1. INTRODUCTION

• These are the general terms and conditions (“terms and conditions”) of use of the websites conducted by ARCA UNLIMITED and CTP Publishers and Printers Limited, a company incorporated in accordance with the laws of South Africa under registration number , all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents (“ARCA UNLIMITED”). These terms and conditions apply to all our websites, and any other entities and/or websites in which ARCA UNLIMITED holds an interest, and to which these terms and conditions have been extended.

• Please read the following terms and conditions very carefully, as your use of this website (the “Site”), and all other websites belonging to ARCA UNLIMITED, is subject to your acceptance of and compliance with these terms and conditions insofar as they relate to this specific website. These terms and conditions apply to both –

• third party users of the Site, which may advertise, publish or otherwise submit content onto the Site; and

• users, who may browse the contents of the Site and the third party content displayed thereon,

or either party, as the context may indicate.

• These terms and conditions are to be read with ARCA UNLIMITED’s Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published by ARCA UNLIMITED from time to time and/or published on the Site (all of which are included in the definition of “terms and conditions”). By accessing and/or using the Site, you acknowledge that you have read, understood and accepted these terms and conditions. If you do not agree with all these terms and conditions, in their entirety, or if you do not wish to be bound by these terms and conditions, you may not access, copy or download any content on the Site and you are not entitled to use the Site.

• Further to the aforementioned, ARCA UNLIMITED may, in its sole and absolute discretion, amend these terms and conditions from time to time.

• Reference to ARCA UNLIMITED in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

2. SUBMISSION OF CONTENT AND USE OF THE SITE

• You agree to use the Site for lawful purposes only. Should you choose to access or use the Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable laws.

• You are prohibited from submitting, by means of reviews, comments, suggestions, ideas, questions, advertisements, promotional material, directory listings or any other information through the Site, or in any other manner, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable, including but not limited to –

• any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law;

• any content that constitutes an invasion of privacy;

• any content that is an infringement of any intellectual property right;

• any content that contains software viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or

• any content that constitutes a political statement, commercial solicitation, or “Spam”.

• Although ARCA UNLIMITED does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of any of the provisions of these terms and conditions or harmful in anyway whatsoever.

• You agree that in using the Site in any way, and/or in any content you provide to ARCA UNLIMITED, you will not-

• create liability for ARCA UNLIMITED or cause ARCA UNLIMITED to lose (in whole or in part) the services of our ISPs or other suppliers;

• link directly or indirectly to or include descriptions of goods or services that are prohibited under the and conditions you do not have a right to link to or include;

• consummate any transaction that was initiated using our site that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of ARCA UNLIMITED’s system or the content on the site without ARCA UNLIMITED’s prior written consent; and

• provide content to the site which is competitive with ARCA UNLIMITED.

• At any time, without notice, for any or no reason, ARCA UNLIMITED reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the service, and to restrict, suspend and terminate transactions

• Should you breach this clause or any other clause in these terms and conditions, ARCA UNLIMITED may immediately terminate and/or suspend your access to all or parts of the Site, without any notice to you, and you may be held liable to criminal or civil prosecution.

• In using the Site, you warrant that –

• you own or otherwise control all rights to the content that you may submit to the Site;

• any use of such content will not cause injury or harm to any person or entity; and

• you indemnify ARCA UNLIMITED, its directors, officers and employees, for all claims resulting from any submitted content.

• By submitting reviews, comments, advertising, directory and event information and/or any other content (other than information protected by the Protection of Personal Information Act, 2013) to ARCA UNLIMITED for posting on the Site, you automatically grant ARCA UNLIMITED a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Notwithstanding the aforementioned, you retain any and all rights that may exist in such content.

• The following activities on or through the Site are expressly prohibited –

• any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, or to data-mine the same without the prior written authority of ARCA UNLIMITED;

• the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site or for any other non-personal purpose that is not expressly authorised;

• any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and

• incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to ARCA UNLIMITED and all rights detailed in Section 45 of the Electronic Communications and Transactions Act No. 25 of 2002 (as amended) (“ECT Act”) are reserved.

• You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full responsibility for all activities that occur under your User Name.

• Some of the services offered on the Site, specifically those relating to subscribing to any of ARCA UNLIMITED’s publications, and participating in e-commerce activities and the purchase and driving of vehicles are only available to persons 18 years or older. By registering with ARCA UNLIMITED for such services, you warrant that you are 18 years or older.

• From time to time ARCA UNLIMITED will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to applicable laws, ARCA UNLIMITED’s General Terms and Conditions for Promotional Competitions, and any other rules which may be published in relation thereto.

3. THE USE OF THIRD PARTY CONTENT

• ARCA UNLIMITED hosts information, pricing, opinions, advertising, directory services, event information, property inventory, vehicle inventory and other content supplied by third parties (“Third Party Content”) on the Site. ARCA UNLIMITED has no editorial or other control, over such content.

• Opinions, statements, offers or any other information that may constitute Third Party Content, belong to the respective third party and not to ARCA UNLIMITED. ARCA UNLIMITED does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by ARCA UNLIMITED by the applicable third party.   Any Third Party Content should not be construed as an express or implied endorsement by ARCA UNLIMITED unless otherwise expressly stated.  You use Third Party Content at your own risk.

• It is your responsibility to evaluate Third Party Content available on and through the Site. ARCA UNLIMITED is not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all reasonable steps to ensure and verify the accuracy of such content.

• In addition to the aforementioned, ARCA UNLIMITED is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, ARCA UNLIMITED is not liable for any products, purchased by you due to your reliance on the Third Party Content, which are not ‘safe, good quality goods’ in terms of section 56 of the Consumer Protection Act, No. 68 of 2008.  ARCA UNLIMITED does, however, provide the contact details of all third party suppliers on the Site.  You may contact the third party suppliers by using such contact details in such an event.

• ARCA UNLIMITED does not review (nor is it under any obligation to do so) or control any third party website that links to or from the Site. ARCA UNLIMITED is not responsible for the content of any third party website linked to or from the Site.  The third party websites are provided solely for your convenience.  Any information, endorsements of products or services, materials or personal opinions appearing on a third party website should not be construed as an express or implied endorsement by ARCA UNLIMITED unless otherwise expressly stated.  You use third party websites at your own risk.

• If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact ARCA UNLIMITED.