Terms & Conditions

Website terms of use these terms of use are applicable to your access and use of this website. Please read these terms of use carefully before using this website as by using this site, you signify that you have read, understand and agree to these terms of use. If you do not agree to be bound by these terms of use, please leave this website. The content on this website is not directed at any person in any jurisdiction where it is illegal or unlawful to access and use such content. Arc investments disclaims all responsibility if you access or download any information from this site in breach of any law or regulation of the country in which you reside. All of the terms in these terms of use are important, but please pay attention to the parts that are inside a box with bold writing. These parts contain information about terms that have special consequences for you.

1. Your acceptance of the terms of use 

1. 1. This website www.arci.mu (“Website“) is made available by African Rainbow Capital Investments Limited (Company Number C148430) (“ARC Investments“, “we“, our” or “us“). Any reference to “ARC Investments”, “we”, our” or “us” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
   2. By using, accessing, browsing, referring to, viewing, and/or downloading the content displayed on the Website, you confirm that you accept these terms of use (“Terms“). These Terms apply to the entire information and content made available and/or displayed by us on the Website for whatever purpose (“Content“), any person who uses, accesses, refers to, views and/or downloads the Content, and any correspondence between us and you.
   3. By accepting these Terms and any additional document that we incorporate by reference in these Terms, you agree that these Terms and such additional document constitute the complete and exclusive understanding between you and us and are binding.
   4. We may amend these Terms and change or remove Content in our sole discretion from time to time. Your continuous use of this Website shall be subject to your regular familiarisation with these Terms as updated to ensure that you understand and agree with the version that applies at the time, this being sufficient notice of any such changes and amendments.
   5. If you do not agree and/or wish to no longer be bound to these Terms as applicable at the time, or to revoke your consent in terms of paragraph 7, you must cease or refrain from using and/or accessing, browsing, referring to, viewing, and/or downloading the content displayed on the Website.

2. Use of the Website

1. 1. Subject to these Terms, you may print copies and/or download extracts of any pages from the Website for your personal, non-commercial use and reference only. You may also draw the attention of others within your organisation to Content posted on the Website.
   2. The Website and/or Content are provided for, and accordingly shall be used for, general information purposes only. The Website and/or Content should not, wholly or in part, be relied upon, construed as, or taken to be:
      1. advice or a recommendation of any kind (professional, expert, informal, or otherwise);
      2. an offer to contract or enter into a transaction;
      3. accurate, complete or up-to-date; or
      4. indicative of the future performance of ARC Investments or the en commandite partnership in South Africa to which ARC Investments has made a capital contribution (ARC Fund);
   3. You acknowledge that any Content purporting or appearing to be financial or investment advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for expert, professional advice of any nature whatsoever. You agree to not rely on the Website or Content in whole or in part when making investment, financial, or other decisions, or incur any expenses or losses. Before making any such decisions you shall ensure you have obtained expert, professional advice.

      This paragraph 2 constitutes an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility which we will have towards you and other persons. Specifically, it is requiring you to seek, or assuming that you have already sought, advice external to this Website and the Content before making any financial investments, decisions or otherwise.

3. Your behaviour when using the Website

1. 1. Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes.
   2. Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content that may be cached when using the Website or the Content.
   3. You may not use the Website to obtain or distribute:
      1. copyrighted material or material protected by law without our prior written consent; or
      2. material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
   4. You shall not (and shall not permit or allow a third party to):
      1. perform any action that violates any of these Terms;
      2. perform any action that infringes our Intellectual Property Rights;
      3. incorporate any part of the Content in any other work or publication;
      4. use the Website or the Content for any commercial purposes;
      5. perform any act that may jeopardise or interfere with the functionality or the operation of any part of the Website;
      6. use the Website for “spoofing“, “hacking“, “framing“, “cracking“, “phishing” or “spamming” (which shall be given their broadest colloquial meanings), or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts;
      7. use the source code of the Website or the Content;
      8. intercept any information transmitted to or from us or the Website that is not intended by us to be received by you;
      9. modify, distribute, commercialise, exploit and/or alter the Website;
      10. make any speculative, false or fraudulent reservation or any reservation in anticipation of demand;
      11. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
      12. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
      13. take any action that imposes (or may impose), in our discretion, an unreasonable or disproportionately large load on infrastructure;
      14. incorporate any part of this Website into any other website without our prior written authorisation in any way.
      15. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (collectively, the “Software“) or any files contained in or generated by the Software by any means whatever;
      16. remove any product identification, copyright or other notices, from the Software or documentation;
      17. lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your practice’s hardware; or
      18. disseminate performance information or analysis of the Software from any source relating to the Software.

4. Availability of the Website

1. 1. While we endeavour to ensure that the Website is normally 100% operational and available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
   2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

5. Links to and from Other Websites

1. 1. We are not responsible for the content, opinions, practices, standards, products or services of or offered on third party websites to which we may provide links (“Other Websites“). Such links are made available for general information purposes only and we specifically note that we have no control over the content made available on Other Websites.
   2. We do not make any representations regarding the content or accuracy of Other Websites. To the fullest extent allowed by law, we are not responsible for your use of the Other Websites or the products, services and opinions of third parties, which shall be used entirely at your own risk and subject to the terms of use for such Other Websites. We shall not be responsible for any loss, expense, cost, claim or damage of any kind arising from or related to your reliance on, use or attempted use of Other Websites or the opinions, products or services of third parties.
   3. Links to Other Websites made available on the Website are not, and shall not be construed as, recommendations, endorsements or approval by us.
   4. You may link or otherwise refer to our homepage in any website that you own or are permitted to post on in a lawful and clearly visible manner, but shall not do so in a way that is damaging or takes advantage of our reputation, or that could in any way be interpreted or suggest an endorsement, association with, or recommendation by us in relation to you or a third party. You are not permitted to (or permitted to allow a third party to) otherwise link, “deep link” or otherwise refer, give access to or make available the Website without our express, written permission.

Paragraph 5 has important legal consequences for you. This paragraph results in you taking on risk, legal responsibility and liability, and limits and excludes liabilities, obligations and legal responsibilities that we would otherwise have towards you and other persons. We are not liable if you suffer losses or damages when visiting another Other Website by following a link to that website, from the Website. You accept that there may be risks when you use such Other Websites, and you do so at your own risk.

6. Intellectual property rights

1. 1. For purposes of these Terms, “Intellectual Property Rights” shall mean all intellectual property rights of whatsoever nature and however embodied, including (without limitation) copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trade marks, trade names, domain names, service marks, rights in get-up, rights in goodwill or to sue for passing off, rights in computer software, programmes, database rights, scripts, graphics, photos, sounds, music, videos, interactive features and the like and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world, as well as all rights to recover damages for the breach, infringement, or misappropriation of any such intellectual property rights.
   2. All Intellectual Property Rights in the Website and the Content are owned by or licensed to us and protected under various domestic and international laws and treaties. We reserve all rights, including all Intellectual Property Rights, not expressly granted herein to the Website and the Content. Nothing in this Website or the Contents should be considered as granting any licence or right under any intellectual property laws.
   3. Without limiting the aforegoing, you shall not:
      1. engage in the use, copying, reproduction, duplication, sale, exploitation or distribution of any of the Content in any way other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website, for any commercial purposes; or
      2. circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7. Privacy and personal data

1. 1. We may collect personal data about you on this Website. We will handle the collection, processing and storage of your personal data in accordance with the provisions of this paragraph 7.
   2. By disclosing or submitting your personal data to us, you consent to us collecting, processing and storing your personal data for the purposes described in this paragraph 7.
   3. We are committed to protecting and respecting your privacy.
   4. We will take reasonable steps to prevent unauthorised access to, or disclosure of your personal data. However, we do not guarantee that your personal data shall be 100% secure.
   5. You agree that we may collect, collate, process and/or store your personal data (“Collect“) for, among other things, any of the purposes listed in paragraph 7.10 below.
   6. The types of personal data that we may Collect includes data within the scope of the categories of personal data identified in relevant data protection law in the Republic of Mauritius, the Data Protection Act and the Republic of South Africa, including the South Africa, Protection of Personal Data Act, 4 of 2013 (whether or not in force). This may include, among other things, your name and identity number, e-mail and physical addresses, postal address, contact data, ethnic or social origin, age, and the pages of the Website viewed by you.
   7. We will attempt to limit the types of personal data we Collect to only that to which you consent and which is necessary for our legitimate business interests.
   8. Personal data may be Collected by us in several ways, including (without limitation), when you browse the Website.
   9. You acknowledge that all personal data Collected by us may be stored by us on our internal systems and may be transferred to our associated companies outside Mauritius or South Africa (as applicable) for the purpose of, and used for, any of the purposes listed in paragraph 7.10 below.
   10. We may use your personal data:
       1. to retain and make available to you information on the Website; and
       2. for security, administrative and legal purposes.
   11. We will not disclose any of your personal data to third parties, (i) except where required to, or permissible, under law or (ii) unless you have consented to such disclosure.

8. Limitation of liability and disclaimer

1. 1. Subject to paragraph 8.2 below, without limiting the generality of the aforegoing, and as far as the law allows:
      1. neither us nor any of our agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from
         1. the use, access or inability to use or access the Website or Content;
         2. any reliance, in whole or in part, on the Website, Content or any information or suggestions drawn therefrom;
         3. any errors, mistakes or inaccuracies of Content;
         4. property damage of any nature whatsoever resulting from your access to or use of the Website;
         5. any unauthorised access to or use of Website and/or all stored personal information and financial information;
         6. interruption or cessation of transmission to or from the Website; and
         7. any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Website by any third party;
      2. the Website and Content are provided on an “as is” basis, for general information purposes only, and have not been compiled or supplied to meet the user’s individual requirements; and
      3. notwithstanding paragraph 8.3, we make no representations or warranties, implied or otherwise, that, among others, the Website is free from errors or omissions or will be 100% uninterrupted and error-free.
   2. As far as the law allows, no provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
      2. requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
   3. As far as the law allows, the Website and Content is provided without any representation or warranty whatsoever, whether express, implied or statutory.

9. Indemnity
You hereby indemnify us and hold us and our officers, affiliates, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

1. 1. your use of and access to the Website;
   2. your violation of any term of these Terms;
   3. your violation of any third party right, including, without limitation, Intellectual Property Rights, other property, or privacy right; or

any damage that you content you may have uploaded caused to a third party.

10. Consumer Protection Act

1. 1. If these Terms (or any contract governed by these Terms) provided and/or made available on the Website are regulated by or subject to the terms of any consumer protection laws or statutes in any jurisdiction (“Consumer Laws“), it is not intended that any provision of these Terms contravene any provision of the Consumer Laws. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
   2. No provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Laws (to the extent applicable) or which we give under the Consumer Laws (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

11. Electronic communications
Where relevant, when a user visits the Website and submits information, data and/or documentation, that user consents to receive communications from us electronically and agrees that all notices, disclosures and other communications sent by us satisfies any legal requirements, including, but not limited to, the requirement that such communications should be “in writing”. By using the Website, you consent to the collection and use of information by us as specified.

12. General

1. 1. The Terms, the use of the Website and any related matters are governed by the laws of Mauritius and are subject to the exclusive jurisdiction of the courts of competent jurisdiction in Mauritius. Should any person outside of this jurisdiction access the Website or Content, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.
   2. If any of these Terms are unlawful, void or unenforceable for any reason, then those Terms may be severed and shall not affect the validity and enforceability of the remaining Terms.
   3. Any indulgence of whatsoever nature granted by us, or a failure to exercise or enforce any right or provision of these Terms shall not be construed as a waiver or variation of any such rights, remedies or provisions.
   4. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
   5. These Terms shall apply to the benefit of and be binding upon each party’s successors.

13. How to contact us
If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching, please contact us at:
Email info@arci.mu
Contact number +230 403 0800
Street address Level 3, Alexander House 35 Cybercity Ebène 72201 Mauritius
Postal address Level 3, Alexander House, 35 Cybercity, Ebène, 72201, Mauritius

These Terms were last updated on 16 August 2017.