Online Auctions.Africa – Terms & Conditions
BY PARTICIPATING IN AN AUCTION, LIQUIDATION, WEBCAST OR ANY OTHER ONLINE AUCTIONS.AFRICA PARTNERS EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND & AGREE TO PARTICIPATE SUBJECT TO THE TERMS & CONDITIONS SET FORTH IN THIS AGREEMENT.
Online Auctions.Africa Services
- We provide online auction content on the Online Auctions.Africa website. The website is only a platform of communication to view online auction content and/or participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer.
- We are not in control of the information made available by auctioneers which you access via the website. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the website.
- We do not charge you for your general use of the website. We are paid by auctioneers to provide the website services to potential bidders and this may include commission.
Side Effects Design and Innovation (Pty) Ltd (Company registration number 2008/009261/07) with its registered office at 93 Linksfield Road, Dowerglen, Johannesburg, 1609,Republic of South Africa trading as Side Effects as South African representative of ATG Media ("Side Effects"); and
You, the user of the Service ("the User").
Online Auctions.Africa contact details by e-mail are: firstname.lastname@example.org
Means all data, information, advice and downloaded materials contained or referred to in or accessed from the Website.
"Intellectual Property Rights"
Means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.
Means any licensor of the Website Operator including without limitation any third parties placing Content on the Website.
Means the provision of Content (which includes without limitation, news, data, catalogues, and other services) provided on the Website to the User by the Website Operator. Auction services are subject to additional terms and conditions which the User is required to register for and accept before being able to access and use the auction services (whether for live auctions or otherwise).
Means any one of Online Auctions.Africa’s websites.
2. Our agreement
2.1. These Website Terms constitute a legally binding agreement between you as the User and the Website Operator establishing the terms and conditions under which you may have access to, and use of, the Website and the Content
2.2. These Website Terms are subject to change. The Website Operator reserves the right to change them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended Website Terms on the Website. The amended Website Terms shall become effective immediately. The Terms are also for the benefit of any auctioneers or other sellers who the Website Operator from time to time in its discretion permits to have the benefit (but not the burden) of these Website Terms.
2.3. These Website Terms replace all previous terms and conditions.
2.4. We will have a record that you have agreed to these Website Terms through registration or (where the information is available to us) through your use of the site. This record is not accessible by you. At present our Website Terms are only offered in English language versions.
3. Basis of use
3.1. Upon acceptance of these Website Terms the User has a non-exclusive, non-transferable, non-sublicenceable licence to use the Service and download Content for its own personal non-commercial use in order to view the Website only. This licence shall include any other material downloaded from the Website unless other conditions apply to the use of that material (the "Licence"). The Website Operator has the right to revoke this Licence at any time or to remove Content from the scope of the Licence without notice.
3.2. The User agrees not to:
3.2.1) use the Service in any way to either directly or indirectly prejudice the Website Operator's interests or those of its Licensors or affiliates and/or the provision and exploitation of the Service in any way;
3.2.2) copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Website or the Service (other than to the extent required to view the Website as contemplated by 3.1);
3.2.3) create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Website or the Service (by spidering or otherwise) or enable or permit others to do so.
3.3. The Website Operator shall make the Service available to Users in such forms as it reasonably deems appropriate from time to time.
3.4. The User shall provide at its own cost suitable access to the internet or equivalent through which the Service is intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
3.5. All products and services contained on or referred to on the Website (including Content that can be downloaded) are subject to availability and the Website Operator has the right to withdraw any product or service at any time without notice.
3.6. The Website Operator may update the Website regularly and may change the Content at any time without notice. If the need arises the Website Operator may suspend access to the Website or close it indefinitely. Any Content on the Website may be out of date at any given time and the Website Operator is under no obligation to update the Content. In addition the Website Operator may from time to time restrict access to parts of the Website or the entire Website to Users who have registered with the Website Operator.
3.7. The Website Operator reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Service at any time.
3.8. The Content, commentary and other materials displayed on the Website are not intended to amount to advice on which reliance should be placed. The Website Operator disclaims all responsibility and liability arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of the Content. Notwithstanding the above, the Content and all other material displayed on the Website is subject to the exclusions of liability set out in these Website Terms and the User should not rely on the Content or other material displayed on the Website as being accurate or up to date but should independently verify all information.
4. Data Collecting and Sharing
5. Items advertised for sale on the Website
5.1. Website Operator may from to time provide a resource where catalogues and other sale details from dealers, auction houses, registered charities and other sellers ("Sellers") can conveniently be viewed. The Website Operator's role is limited to the provision of the Service for the publication of information on items offered for sale provided by the Sellers ("Items").
5.2. Items are sold subject to the terms and conditions of the Seller and any terms of the auctioneer. It is the User’s responsibility to obtain and to read the auctioneer's and seller's terms and conditions carefully before making a bid or offer to purchase any Item.
5.3. The Website Operator is not a party to any transaction between the User and the Seller for the sale of Items nor is the Website Operator acting as agent for or otherwise on behalf of any Seller. Accordingly, the User accepts that it will have no claim or cause of action against the Website Operator in respect of the sale (or non-sale) of any Item.
5.4. For the avoidance of doubt, the Website Operator is not responsible for any errors in information about Items on the Website. The Website Operator does not evaluate Items and does not act as a specialist or expert on any related subject matter. The Website Operator makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the User has any questions, then they should contact the Seller directly. In particular, it is the User's responsibility to understand the Seller's payment and shipping terms and those of the auctioneer.
5.5. Whilst the Website Operator may endeavour to facilitate electronic or other communications between Users and Sellers, it accepts no responsibility in respect of the availability or performance of any such services.
5.6. Users must register and agree to the Bidder Terms before they can participate in any auctions (whether live or otherwise).
6. Title and intellectual property rights
6.1. The Website Operator or its Licensors are the owners of all Intellectual Property Rights in relation to the Website and its Content and, except to the extent expressly permitted by the Licence granted at clause 3.1, the User may not copy, extract, utilise, download, distribute, re-sell, use or publish (including by any means of electronic dissemination or extraction) the Content in any way without the prior written consent of the Website Operator.
7.1. The Website Operator does not provide any warranties in respect of the accuracy, operation or usefulness of the Service nor does it warrant that its operation will be uninterrupted or error free.
7.2. The Website Operator warrants that it shall endeavour to perform its obligations under these Website Terms with reasonable care and skill.
8. Exclusions and limits of liability
8.1. Except to the extent expressly provided in these Website Terms the Website Operator makes no representation or warranty of any kind (express, implied or statutory) nor are any conditions included in relation to this Website or the Content. Website Operator excludes (to the fullest extent permitted by law) all such warranties, representations and conditions.
8.2. The Content is provided for general information only. Any advice or information received through this Website or its Content should not be relied upon as being correct or accurate as it the User's obligation to verify independently such matters from primary sources of information and/or by taking professional advice.
8.3. The User is not entitled to rely on the Content, the Service or any associated service of the Website.
8.4. Except in the case of death or personal injury arising from the Website Operator's own negligence or for the Website Operator's fraud, the Website Operator excludes all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings incurred or suffered by the User arising directly or indirectly in connection with the Website and its Content including without limitation any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with the Website, its Content, the Service or associated services (including but not limited to information, advice, and all content and software downloaded from this Website), or due to any unavailability of part or all of the Website or any Content, the Service or associated services.
8.5. For the avoidance of doubt, all liability of the Website Operator for loss of profits, economic loss, wasted management time, special, incidental, indirect, and/or consequential loss or damage, is also expressly excluded to the fullest extent permitted by law.
8.6. The Website Operator accepts no liability or responsibility for the use made of the Services by the User or those under its control and, in particular but without limitation, the content of any information.
8.7. The exclusions and limitations of liability in these Website Terms are also for the benefit of the Website Operator’s affiliates (if any).
9. Links to other internet websites
9.1. The Website Operator aims to provide a high quality of service to its Users through the Website and for information and convenience the Website Operator may from time to time provide links to other internet websites. The inclusion of such hyperlinks, however, does not imply any endorsement, representation or warranty regarding those websites or the contents of those websites.
9.2. The User may not link directly or indirectly, or facilitate the linking of, the Website to any other website without the Website Operator's prior written consent provided that no consent is required for links made solely for the purposes of operating and providing a bona fide search engine although the Website Operator reserves the right at any time to require any such linking to cease.
10.1. The User shall to the fullest extent permitted by law fully indemnify the Website Operator and each of its affiliates (if any) from and against all liabilities, demands, losses, costs, damages and actual expenses (including reasonable legal fees) suffered or incurred by or awarded against the Website Operator or any of its affiliates in consequence of or arising out of any actions of the User that are inconsistent with, or are in breach of, these Website Terms, any relevant national or international laws or regulations or arising out of the User's negligent, fraudulent or illegal use of the Service or which infringe the rights of others.
11.1. The agreement constituted by these Website Terms ("Agreement") including without limitation the Licence to use the Website and any or all of the Content may be terminated by the relevant Website Operator at any time without cause or notice.
11.2. Any termination of this Agreement will be without prejudice to any other rights or remedies of the Website Operator or any of its affiliates under this Agreement or at law and will not affect its accrued rights prior to the date of termination. Clauses 4, 5, 6.1, 7, 8, 9, 10 and 11 shall survive the termination of this Agreement.
12. Ancillary provisions
12.1. Severability If any of the provisions or part of a provision of these Website Terms is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions or provision will not be prejudiced unless the substantive purpose of these Website Terms is then frustrated, in which case either party may terminate the Agreement forthwith on written notice.
12.2. Waiver No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
12.3. Assignment/sublicensing The User may not assign or sublicense the Agreement or any benefits or interests arising under these Website without the prior written consent of relevant Website Operator.
12.4. Governing law and jurisdiction These Website Terms (and accordingly all visits to the Website) shall be governed by the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts. This is without prejudice to the Website Operator's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.
13. Contacting Us
13.1. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +27 11 568 0250 or by e-mailing us at email@example.com.