Terms & Conditions

Arctic North (www.arcticnorth.co.za) provides the Arctic North Free Web site including the Arctic North Home Page and other Arctic North content (collectively, the “Arctic North Site”) subject to your compliance with the terms and conditions below. PLEASE READ THIS BEFORE ACCESSING THE ARCTIC NORTH SITE. BY ACCESSING THE ARCTIC NORTH(www.arcticnorth.co.za) SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ARCTIC NORTH(www.arcticnorth.co.za) SITE.

Rules

While visiting the Arctic North Site, you may also not: post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Arctic North Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Arctic North Site or the Internet; post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Arctic North Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

Monitoring

Arctic North has no obligation to monitor the Arctic North Site. However, you agree that Arctic North has the right to monitor the Arctic North Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Arctic North Site properly, or to protect itself or its subscribers. Arctic North will not intentionally monitor or disclose any private electronic-mail message unless required by law. Arctic North reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Privacy

Arctic North cannot ensure or guarantee privacy for Arctic North users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Arctic North and its affiliate and related companies shall be relieved of all liability in connection therewith.

Buying over the Internet

When making purchases or other transactions through the Arctic North Site or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Arctic North Site will be accurate and complete. You agree to pay all charges incurred by you Or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Arctic North Site. Arctic North is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

Limitation of Liability

Arctic North takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Arctic North Site. Further, Arctic North makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the Arctic North Site for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall Arctic North be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

Recourse

If you are dissatisfied with the Arctic North Site or with any terms, conditions, rules, policies, guidelines, or practices of Arctic North in operating the Arctic North Site, your sole and exclusive remedy is to discontinue using the Arctic North Site.

Confidential Information

You authorize Arctic North to collect from any party and to retain all relevant information relating to your use of the Arctic North Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Arctic North to the contrary by e-mailing us, you further authorize Arctic North to disclose, on a confidential basis, to any party with whom Arctic North has business relations all

Indemnity

You agree to defend, indemnify and hold Arctic North and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Arctic North Site or the Internet or the placement or transmission of any message, information, software or other materials on the Arctic North Site or on the Internet by you or users of your account.

Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between Arctic North and you pertaining to the subject matter hereof. Arctic North failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa applicable therein.

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