the application for registration for the App. or the suspension and/or termination of the Services, as the case may be.
3.14 Upon suspension and/or termination of the Services for any reason, the User will no longer have access to, or the use of, the Services.
3.15 Save for the provisions which by their very nature survive the termination of this Agreement, which include but are not limited to, warranty disclaimers, indemnities and limitations of liability, the remaining provisions of this Agreement shall terminate immediately upon termination of the Services.
3.16 The Services may in the sole and absolute discretion of ACSA and without prejudice to any of its rights in terms of this Agreement, at any stage after its suspension or termination, as the case may be, remain available to the User.
3.17 The User is solely responsible for all and/or any activity that occurs on the User's account pursuant to registration for the App and/or use of the Services and shall be solely responsible for maintaining the confidentiality and security of their account.
3.18 The User undertakes to notify ACSA in writing of any unauthorized use of their account or other account related security breach immediately upon the User becoming aware thereof.
3.19 The App is available in countries where ACSA has it available to Users for download through Apple or Google Play Stores under its own brand or that of a white label partnership brand in those countries and ACSA makes no warranty that the App and/or Services are available or operational in any other locations, territories or countries.

4. DISCLAIMER
4.1 The App and the Services are provided without warranties of any kind or nature, whether express, implied or statutory, including without limitation that the App and/or Services will meet the User's requirements, is fit for the intended purpose by the User or for any other purpose whatsoever.
4.2 The use of the App and/or Services is at the User's own risk and the User acknowledges that he/she knows and accepts such risk.
4.3 ACSA makes no warranty:
4.3.1 that the Services shall be free of viruses or other harmful components;
4.3.2 that the use of the Services will not be interrupted or suspended at any time;
4.3.3 that the information transmitted via the Website or through the Services will be done reliably, accurately or in a timely manner;
4.3.4 regarding the availability, suitability, quality and reliability of the App and/or Services, or any part thereof.
4.4 ACSA makes no representations or warranties with respect to the stability, connectivity and/or effectiveness of any wireless or cellular network or third- party connectivity provider or mobile phone whilst using or attempting to use the App and/or Services.

5. LIMITATION OF LIABILITY
5.1 Under no circumstances shall ACSA, its holding companies, subsidiaries, officers, directors, employees, agents, members, representatives, vendors, suppliers, licensees, service operators and/or third party service providers be liable, whether arising out of or relating to the App and/or Services or otherwise in terms of this Agreement, whether in delict, strict liability or negligence, for:
5.1.1 any lost profits or special, indirect, incidental, punitive or consequential damages/losses of any nature whatsoever including bodily injury, illness, trauma, and/or loss, damage and/or destruction to any property of whatsoever nature even if foreseeable; and
5.1.2 any direct damages;
5.1.3 the failure on the part of any third party service providers including any wireless or cellular network during any situation which the Services may be used or attempted to be used;
5.1.4 any loss of data, or any other feature or aspect of the Services whether timeously or at all, as a result of, inter alia, software failures, hardware failures, technical failures, errors in the App, power outages, network failures, breaks in wireless and wired links between the User's mobile phone and the server, third party services software, server security breaches, server failures of any nature or kind, the Users mobile phone not being operational or connected to a mobile network or functional Wi- Fi network, call congestion as a result of any failures and/or shortcomings on the cellular network or for any other reason whatsoever;
5.1.5 any damage to, viruses or code which may affect the User's mobile phone, hardware, software, data or other property of the User as a result of the User downloading or installing the App and/or using or attempting to use the Services.
5.2 The User's access to the Website and/or the App and/or use of the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new services or facilities and ACSA shall assume no responsibility for any loss (direct or consequential) or damages (direct or consequential) which may be suffered as a result of any interruption or restriction of the use thereof for any reason whatsoever. ACSA will however endeavour to provide the User with notice of any interruption via its Website, to the extent possible.
5.3 ACSA reserves the right without any notice and in its sole and absolute discretion to suspend or terminate the Services or any part or feature thereof and/or to change or discontinue the Services or any part thereof for any reason.
5.4 ACSA shall be entitled without notice to the User, to cede, delegate or transfer, or otherwise make over, all or any part of its rights, title and interest in and to this Agreement and/or ownership of the App and/or Services to any party whatsoever and the User consents thereto.

6 INDEMNITY
6.1 The User indemnifies and holds ACSA, its directors, officers, agents, members, employees, representatives, related and affiliated corporations, suppliers, licensees, third party service providers and/or service operators harmless from any claim or demand, loss and/or damage (including any and/or all legal costs which may be incurred by ACSA in defending such claims on an attorney and own client scale) whether direct, indirect or consequential, howsoever arising whether past, future or present including but not limited to:
6.1.1 the User's and/or any third party's (whether authorized or not by the User) use of the App and/or Services;
6.1.2 any violation or breach by the User of the terms and conditions of use contained herein;
6.1.3 the User violating any rights of a third party through his/her use of the App and/or Services;
6.1.4 the suspension, interruption or termination of the Services at any time for any reason whatsoever; or
6.1.5 for any reason arising out of or relating to the use of or attempted use of the Services.

7 FORCE MAJEURE
7.1 ACSA will not be liable for any failure to provide the Services in terms of this Agreement as a result of an event of force majeure including acts of God, pandemics, governmental lockdowns, floods, fires, earthquakes, riots, war, terrorist attacks, strikes, mobile network failures and the like.

8. INTELLECTUAL PROPERTY
8.1 The intellectual property pertaining to the App, the Services and otherwise contained and/or provided for in this Agreement, including, inter alia, all registered and unregistered trademarks, service marks, copyrighted works, domain names, email addresses, websites, designs, computer data, source codes, programs, any and all methodologies, formulae and related
information and developed software and processes, drawings, training manuals, software tools, utilities, information, know-how, plans, the mobile App, and the Services (including the icons, links, graphics, photographic images in respect of the App) ("Intellectual Property") is owned by ACSA and/or licensed to ACSA, in which event has right to use the Intellectual Property.
8.2 The User does not have or acquire any Intellectual Property rights during the currency of this Agreement or after the termination of this Agreement.
8.3 The User, subject to the terms and conditions contained herein, is granted a non-exclusive, limited, non-transferrable, revocable license to use the App and/or Services for his/her personal, non-commercial use only as permitted in terms of these Terms and Conditions of Use, as may be amended from time to time.

9 DISPUTE RESOLUTION
9.1 A dispute of any nature which arises out of, or in connection with, this Agreement between the Parties shall be resolved by way of mediation within 10 (Ten) business days from which the dispute is declared. No formal proceedings may be commenced until either Party endeavours to conclude in good faith an amicable resolution of the matter.
9.2 If the mediation referred to above fails to resolve the dispute, then the dispute shall be finally resolved in Johannesburg in accordance with the then current rules of the Arbitration Foundation of South Africa ("AFSA") by one Arbitrator appointed by agreement between the Parties to the dispute. If the Parties to the dispute cannot agree on an Arbitrator within the period of 10 (Ten) business days after the expiry of the mediation period referred to above, the Arbitrator shall be appointed by the Secretariat of AFSA upon written request of wither of the Parties.
9.3 Each Party:
9.3.1 expressly consents to the arbitration being conducted on an expedited basis and irrevocably authorises the other Party to the dispute to apply on behalf of all Parties to the dispute, in writing to the Secretariat of AFSA in terms of Article 23 (1) of the Rules for the arbitration to be conducted on an expedited basis;
9.3.2 the decision or award resulting from the arbitration shall be final and binding on the Parties and may be made an Order of the Court in the instance of any Party to the dispute. The Parties submit to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg should either Party wish to make the Arbitrator's award an Order of Court;
9.3.3 there shall be no right of appeal as provided for in Article 22 of the AFSA Rules;
9.3.4 the arbitration will be held in camera, in English language and will be kept confidential by the Parties;
9.3.5 the provisions of this clause shall not preclude any Party from access to an appropriate court of law for interim relief in the form of an interdict, mandamus or an order for a specific performance pending the outcome of the mediation or arbitration in terms of this clause or in respect of such mediation or arbitration for which purpose the Parties irrevocably submit to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg.
9.3.6 The interpretation of this Agreement or any disputes arising from this Agreement shall be resolved by exclusively applying South African law.

10 DOMICILIUM CITANDI ET EXECUTANDI
10.1 Should the User wish to initiate a dispute as contemplated in terms of clause 9 above, ACSA chooses as their domicilia citandi et executandi for the service of all notices and legal processes flowing from this Agreement at the following address, namely:
10.2 Airports Company South Africa Limited.
Physical address: Attention:
10.3 ACSA will not accept service of any legal processelectronically and all such process must be served at the physical address provided above.

11 SEVERABILITY
11.1 This Agreement shall apply to the fullest extent permissible by law.
11.2 If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

12 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
12.1 The following table contains further information on ACSA and represents the information that must be provided by ACSA to the User in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of

2002. The User shall regularly check this section for any amendments or updates.

Full Name Airports Company South Africa SOC Limited
Legal Status Juristic Person
Company Registration Number : 1993/004149/30
Place and Date of Registration : Pretoria 23 July 1993

Directors
Adv Sandile Nogxina Nqobizitha Irvin Phenyane Pascalis Mathealira Mokupo
Yershen Pillay
Ntombifuthi Phydelis Zikalala
Nosizwe Nokwe- Macamo
Kemira Esterhuizen
Graeme Alvan Victor
Dudu Rosemary Hlatshwayo
Dr Kgabo Hendrik Badimo
Nompumelelo Zandile Mpofu
Siphamandla Mthethwa

Physical Address 1 Jones Street, Western Precinct Aviation Park, Kempton Park

Postal Address PO Box 75480, Gardenview, 2047

Physical address for receipt of The Maples, Riverwoods, 24 Johnson Road, Bedfordview, 2008 legal documents

Telephone Number 011 723 1400

Website Address www.airports.co.za