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This is
the User Agreement for this auction site. If you do not agree to be bound
by these terms, do not use the site.
We may
amend this Agreement at any time by posting the amended terms on our site.
Except as stated below, all amended terms shall automatically be effective 30
days after they are initially posted on our site.
- Membership Eligibility.
Our services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors or to temporarily or indefinitely
suspended members. If you are a minor, you can use this service only in
conjunction with your parents or guardians. If you do not qualify, please
do not use our services. Further, your account and User Id may not be
transferred or sold to another party. If you are registering as a business
entity, you represent that you have the authority to bind the entity to
this Agreement.
- Fees and Services.
Joining and bidding on items is free. We may change our Fees and the fees
for our services from time to time. We may in our sole discretion change
some or all of our services at any time. In the event we introduce a new
service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are quoted in South African Rands (ZAR).
You are responsible for paying all fees associated with using our service
and our website and all applicable taxes.
- Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
- if
you are the highest bidder at the end of an auction and your bid is
accepted by the seller, unless the transaction is prohibited by law or by
this Agreement.
By bidding on an item you agree to be bound by the
conditions of sale included in the item's description so long as those
conditions of sale are not in violation of this Agreement or unlawful. Bids are
not retractable except in exceptional circumstances, such as: when the seller
materially changes the item's description after you bid; a clear typographical
error is made; you cannot authenticate the seller's identity; or when the
seller does not confirm your purchase. If you choose to bid on mature audience
items or items that are restricted to adult use, you are certifying that you
have the legal right to purchase such items.
- Your
Information.
6.1 Definition. "Your Information" is defined as any
information you provide to us or other users in the registration or
bidding process or through any email feature. You are solely responsible
for Your Information
6.2 Restricted Activities. Your Information and your activities on
the site shall not: (a) be false, inaccurate or misleading; (b) be
fraudulent or involve the sale of counterfeit or stolen items; (c) infringe
any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) violate any law,
statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) contain any
viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information; (g) create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers;
6.3 License. Solely to enable this auction to use the
information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media
now known or not currently known, with respect to Your Information.
- Access
and Interference.
You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission. You agree
that you will not use any device, software or routine to bypass our robot
exclusion headers, or to interfere or attempt to interfere with the proper
working of this site or any activities conducted on our site. You agree
that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real time basis and is proprietary
or is licensed to this site by our users or third parties. You
agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for Your Information) from
our website without the prior expressed written permission of this
auction or the appropriate third party.
- Breach.
Without limiting other remedies, we may immediately remove your item
listings, warn our community of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you if: (a) you breach this Agreement; (b) we are
unable to verify or authenticate any information you provide to us; or (c)
we believe that your actions may cause financial loss or legal liability
for you, our users or us.
- Privacy.
We do not sell or rent your personal information to third parties for
marketing purposes without your consent. We view protection of users'
privacy as a very important community principle. We understand clearly
that you and your information is one of our most important assets. We
store and process your information on computers located in the United
States that are protected by physical as well as technological security
devices.
- No
Warranty.
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not
allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and
you may also have other legal rights that vary from state to state.
- Liability
Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE
LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR
THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR
SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) R1000.
Some States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
- Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
- Legal
Compliance.
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service and
your bidding on, listing, purchase, solicitation of offers to purchase,
and sale of items.
- No
Agency.
You and this auction are independent contractoRS, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
- Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by this
site to collect our fees and/or recover damages for, or obtain an
injunction relating to, the site operations, intellectual property, and
our services, shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party.
- General.
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with by numerous
factoRS outside of our control. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and
all incorporated agreements may be automatically assigned by this site, in
our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
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