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Sellyourcar.Co.Za / Big Star Ltd. Terms Of Use

Effective date: 01/01/2006; last updated: 7/11/2011. Welcome to the website of Sellyourcar.co.za (“SYC”) . PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("Terms of Use") CAREFULLY BEFORE ACCESSING THIS WEBSITE. SYC provides you with access to this website and any other websites owned by BIG STAR LTD. or any of its affiliates (collectively, the "Site") and the services, information, content and other materials available on and through the Site subject to your agreement to, and compliance with, these Terms of Use. 1. Agreement to these Terms of Use BY USING OR VISITING THE SITE, OR CLICKING ON A BUTTON INDICATING YOUR CONSENT, YOU INDICATE YOUR AGREEMENT TO THESE TERMS OF USE AND PRIVACY POLICY, EACH OF WHICH IS INCORPORATED INTO THESE TERMS OF USE BY REFERENCE, AND TO BE BOUND BY ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE, and you warrant and represent that you have all necessary right, power and authority to enter into these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO USE THE SITE. SYC reserves the right, from time to time and without notice, to amend, update, supplement and otherwise modify these Terms of Use and to impose new or additional rules, policies or conditions in relation to your use of the Site (including, without limitation, in relation to competitions or promotions). If SYC does so, SYC shall post the changes to these Terms of Use on this page and indicate at the top of this page the effective date of these Terms of Use or shall display such rules, policies or conditions by publishing legal notices on the Site (which are hereby incorporated into these Terms of Use by reference). It is your responsibility to review these Terms of Use regularly for any such changes. Your continued use of the Site after any such changes indicates your agreement to any such changes. The terms and conditions applicable to users uploading specific material to the Site will be those applicable at the time of uploading such material to the Site.

2. Use of the Site a. These Terms of Use apply to all users of the Site (“Users”), including, but not limited to, Users who contribute songs, sound recordings, musical compositions, lyrics, video and/or audio content, podcasts, blogs, artwork, graphics, photographs, logos, text, profiles, screen names, data, software, comments, suggestions, messages, information, listings, XML, RSS, links and/or other materials or services (and any part of the same) to or via the Site (“User Materials”). b. SYC grants you permission to use the Site as set out in these Terms of Use on condition that: (i) you shall access and use the Site solely for your personal, non-commercial use (or that of the entity on whose behalf you are entering into these Terms of Use); (ii) you shall not copy or distribute any part of the Site in any format or medium without SYC’s prior written consent; (iii) you shall not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you shall otherwise comply with these Terms of Use. Except as expressly provided in these Terms of Use, neither SYC or its affiliates, nor any third party, has conferred on you by implication, estoppel or otherwise any license or right under any copyright, trade mark or other proprietary rights to use the Site. c. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site provided that the link does not portray SYC, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. d. In order to access certain features of the Site, you will have to create an account by registering with SYC. You may never use another User's registered details without permission. Some of the services available via the Site require you to pay a price, fee and/or charge, as described in the specific terms and conditions included on web pages where those services are offered. You agree to pay all prices, fees and charges that you incur. Unless otherwise stated, all price currency references are in South African Rand (ZAR). We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time that the fee or the charge becomes payable. e. You must be 13 years of age or older to use the Site. If you are under 13 years of age, you may not use the Site. If you are aged 13 or older but under the age of 18, you cannot upload or download music tracks to or from the Site and you should review these Terms of Use with your parent or guardian to ensure that you and your parent or guardian understand these Terms of Use.

3. Registration The following provisions apply to Users who register with SYC: a. Registration with SYC is open only to individuals who are 18 years of age or older. By registering with SYC, you represent and warrant that you are 18 years of age or older. SYC reserves the right in its sole discretion to refuse any membership applications. b. When registering, you must provide true, accurate, current and complete information about yourself as prompted by the Site registration or ordering process. By submitting your application to register, you consent to SYC’s holding, storing and processing your personal data. You are referred to SYC’s Privacy Policy in this respect, which forms part of these Terms of Use. c. As part of the registration process, you will be asked to provide a personal email address and to select an account password and username. You shall not disclose your password to anyone else, and you are responsible for keeping it safe. It is in your own interest to ensure that your username does not identify you personally in a way that could be to your disadvantage (e.g. by incorporating your address or telephone details). You are solely responsible for the activity that occurs on your account (which includes, without limitation, unauthorised use of your email address and password) and for keeping your account password secure. All content or instructions transmitted or received from anyone presenting your password on the Site will be deemed binding on you. You shall notify SYC immediately of any breach of security or unauthorised use of your account. SYC may disable any account password in any such event or if in SYC’s opinion you have failed to comply with any of these Terms of Use. SYC shall not be liable for any loss or other damage caused by any unauthorised use of your account. You acknowledge that you may be liable for any loss or other damage incurred or suffered by SYC or third parties due to any such unauthorised use. d. Registration is free. Registration is personal to you, and is not transferable. You shall be solely responsible for ensuring that any and all details (including your email address) held about you by SYC are kept up to date and are correct. e. Registration entitles you to access various features of the Site, details of which are available from to time through the Site. Additional terms and conditions may also apply to these features, and you should monitor the Site from time to time for details. The information, products and services available through the Site are subject to change at any time, without notice or liability to SYC. f. You may terminate your registration on giving 30 days’ notice by sending an email with the subject line "Remove me" to SYC at info@sellyourcar.co.za, in which case SYC shall within such 30-day period remove your profile and other personal information from view and remove from the Site any User Materials that you may have uploaded to the Site. SYC may terminate your registration and/or block your access to the Site with immediate effect by notifying you by email if: (i) any law-enforcement or other government agency requests SYC to do so; or (ii) you breach any of these Terms of Use (including the provisions of SYC’s Privacy Policy, and of any other legal notices published by SYC on the Site from time to time); or (iii) SYC's right to process and use information which is necessary to operate your registration is withdrawn by operation of law or otherwise; or (iv) you have not accessed the Site for a period of three months or more. SYC may also terminate your registration and/or block your access to the Site on one month's notice by email, without specifying a reason. SYC may suspend your access to the Site at any time without prior notice if it experiences unexpected technical issues or problems. If your registration with SYC is terminated, for whatever reason, all of your entries into any prize competitions or any other promotional activities run by SYC shall also be removed. SYC’s proprietary rights, disclaimers of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your registration with SYC.

4. A special note about children SYC is concerned about the safety and privacy of all its Users, particularly children. Our Site targets an audience that is 18 years of age or older, and some content may not be appropriate for all ages. For this reason, parents who wish to allow their children access to the Site should assist them in setting up any relevant accounts and supervise their access to the Site. You acknowledge that, by allowing your children access to the Site, they will be able to access all parts of the Site. As their legal guardian, it is your responsibility to determine whether the Site (or any part(s) of it) and/or any of the User Materials or other content or materials accessible via the Site are appropriate for your children.

5. Unauthorised use of the Site a. You may not use the Site for any illegal or unauthorised purpose. b. You may not use or launch any "robot”, "spider” or other automated system to catalogue, download, store or otherwise reproduce or distribute content available on the Site or to manipulate the results of any activity carried out on the Site, including, but not limited to, prize competitions. Despite the foregoing, SYC grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SYC reserves the right to revoke these exceptions either generally or in specific cases. c. You may not take any action to interfere with the Site or any other User's use of it, including, but not limited to, overloading, "flooding", "mailbombing" or "crashing" the Site. d. You may not collect or harvest any personally identifiable information (including, without limitation, account names) from the Site. You may not use the communication systems provided by the Site for any commercial solicitation purposes, except in any areas specifically designated for such purposes. e. You may not send unsolicited emails or postal communications, including promotions or advertisements, via the Site or solicit, for commercial purposes, any Users of the Site with respect to their User Materials, except in any areas specifically designated for such purposes. Although SYC cannot monitor the conduct of Users off the Site, it is also a violation of these Terms of Use to use any information obtained from this Site in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User’s express prior consent. f. You may not forge or hide your true identity in any postings or emails. g. You may not frame portions of the Site within any other website, alter the appearance of the Site or establish links from any other website to the Site (other than to the home page) without SYC’s express prior written consent. You may not display or use any SYC logo (or any other SYC or third-party proprietary trade mark or graphic) as part of any such link or in any other way without SYC’s or the relevant third party’s express prior written consent. You must not embed mp3 Content hosted on the Site on third-party websites that cause such Content to “autoplay”. h. If you violate any of these Terms of Use, SYC may terminate your use of the Site, bar you from future use of the Site, cancel any orders for products made by you, and/or take appropriate legal action against you. In any such event, SYC shall not be obliged to provide any refund to you.

6. Intellectual property a. SYC respects the intellectual property rights of others and expects you to do the same. You acknowledge that the Site and all content within or linking to the Site (including, without limitation, music, sounds, videos, photographs, text, scripts, graphics, lay-outs, designs, software, interactive features, trade marks, service marks and logos and any part of the same) ("Content") is owned by SYC and/or its licensors (unless in the public domain) and is protected by applicable intellectual property and other laws (including, but not limited to, copyright). Any Content created using the Site, together with all rights in the compilation and arrangement of Content on the Site, shall be owned by SYC. For example, all copyrights in charts, playlists, ratings, rankings, reviews, podcasts, blogs, newsletters, broadcasts, XML and RSS shall be owned by SYC and licensed to you and other Users in accordance with these Terms of Use. b. The Site and the Content is provided to you on an “as is” and “as available” basis for your information and personal, non-commercial use only and may not be used, copied, reproduced, modified, adapted, distributed, published, made available, broadcast, transmitted, performed, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the respective owners’ prior written consent. SYC reserves all rights in and to the Site and the Content not expressly granted under these Terms of Use. You may not engage in the use, copying or distribution of any Content other than expressly permitted under these Terms of Use, including, without limitation, any use, copying or distribution for any commercial purposes of any third party’s User Material(s) obtained by you through the Site. Subject to the Download Agreement, SYC hereby grants to you a non-transferable, non-exclusive, limited licence, revocable at SYC's discretion, for you to download or print on any single computer one copy of any Content for your personal, non-commercial use or reference, provided that you shall not modify or adapt such copy in any way and shall retain all copyright and other proprietary notices contained in such Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. c. Sell Your Car is the trade mark of SYC. All rights reserved. All other trade marks on the Site are the property of their respective owners.

7. User Materials a. SYC may now or in the future permit the uploading, posting, submission, emailing, distribution, publication, transmission and/or other communication to or via the Site (“uploading”, cognate words to be construed accordingly) of User Materials. You acknowledge that, whether or not such User Materials are uploaded, SYC does not guarantee any confidentiality with respect to any such User Materials. SYC is not liable for any lost data resulting from the operation of the Site and/or the enforcement of these Terms of Use. SYC urges all Users to retain their own back-up versions of any Users Materials that they upload. b. By uploading any User Material, you irrevocably and unconditionally grant the following rights: (i) you grant to SYC and each of SYC’s successors in title (“Successors”) a worldwide, non-exclusive, sub-licensable, transferable, assignable and royalty-free licence for the time during which the User Material is hosted by SYC on the Site to use, copy, reproduce, modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast and otherwise make available to the public (“utilise”) such User Material (whether in whole or in part or copies of the same) in any format or medium now known or later developed (including, without limitation, on or via any website or other digital or broadcast media operated by, and in any related promotional materials produced by, SYC or any of its affiliates and Successors); (ii) you grant to SYC and each Successor each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by SYC and any of its affiliates and Successors throughout the world to utilise such User Material in accordance with the above licence and grant of rights; (iii) you authorise SYC to grant, and SYC hereby grants, to each User a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your User Material through the Site and to utilise such User Material as permitted through the functionality of the Site and under these Terms of Use; and (iv) in connection with the permitted use of such User Material in accordance with the above licences and grants of rights: (A) you hereby waive, or warrant that you have procured the waiver of, the right to receive any performance royalties that might otherwise be payable in respect of the streaming or other communication to the public of such User Material via the Site; (B) you hereby waive, or warrant that you have procured the waiver of, in favour of SYC, each Successor and each User all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such User Material; and (C) you grant to SYC, each Successor and each User the non-exclusive, royalty-free right to use your name and any trade mark, professional or business name, likeness, photograph, signature and/or biographical material submitted by you to SYC. For the avoidance of doubt, you shall continue to retain the entire legal ownership of all such proprietary rights in your User Material(s) (and in any reproductions of the same) as vest in you. IF YOU DO NOT WANT TO GRANT TO SYC THE RIGHTS SET OUT ABOVE, PLEASE DO NOT DOWNLOAD YOUR USER MATERIAL TO THE SITE. c. You shall be solely responsible for your own User Materials and the consequences of uploading them. By uploading any User Material, you warrant and represent for the benefit of SYC, its suppliers and any third parties mentioned on or via the Site that: a. In connection with User Materials, you shall not impersonate another person and shall not upload any User Material (including, without limitation, a username or screen name) that: (i) is copyrighted, protected under the law of confidence or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to upload the material and to grant SYC all of the licences granted by you under these Terms of Use; or (ii) is defamatory, obscene, indecent, harassing, threatening, harmful or offensive, incites racial or religious hatred, violates any law or encourages conduct that would amount to a criminal offence or give rise to civil liability and/or is otherwise objectionable; (iii) exploits children under the age of 18 in a sexual or violent manner, or solicits personal information from any such child; or (iv) represents falsehood(s) or misrepresentation(s) that could damage, or are in any way disparaging of, SYC or any of its licensors (or their applications, products, services and/or websites) or any third party; or (v) that is directly or indirectly commercial or contains any advertisement, promotion or solicitation of business, except in any areas specifically designated for such purpose; or (vi) contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. b. You acknowledge that, when using the Site, you will be exposed to User Materials from a variety of sources, and that SYC is not responsible for the truth, accuracy, usefulness, safety of such User Materials or for intellectual property rights in and to such User Materials. SYC does not endorse any User Material or any opinion, recommendation or advice expressed in the same, and SYC expressly disclaims any and all liability in connection with User Materials. You further acknowledge that you may be exposed to User Materials that are untrue, inaccurate, indecent or otherwise harmful or offensive. You hereby waive any legal or equitable rights or remedies that you have or may have against SYC in respect of the same.

8. Removal of Content and User Materials a. You acknowledge that SYC does not pre-screen any User Material(s) uploaded by you or other Users. b. SYC reserves the right in its sole discretion to remove, or to suspend or disable access to, Content and User Materials at any time without liability to SYC and with or without prior notice. c. SYC does not permit infringement of intellectual property rights or other third-party rights on the Site, and SYC shall remove or suspend or disable access to any Content or User Material if properly notified that such Content or User Material infringes a third party's rights. SYC shall also terminate a User's access to the Site if such User has been notified of infringing activity more than twice and/or has had a User Material removed from the Site more than twice. d. SYC also reserves the right to decide whether Content or a User Material is appropriate and complies with these Terms of Use for violations other than infringement of intellectual property rights, including, but not limited to, pornographic, obscene or defamatory material, or material of excessive length (as determined by SYC in its sole discretion). SYC may remove such User Materials and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. e. SYC shall fully co-operate with any law-enforcement authorities or court order requesting or directing the disclosure of the identity of anyone who submits unlawful material. f. If you are a rights-owner or an agent acting for a rights-owner and believe that any User Material or other Content infringes your rights and you wish SYC to remove such material from the Site or to suspend or disable access to it, please refer to our Notice and Take-down Procedure.

9. Information on the Site a. The information displayed on the Site is intended for general information purposes only. SYC accepts no liability for the accuracy or completeness of information displayed on the Site. The views and opinions expressed on the Site are not necessarily those of SYC. b. SYC’s collection and use of your personal information is governed by SYC’s Privacy Policy. SYC takes your rights to privacy very seriously. Please review the Privacy Policy.

10. Third-party websites The Site may contain links to third-party websites that are not owned or maintained by SYC and information about products and services offered by third parties. SYC has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, SYC will not and cannot independently verify, censor or edit the content of any third-party website. The availability of any link or reference to any third party shall in no way constitute an endorsement by SYC of that third party. Any software that may be downloaded from a website operated by a third party is the responsibility of that third party, and SYC accepts no liability for any loss or damage caused by viruses or otherwise arising as a result of your downloading such software. By using the Site, you expressly relieve SYC from any and all liability arising from your use of any third-party website. Accordingly, SYC encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

11. Equipment You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges relating to the same.

12. Disclaimers a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYC DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM A COMPUTER VIRUS, OPERABILITY OR AVAILABLITY OF THE CONTENT OR OF THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL. b. SYC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SYC SHALL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Limitation of liability a. YOU AGREE THAT, IN RESPECT OF ANY PURCHASES OF PRODUCTS MADE THROUGH THE SITE, YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY SYC OR ANY OF SYC'S AFFILIATES OR AGENTS SHALL BE, AT SYC'S OPTION, (I) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON SYC; OR (II) REFUND OF THE AMOUNT THAT YOU PAID TO SYC. b. YOUR USE OF THE SITE IS OTHERWISE ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL SYC OR ITS AFFILIATES, THEIR LICENSORS, SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON OR THROUGH THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. WITHOUT LIMITING THE FOREGOING, SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY (I) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) UNAUTHORISED ACCESS TO OR USE OF SYC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED IN SUCH SERVERS, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) VIRUSES, BUGS, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. c. YOU SPECIFICALLY ACKNOWLEDGE THAT SYC SHALL NOT BE LIABLE FOR USER MATERIALS OR THE DEFAMATORY, OFFENSIVE OR UNLAWFUL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH SUBMISSIONS OR CONDUCT RESTS ENTIRELY WITH YOU. d. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. e. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS SYC’S LIABILITY FOR FRAUD, FOR DEATH OR PERSONAL INJURY CAUSED BY SYC’S NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

14. Indemnity YOU IRREVOCABLY AGREE TO INDEMNIFY SYC AND (AS APPLICABLE) EACH OF THE RELEASED PARTIES AND OTHER USERS ON DEMAND FROM ANY AND ALL COSTS, CLAIMS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES OR LOSSES INCURRED OR SUFFERED BY THEM (INCLUDING, BUT NOT LIMITED TO, REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF AND ACCESS TO THE SITE; (II) YOUR BREACH OF ANY TERM OF THESE TERMS OF USE; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT); OR (IV) ANY CLAIM THAT YOUR USER MATERIAL(S) CAUSED DAMAGE TO A THIRD PARTY. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE.

15. Modifications to the Site SYC reserves the right at any time to modify, suspend or discontinue the Site or any part or aspect of it, and you agree that SYC shall not be liable to you or to any third party for any such modification, suspension or discontinuance, except that you shall be entitled to receive a pro-rata refund in the event that such modification, suspension or discontinuance materially affects your access to those parts or aspects of the Site that you have paid for. 16. International use a. The Site is maintained, controlled and operated by SYC from its facilities in the United Kingdom / USA / South Africa. The Site is hosted in the USA, and all data and information relating to the Site will be held there. SYC makes no representation that the Site or Content accessible on or via the Site is appropriate or available for use in other locations. SYC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. Those who access or use the Site from other jurisdictions do so on their own initiative and at their own risk and are responsible for compliance with all local, state, federal and national laws and regulations that apply to your use of the Site and the Content accessible on or via the Site and to acceptable use of, and conduct on, the internet. b. The User Materials provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SYC to any registration requirement within such jurisdiction or country. c. Software related to or made available by this Site may be subject to national or international export controls. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different). If you visit any international property owned by SYC, its affiliates or partners, you are bound by the terms of use and applicable laws governing that property.

17. Assignment These Terms of Use, and any rights and licences granted under them, may not be transferred, assigned, licensed or otherwise disposed of by you, but may be transferred, assigned, licensed or otherwise disposed of by SYC without restriction.

18. Miscellaneous a. SYC may provide you with communications or notices relating to the Site or these Terms of Use by email to the email address listed in your SYC account information or any uploading to the Site. Any communication or notice given in such a way shall become effective immediately. b. These Terms of Use (as the same may be amended from time to time), together with the Privacy Policy and any other legal notices published by SYC on the Site from time to time, constitute the entire agreement between you and SYC regarding your use of and access to the Site. c. The section headings in all such documents are inserted for convenience only and have no legal or contractual effect. d. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force. The parties agree that the court should endeavour to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions. e. Any delay or failure on the part of Current to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. f. The parties bear the relationship to each other of independent contractors, and nothing in these Terms of Use shall be deemed to create a partnership, joint venture or relationship of agency or employment between them, nor shall either party have the power or authority by virtue of these Terms of Use to bind the other. g. A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use, but this does not affect any right or remedy of a third party specified in these Terms of Use or which exists or is available apart from that Act. h. These Terms of Use shall be governed by, and construed in accordance with, English law. The English courts shall have exclusive jurisdiction over any dispute, claim or matter arising under or in connection with these Terms of Use, although SYC retains the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country. About SYC: SYC is part of BIG STAR Ltd. a company registered in England and Wales under company number 7788424. If you have any queries, comments or feedback about these Terms of Use or about the Site, please contact SYC at info@sellyourcar.co.za.