Terms & Conditions

These are the general terms and conditions ("terms and conditions") of use of the websites conducted by Caxton and CTP Publishers and Printers Limited, a company incorporated in accordance with the laws of South Africa under registration number 1947/026616/06, all of its stakeholders, subsidiaries, partners, divisions and affiliates, its directors, officers, employees or agents ("Caxton"). These terms and conditions apply to all our websites, and any other entities and/or websites in which Caxton 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 Caxton, 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 Caxton's Privacy Policy (set out below) and any other policies, rules, disclaimers or terms and conditions which may be published by Caxton from time to time and/or published on the Site. 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, you may not access, copy or download any content on the Site and you are not entitled to use the Site.

Caxton may, in its sole and absolute discretion, amend these terms and conditions from time to time. Reference to Caxton in these terms and conditions shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

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 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 Caxton does not purport to review any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be in breach of these terms and conditions or harmful in any way.

In using the Site, you warrant that you own or otherwise control all rights to the content that you may submit, that any use of such content will not cause injury or harm to any person or entity, and you indemnify Caxton, its directors, officers and employees, for all claims resulting from any submitted content.

By submitting content (other than information protected by POPIA) to Caxton for posting on the Site, you automatically grant Caxton 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.

The following activities on or through the Site are expressly prohibited: use of automated bots or scrapers to copy or data-mine the Site; collection of listings for competing merchants; actions that impose unreasonable load on the Site; and incorporating contact details published on the Site into marketing databases.

You are responsible for maintaining the confidentiality and security of your username and password. Some services are only available to persons 18 years or older. By registering for such services, you warrant that you are 18 years or older.

Caxton 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. Caxton has no editorial or other control over such content.

Caxton does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as received by Caxton by the applicable third party. Any Third Party Content should not be construed as an express or implied endorsement by Caxton unless otherwise expressly stated. You use Third Party Content at your own risk.

Caxton is not a supplier of any products which may be advertised through Third Party Content on the Site. Accordingly, Caxton is not liable for any products purchased by you due to your reliance on Third Party Content. Caxton does, however, provide the contact details of all third party suppliers on the Site.

Caxton does not review or control any third party website that links to or from the Site and is not responsible for its content. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please contact Caxton.

The price and potential availability for each magazine on the Site is listed on that particular magazine's page. Caxton will not be responsible for any incorrect pricing due to typographical errors, but undertakes to rectify any such errors as soon as they become known.

You acknowledge and agree that the provisions of Section 44 of the ECT Act do not apply to the sale of newspapers, periodicals, magazines and books as contemplated by Section 42(h) of the ECT Act. Accordingly, you are not entitled to cancel without reason and without penalty any transaction relating to your Caxton magazine or other publication subscription purchased by means of the Site.

Caxton provides the Site for the convenience of buyers, sellers, tenants, investors and users interested in immovable property, and collects content in the form of advertisements from private sellers, subscribing estate agents, letting agents and developers. Caxton is not itself an estate agent.

The details of properties available on the relevant website are provided to Caxton by third parties for your information only. Caxton cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

Caxton provides the Site for the convenience of buyers, sellers, dealers, owners, traders and investors interested in auto and vehicle related contents. Caxton is not itself an auto dealer or trader.

All information contained on this Site is provided for information purposes only and does not constitute advice or an offer to buy or sell any vehicle. You should not use or rely on any information on this site, including calculations of prices, taxes, finance rates and valuations, as a substitute for information available from the seller. If any information on the Site does not correspond with the information given by the Seller, you must always rely on the Seller's information.

Many of the vehicles displayed are used or second-hand and are typically sold "as is" or "voetstoots". Please ask the Seller to detail all defects that they are aware of before you buy.

Caxton provides the Site for the convenience of buyers, sellers and users interested in directory services, events and deal listings, and collects content in the form of advertisements from these users.

The details of products and services available on the Site are provided to Caxton by third parties for your information only. Caxton cannot verify these details and therefore makes no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.

Using Caxton's websites is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your advertisement.

Our fees are quoted in South African Rands and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. Our fees are non-refundable, and you are responsible for paying them when they are due.

You may use promotional coupons as payment for regular priced products on the Site. Promotional coupons can only be redeemed on the Site, are valid for the specified period stated on them only, can only be redeemed against regular priced products, and cannot be used in conjunction with other promotional coupons.

We assume no liability for the loss, theft or illegibility of gift or promotional coupons. In the event of fraud or suspected illegal activities in connection with a voucher, we are entitled to close your account and/or require a different means of payment.

You agree, upon requesting any Display or Classified Advertising space, that in the event of failure to publish an advertisement or publication of an incorrect advertisement, the liability of Caxton shall be limited to the amount paid by the advertiser for the advertisement that did not appear, or for that portion of the advertising space occupied by the incorrect item only.

Caxton shall not be liable for slight changes or typographical errors that do not lessen the value of an advertisement. Caxton cannot be responsible for errors after the first day of publication of any advertisement. Notice of errors on the first day should immediately be called to the attention of Caxton.

All content included on the Site by Caxton, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software, is the property of Caxton or its content suppliers and is protected by South African and international copyright laws.

None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Caxton or the copyright owner, except as permitted by the fair use exception under South African copyright laws.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site, so long as the link does not portray Caxton, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. All trademarks are the exclusive property of Caxton.

The information, content, services, products and materials published on the Site are provided on an "as is" basis. Caxton makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site.

To the full extent permissible by applicable law, Caxton disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Caxton will not be liable for any damages of any kind arising from the use of the Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Use of this site is at the user's sole risk. If you make unlawful use of this Site and as a result a third party sues or has a claim against Caxton, you will indemnify and hold Caxton harmless against that claim.

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng High Court, Johannesburg) in respect of any disputes arising in connection with the Site.

Caxton may terminate your account at any time for any reason, including any improper use of the Site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Caxton may be entitled. Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Caxton.

In the event that any of the terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

When you visit the site or send Caxton e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Caxton may at any time modify these terms and conditions and your continued use of the Site will be conditional upon the terms and conditions in force at the time of your use. If you do not accept changes, your sole and exclusive remedy is to discontinue using the Site.

Subject to RICA, you agree that Caxton may intercept, block, read, delete, disclose and use all communications between you and Caxton. You also understand that communications by means of email and the Internet are inherently unsecure unless encrypted.

This privacy policy is complementary to, and should be read and understood together with, the terms and conditions of use of Caxton, all of its stakeholders, subsidiaries, divisions and affiliates and partners ("Caxton"). Reference to Caxton in this Privacy Policy shall be deemed to be a reference to the relevant legal entity which operates the website concerned.

This privacy policy covers how we treat your personal information collected electronically when you use the Caxton website, register or apply online for any Caxton products or services, or when you contact Caxton electronically. Caxton respects your privacy and takes care to protect your personal information and to keep it confidential.

When dealing with your personal information we apply the following:

• Caxton will take all reasonable care to protect your personal information, subject to legal obligations that we may be subject to.
• Caxton will not use your personal information contrary to any enforceable legal provision.
• By using the Site, you provide Caxton with your express written permission to share your personal information within Caxton, in the ordinary course of business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.

Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number, marital status, spoken language, contact details or any other information you use to register for the website.

Caxton collects your personal information whenever you use the Site, complete an application form, contact Caxton electronically, or use any of the products, services, facilities, tools or utilities offered on the Site.

Caxton collects your personal information for the following purposes:

• to process your instructions or requests;
• to ensure that Caxton meets your needs, including research and statistical purposes;
• to send you newspapers, magazines, newsletters, promotional material or relevant advertising;
• to conduct market research;
• to provide your details to the seller of products and/or services you wish to purchase; and
• to contact you in the future at your request.

Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent. You may at any stage withdraw your consent.

Caxton values the information that you choose to provide and will take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration.

If you ever want to update or correct any of your personal information held by Caxton, you can e-mail us or phone our contact centre.

Caxton uses cookies, including similar technologies. Cookies are information sent from the Site to your hard drive, where it is saved. Cookies allow us to provide you with an enhanced experience and customised content and services. You are able to control advertising cookies and remove them through the tools on your web browser. For more information visit www.allaboutcookies.org.

Caxton may obtain or infer information about your location. We use such information to infer the demographics of our users and to provide you with enhanced services and appropriate advertising content.

Caxton may amend this privacy policy from time to time and will carry details of changes on its websites. The current version of this privacy policy will govern the respective rights and obligations between you and Caxton each time that you access and use the Site.

This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with this privacy policy.