UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Go App Web Solutions (Pty) Ltd 

(Registration No: 2025/175024/07)

of 7 Batya Street, Kenridge, Cape Town, 7550

(as the “Company”)

  1. 1. This Uniform Domain Name Dispute Resolution Policy (“UDRP Policy”) is incorporated by reference into the Website Terms and Conditions and Privacy Policy forms part of the contractual framework governing the registration, maintenance and use of domain names registered through Go App Web Solutions (Pty) Ltd). All capitalised terms used in this UDRP Policy shall bear the meaning assigned to them in the Website Terms and Conditions unless otherwise indicated. In the event of any inconsistency, the Website Terms and Conditions shall prevail.
  2. 2. This UDRP Policy is adopted in accordance with the Internet Corporation for Assigned Names and Numbers (“ICANN”) requirements and regulates disputes between a User and any third party concerning the registration or use of a domain name.
  3. 3. PURPOSE AND APPLICATION OF THIS POLICY
    1. 3.1. The purpose of this UDRP Policy is to set out the terms and conditions applicable to disputes relating to the registration or use of a domain name, where such disputes arise between a User and a third party other than the Company.
    2. 3.2. This UDRP Policy forms part of the Registration Agreement concluded between the User and the Company, and governs the circumstances under which a User may be required to participate in administrative proceedings regarding a domain-name dispute.
    3. 3.3. Administrative proceedings contemplated under this UDRP Policy shall be conducted in accordance with the applicable Rules for the Uniform Domain Name Dispute Resolution Policy (“Rules of Procedure”) and any supplemental rules published by the appointed dispute-resolution service provider.
  4. 4. USER REPRESENTATIONS AND WARRANTIES
  5. By applying for, renewing or maintaining a domain name registration through the Company, the User represents and warrants that:
    1. 4.1. all information submitted in connection with the Registration Agreement is accurate and complete;
    2. 4.2. to the User’s knowledge, the domain name does not infringe upon or violate the rights of any third party;
    3. 4.3. the domain name is not being registered for an unlawful purpose; and
    4. 4.4. the User will not knowingly use the domain name in a manner contrary to any applicable law, regulation or third-party rights.
  6. The User bears sole responsibility for determining whether a domain name infringes or conflicts with another party’s rights.
  7. 5. CANCELLATIONS, TRANSFERS AND CHANGES TO DOMAIN NAME REGISTRATIONS
  8. The Company will cancel, transfer or otherwise modify a domain name registration where it receives:
    1. 5.1. proper written instructions from the User or its duly authorised agent, subject to the terms of the Registration Agreement;
    2. 5.2. an order or directive from a court or arbitral tribunal of competent jurisdiction; or
    3. 5.3. a decision issued by an Administrative Panel pursuant to an administrative proceeding conducted under this UDRP Policy or any subsequent ICANN-approved version thereof.
  9. The Company may also implement cancellations, transfers or modifications of a domain name registration where required by law, regulation, ICANN policy or the Registration Agreement.
  10. 6. MANDATORY ADMINISTRATIVE PROCEEDINGS
    1. 6.1. A User shall be required to submit to a mandatory administrative proceeding where a third party (“Complainant”) files a complaint with an ICANN-approved dispute-resolution service provider (“Provider”), asserting that:
      1. 6.1.1. the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
      2. 6.1.2. the User has no rights or legitimate interests in respect of the domain name; AND
      3. 6.1.3. the domain name has been registered and is being used in bad faith.
    2. 6.2. Evidence of Bad Faith:
    3. For purposes of determining whether the domain name was registered and used in bad faith, the Administrative Panel may consider, without limitation, whether:
      1. 6.2.1. the domain name was registered primarily for the purpose of selling, renting or otherwise transferring it to the Complainant or a competitor for valuable consideration exceeding documented out-of-pocket costs;
      2. 6.2.2. the User has engaged in a pattern of conduct preventing trademark owners from registering corresponding domain names;
      3. 6.2.3. The domain name was registered primarily to disrupt the business of a competitor; or
      4. 6.2.4. the User has intentionally attempted to attract, for commercial gain, Internet users by creating a likelihood of confusion with the Complainant’s mark.
    4. 6.3. Responding to a Complaint:
    5. The User may demonstrate rights or legitimate interests in respect of the domain name by showing, for example, bona fide use or demonstrable preparations to use the domain name prior to notice of the dispute; that the User has been commonly known by the domain name; or legitimate non-commercial or fair use of the domain name without intent to mislead or tarnish the Complainant’s mark.
    6. 6.4. Conduct of Proceedings:
      1. 6.4.1. The Complainant shall select the Provider from those approved by ICANN. The administrative proceeding, including the appointment of the Administrative Panel, shall be conducted in accordance with the Rules of Procedure. Where multiple disputes exist between the parties, the Administrative Panel may consolidate proceedings at its discretion.
      2. 6.4.2. All fees charged by the Provider shall be paid by the Complainant, except where the User elects to expand the Administrative Panel from one to three panellists, in which case the fee shall be shared equally between the parties.
      3. 6.4.3. The Company shall not participate in the conduct, administration or adjudication of any administrative proceeding and shall not be liable for any decision rendered by an Administrative Panel.
    7. 6.5. Remedies:
    8. The remedies available to a Complainant under this UDRP Policy are limited to the cancellation of the domain name or the transfer of the domain name registration to the Complainant. The Provider shall notify the Company of any decision, and such decisions shall be published unless the Administrative Panel determines that exceptional circumstances require redaction.
    9. 6.6. Court Proceedings:
    10. Nothing in this UDRP Policy precludes either party from submitting the dispute to a court of competent jurisdiction before or after the administrative proceeding. Where the Administrative Panel orders cancellation or transfer of the domain name, the Company shall implement the decision after ten (10) business days unless the User provides official documentation demonstrating that legal proceedings have been commenced in a permissible jurisdiction. Upon receipt of such documentation, go!App shall refrain from implementing the decision until: (i) the parties resolve the dispute; (ii) the legal proceedings are withdrawn; or (iii) the court issues a final order.
  11. 7. OTHER DISPUTES
  12. Any domain-related dispute not falling within the scope of the mandatory administrative proceeding shall be resolved directly between the parties by way of negotiation, arbitration, litigation or any other legally available mechanism. The Company shall not participate in such disputes and Users are prohibited from citing the Company as a party to such proceedings. If Company is improperly joined, it reserves the right to take any steps necessary to defend itself.
  13. 8. STATUS OF DOMAIN REGISTRATION DURING DISPUTES
    1. 8.3. The Company shall maintain the status quo with respect to a domain name registration during any dispute unless otherwise required under this UDRP Policy, the Registration Agreement or an order from a competent authority.
    2. 8.4. A User may not transfer a domain name registration to another holder during a pending administrative proceeding or for fifteen (15) business days following its conclusion, except where the transferee agrees in writing to be bound by the outcome.
    3. 8.5. Transfers to another registrar are similarly restricted during administrative proceedings. Where a transfer occurs during litigation or arbitration, the domain name shall remain subject to the applicable dispute-resolution process.
  14. 9. AMENDMENTS TO THIS POLICY
    1. 9.3. The Company may amend or update this UDRP Policy at any time in accordance with ICANN requirements.
    2. 9.4. Any revisions shall be published at least thirty (30) calendar days prior to becoming effective.
    3. 9.5. The version of the UDRP Policy in effect at the time a complaint is filed shall govern the relevant administrative proceeding.
    4. 9.6. If the User objects to any modification of this UDRP Policy, the User’s sole remedy is to cancel their domain name registration and no refunds shall be issued. Continued use of any domain name following the effective date of the revised UDRP Policy shall constitute binding acceptance thereof.