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Legal

Anti-spam policy

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

thearkaccommodation.co.za has a zero-tolerance spam policy.

Automated spam filtering

thearkaccommodation.co.za's messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by thearkaccommodation.co.za's systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam

If thearkaccommodation.co.za provides a facility that enables users to send [email messages / private messages] to others, such a facility may not be used by users of thearkaccommodation.co.za to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes.

Receipt of unwanted messages from thearkaccommodation.co.za

In the unlikely event that you receive any message from thearkaccommodation.co.za or sent using thearkaccommodation.co.za's systems that may be considered to be spam, please contact thearkaccommodation.co.za using the details below and the matter will be investigated.

Changes to this anti-spam policy

thearkaccommodation.co.za may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this anti-spam policy, please contact thearkaccommodation.co.za via the contact page.

Cookie policy

About cookies

We use a number of different cookies on our site. If you do not know what cookies are, or how to control or delete them, we recommend you research the topic through your preferred search engine.

Cookies on our website

thearkaccommodation.co.za uses the following cookies on this website, for the following purposes:

First Party Cookies (These are cookies that are set by this website directly)
- Google Analytics
  - We use Google Analytics to collect information about visitor behaviour on our website.
    Google Analytics stores information about what pages you visit, how long you are on the
    site, how you got here and what you click on. This Analytics data is collected via a JavaScript
    tag in the pages of our site and is not tied to personally identifiable information. We therefore
    do not collect or store your personal information (e.g. your name or address) so this
    information cannot be used to identify who you are. You can find out more about Google's
    position on privacy as regards its analytics service by researching the topic through your preferred search engine
- Content Management System cookies
  - Our websites uses a CMS and cookies are used to store basic data on your interactions with this
    CMS, and whether you have logged into the CMS. We use a session cookie to remember your log-in
    for you if you are a registered user and we deem these as being strictly necessary to the
    working of the website. If these are disabled then various functions on the site might not work. You can use your preferred search engine to learn more about session cookies and what they are used for
Third Party Cookies
- These are cookies set on your machine by external websites the services of which are used on this site.
  Cookies of this type are found in sharing buttons across the site, and allow visitors to share content
  on social networks. These cookies may include, but are not limited to, the following services: LinkedIn,
  Twitter, Facebook and Pinterest. In order to implement these buttons, and connect them to
  the relevant social networks and external sites, they are controlled by scripts from domains outside of
  our website. You should be aware that these sites might be collecting information about what you are
  doing all around the internet, including on this website. You should check the respective policies of
  each of these sites to see how exactly they use your information and to find out how to opt out, or
  delete, such information.
Shopping Cart Cookies
- We use a session cookie to remember your log-in information, and to keep track of what you've put in the
  shopping basket. These we deem strictly necessary to the working of the website's cart, should this site have a cart facility. If these are disabled then various functions on the site might be broken.

thearkaccommodation.co.za might publish Google Adsense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies.

You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: https://www.google.com/ads/preferences/. You can opt-out of the Adsense partner network cookie at: https://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: https://www.google.com/ads/preferences/plugin.

Disabling cookies

If you would like to restrict the use of cookies you can control this in your Internet browser.

Blocking cookies will have a negative impact upon the usability of some websites.

Copyright notice

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by thearkaccommodation.co.za and its licensors.

Copyright license

thearkaccommodation.co.za grants to you a worldwide non-exclusive royalty-free revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory;
print pages from this website for your own personal and non-commercial use.

thearkaccommodation.co.za does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without thearkaccommodation.co.za's prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to booking@thearkaccommodation.co.za.

Enforcement of copyright

thearkaccommodation.co.za takes the protection of its copyright very seriously.

If thearkaccommodation.co.za discovers that you have used its copyright materials in contravention of the license above, thearkaccommodation.co.za may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of thearkaccommodation.co.za's copyright materials that contravenes or may contravene the license above, please report this by email to thearkaccommodation.co.za.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to thearkaccommodation.co.za.

Link policy

Status of linking policy

thearkaccommodation.co.za welcomes links to this website [made in accordance with the terms of this linking policy].

By using this website you agree to be bound by the terms and conditions of this linking policy.

Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should be always be used.

From time to time the URL structure of this website may be updated, and unless thearkaccommodation.co.za agrees in writing otherwise, all links should point to thearkaccommodation.co.za.

You must not use the thearkaccommodation.co.za logo to link to this website (or otherwise) without thearkaccommodation.co.za's express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

thearkaccommodation.co.za has no control over the contents of third party websites, and thearkaccommodation.co.za accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should thearkaccommodation.co.za request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like thearkaccommodation.co.za to remove a link to your website that is included on this website, please contact thearkaccommodation.co.za using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

thearkaccommodation.co.za may amend this linking policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this linking policy, please contact thearkaccommodation.co.za via the contact page.

Privacy policy

Your privacy is important to thearkaccommodation.co.za. This privacy statement provides information about the personal information that thearkaccommodation.co.za collects, and the ways in which thearkaccommodation.co.za uses that personal information.

Personal information collection

thearkaccommodation.co.za may collect and use the following kinds of personal information:

information about your use of this website (including your age, name, ethnicity, sexual orientation, religious
views, job, hobbies, favourite movies, favourite books, favourite food);
information that you provide using for the purpose of registering with the website (including age, name,
ethnicity, sexual orientation, religious views, job, hobbies, favourite movies, favourite books, favourite
food);
information about transactions carried out over this website (including age, name, ethnicity, sexual
orientation, religious views, job, hobbies, favourite movies, favourite books, favourite food);
information that you provide for the purpose of subscribing to the website services (including age, name,
ethnicity, sexual orientation, religious views, job, hobbies, favourite movies, favourite books, favourite
food); and
any other information that you send to thearkaccommodation.co.za.

Using personal information

thearkaccommodation.co.za may use your personal information to:

administer this website;
personalize the website for you;
enable your access to and use of the website services;
publish information about you on the website;
send to you products that you purchase;
supply to you services that you purchase;
send to you statements and invoices;
collect payments from you; and
send you marketing communications.

Where thearkaccommodation.co.za discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, thearkaccommodation.co.za may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

thearkaccommodation.co.za will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

thearkaccommodation.co.za will store all the personal information you provide on it's server/s.

Information relating to electronic transactions entered into via this website may be protected by encryption technology.

Cross-border data transfers

Information that thearkaccommodation.co.za collects may be stored and processed in and transferred between any of the countries in which thearkaccommodation.co.za operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website may be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

thearkaccommodation.co.za may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites. thearkaccommodation.co.za is not responsible for the privacy policies or practices of any third party.

Contact thearkaccommodation.co.za

If you have any questions about this privacy policy or thearkaccommodation.co.za's treatment of your personal information, please contact thearkaccommodation.co.za via the contact page.

Terms and conditions for using this site

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to thearkaccommodation.co.za's use of cookies in accordance with the terms of thearkaccommodation.co.za's cookies policy.

License to use website

Unless otherwise stated, thearkaccommodation.co.za and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages and other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website, except for content specifically and expressly made available for
redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without thearkaccommodation.co.za's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without thearkaccommodation.co.za's express written consent.

Restricted access

Access to certain areas of this website is restricted. thearkaccommodation.co.za reserves the right to restrict access to any area of this website, or indeed this entire website, at thearkaccommodation.co.za's discretion.

If thearkaccommodation.co.za provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

thearkaccommodation.co.za may disable your user ID and password in thearkaccommodation.co.za's sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to thearkaccommodation.co.za a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to thearkaccommodation.co.za the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or thearkaccommodation.co.za or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

thearkaccommodation.co.za reserves the right to edit or remove any material submitted to this website, or stored on thearkaccommodation.co.za's servers, or hosted or published upon this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. thearkaccommodation.co.za makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, thearkaccommodation.co.za does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, medical or any other matter, professional or non-professional, you should consult an appropriate professional.

Limitations of liability

thearkaccommodation.co.za will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or
consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if thearkaccommodation.co.za has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit thearkaccommodation.co.za's liability in respect of any:

death or personal injury caused by thearkaccommodation.co.za's negligence;
fraud or fraudulent misrepresentation on the part of thearkaccommodation.co.za; or
matter which it would be illegal or unlawful for thearkaccommodation.co.za to exclude or limit, or to attempt or purport
to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that thearkaccommodation.co.za has an interest in limiting the personal liability of its officers and employees.

You agree that you will not bring any claim personally against thearkaccommodation.co.za's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect thearkaccommodation.co.za's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as thearkaccommodation.co.za.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify thearkaccommodation.co.za and undertake to keep thearkaccommodation.co.za indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by thearkaccommodation.co.za to a third party in settlement of a claim or dispute on the advice of thearkaccommodation.co.za's legal advisers) incurred or suffered by thearkaccommodation.co.za arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to thearkaccommodation.co.za's other rights under these terms and conditions, if you breach these terms and conditions in any way, thearkaccommodation.co.za may take such action as thearkaccommodation.co.za deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

thearkaccommodation.co.za may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

thearkaccommodation.co.za may transfer, sub-contract or otherwise deal with thearkaccommodation.co.za's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the anti-spam policy, cookies policy, copyright notice, linking policy, privacy statement and website disclaimer, constitute the entire agreement between you and thearkaccommodation.co.za in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.