WEBSITE TERMS AND CONDITIONS Please read the following Website Legal Notice carefully as it contains the Terms and Conditions of Usage of the Boat Fishing Website, Web pages or any part thereof (located at http://Boat Fishing.co.za) (the "Website") owned by Ismail Sonday as well as other important legal notices applicable to the end user accessing the Website ("User") or ("You"). You will be subject to the Website Legal Notice in force at the time that you use the Website. For the avoidance of doubt, the Website Legal Notice available on the Website at the time of each of Your Website usage sessions shall govern the relevant session. Enquiries: admin@boatfishing.co.za 1.WEBSITE TERMS AND CONDITIONS OF USAGE The User's (Your) registration on and/or usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards Boat Fishing. This agreement was last revised on Tue Nov 01, 2011. You are advised to regularly check these Terms and Conditions for any amendments or updates. Enquiries regarding the Website: admin@boatfishing.co.za 1.1.Enforceability: These Terms and Conditions shall apply to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. 1.2.Usage: Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the Website. The Website is not intended for persons under the age of 18, and Boat Fishing does not knowingly collect personally identifiable information from users under the age of 18. 1.3.LIMITED LIABILITY OF BOAT FISHING: THE USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT USAGE OF THE WEBSITE AND RELIANCE ON THE WEBSITE CONTENT IS AT THE DISCRETION AND RISK OF THE USER. BOAT FISHING, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO: CONTENT, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE WEBSITE. Boat Fishing SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE; HOWEVER, Boat Fishing TAKES NO RESPONSIBILITYFOR, AND WILL NOT BE LIABLE FOR THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND THE CONTROL OF BOAT FISHING. 1.4.No Warranty: The Website has not been tailored to any specific individual User's requirements and is provided to the public as a whole; based thereon the information contained on the Website is provided by Boat Fishing and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Boat Fishing makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Boat Fishing makes no warranties or representations as to the accuracy of the content, information, and materials contained in this Website which are provided to you, as is and as available. 1.5.Indemnification of Boat Fishing: Subject to clause1.1 above, You agreed to defend, indemnify and hold Boat Fishing, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections. 1.6.Unauthorised Use of the Website: The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Legal Notice or the rights of Boat Fishing or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Boat Fishing or which constitutes advertising of goods or services in the absence of written approval from Boat Fishing. Unauthorised use of this Website may give rise to Boat Fishing instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages. 1.7.Third Party Website Links: Boat Fishing may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Boat Fishing does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy and/or legality of such information, alternatively subscribe to any such opinions or recommendations. 1.8.Boat Fishing's Website Links: The Website may also contain links to other websites which are owned and run by Boat Fishing and contains, for instance, further information on the offering of goods and services Boat Fishing. These links are provided for Your convenience and for the purpose of providing additional information. Your use of the linked Boat Fishing website is governed by the usage terms applicable to that specific website and is not governed by the Terms and Conditions of this Website. 1.9.Use of Boat Fishing's Forum: Users may participate in discussions and post announcement to a discussion forum and blog available on the Website. Users agree that content provided by them on the Forum remains the sole responsibility of the User from which such content originated. Boat Fishing does not control, monitor nor enforce editorial control over any content posted on the services it provides. Boat Fishing does, however, retain the right but not the obligation to remove any material from the Forum or Blog which it deems inappropriate, is illegal, of an infringing nature, or is the subject of a complaint. 1.9.1.Users hereby license Boat Fishing to publish, use, sub-license, distribute, amend, update and store material posted to the Forum and Blog; 1.9.2.Boat Fishing shall not be liable for any damage, loss, liability and/or harm incurred by any person if such harm resulted from a User's posting to the Forum and Blog; 1.9.3.Users waive all moral rights that may attach to material posted to the Forum and Blog. 1.9.4.Boat Fishing does not necessarily endorse, encourage or agree with comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Boat Fishing. 1.9.5.Upon signing up to the Forum You will be required to create a Username by which you would like to log-in and be known on the Website. You will also be required to create a Password for Your Account. YOU UNDERSTAND AND ACCEPT THAT YOU WILL BE HELD RESPONSIBLE AND/OR LIABLE FOR ALL THE ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If Your Account confidentiality has been compromised, it is your responsibility to contact Boat Fishing immediately, by email to admin@boatfishing.co.za, and Boat Fishing will assist with the resetting of Your Username and Password. 1.9.6. Classifieds: YOU AGREE TO INDEMNIFY BOAT FISHING AGAINST ANY AND/OR ALL CLAIMS, DAMAGES,ACTIONS AND LIABILITIES INCLUDING WITHOUT LIMITATION, YOUR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE TRANSACTIONS ON THE WEBSITE. 1.10.Applicable Law, Jurisdiction and Arbitration: 1.10.1.The Website is hosted, controlled and operated from the Republic of South Africa and therefore this Agreement shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa. 1.10.2.In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Cape Town, South Africa and each party hereby consents to the jurisdiction of the courts thereof. 1.10.3.Without any restriction on Your rights to pursue legal recourse in the forum of Your choice, You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, with Your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.