WILDLIFE AUCTIONS .CO.ZA
of 39 Troon Crescent
Silverlakes Golf Estate
1.1 These Terms and Conditions together with any annexures (if any) constitute the agreement between you and Wildlife Auctions in respect of your access to and use of this website (the Site) and the content. It subsequently governs your relationship with Wildlife Auctions and is a legally binding agreement. Take therefore care to inform yourself of the content of this document and make sure you understand it as it contains and affect your rights and obligations in law. If you are uncertain, or you do not agree with any of the Terms and Conditions then you should not accept them.
1.2 We will provide you with the Services only once you have accepted these Terms and Conditions by clicking on the "I ACCEPT" button when registering with us. If you do not accept these Terms and Conditions, You may not use the Site, nor apply for registered use of the Site. Should you accept the Terms and Conditions but disobey any of them, legal consequences may follow as described later herein. Any unauthorized use of the Site terminates this agreement.
1.3 This agreement supersedes all prior understandings, purchase orders, agreements and arrangements between you and Wildlife Auctions.
1.4 Take note that we are not involved in the sale or purchase of any Products and all Products are sold by Wildlife Auctions as an Agent on behalf of the Seller.
2 DEFINITIONS AND INTERPRETATION
"Agreement" means these Terms and Conditions, and any Annexures thereto;
"Asking Price" means the price (per item for game and per lot for hunting packages) specified by the Seller for Non Auction Items.
“Auction” means a fixed period or life interactive auction with or without a reserve price.
“Auction basket” means a virtual basket into which all lots that a Purchaser has won a bid on or made an offer on, as the case may be, are placed temporarily for administrative purposes.
"Confirmation Notice" means the notification that we send electronically to the Purchaser and the Seller, to confirm acceptance of the Purchaser’s bid or offer by the Seller.
“Exotic animals” means those species of game listed as such under the http://www.wildlifeauctions.co.za/game.php section of the Site?
"Fees" means the commission or charges which Wildlife Auction charge for the services provided herein as set out in Clause 12;
“Game” means the wild animals that may be listed for sale on the Site (in the categories provided for) and of which a list is published under the http://www.wildlifeauctions.co.za section of the Site.
“Game Dealer” means a person, firm or company whose business it is to trade in game and can be a Purchaser or a Seller.
“Hunting packages” means the right to hunt certain game grouped together in a package, for a certain price (for the total lot) during a specified period on the Terms and Conditions stipulated by the Seller thereof.
"Indemnified Party" means each of Wildlife Auctions , its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Wildlife Auctions , and each of their respective officers, employees, contractors, consultants and agents from time to time;
"Intellectual Property Rights" means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighboring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), registered and unregistered trademarks, registered and unregistered designs, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
"Item" means a single wild animal or hunting package as part of a “lot” which a Seller has listed for sale by auction or conventional selling to which the procedures as in Clauses 7 or 8 and/or 9 (as applicable) apply and “Items” refers all the animals or hunting packages of which a “lot” is made up with;
"Listing" means the offering for sale, placing of or creating of any type of auction or sale on the Site;
“Lot” means an item or various similar items grouped together to be sold in one transaction.
"Non Auction Item" means Products which a Seller lists to be sold through conventional selling.
“Owner of Site” means Wildlife Auctions.
“Products” means game and hunting packages being the only items that may currently be listed for sale on the Site.
"Purchaser" means a person, firm or company who makes a bid for, and/or purchases, any Products offered for sale on the Site;
“Reserve Price” means a minimum price per item for game and per lot for hunting packages that a Seller will accept for the Products that he has listed to be sold by means of auction.
"Seller" means a person, firm or company who lists for sale, or sells product or services on the Site;
“Selling” means Selling of Products through the Site in one of three ways being:
“Conventional selling” means Products listed for sale with a specified asking price and which a Purchaser can attempt to buy at any time by making an offer equal to the asking price for the particular lot and which the Seller then may accept or not, to which the procedures as in Clause 7 apply.
"Fixed Period Auction" means a life online auction of Products to be bidden on for a specific period (minimum 3 days) of time determined by the Seller as more fully set out in Clause 8.
"Life Interactive Auction" means an online auction of Products held on a specific day at a specific time once a month and during which lots are presented for life online bidding for a predetermined period as more fully set out in Clause 8.
"Services" means the online selling services provided by Wildlife Auctions by which a person, firm or company may sell or buy Products on the Site;
"Site" means the Internet web Site by which Wildlife Auctions offers the Services from time to time, and includes various individual websites hosted at or via the Site, any individual intranet and/or extranet hosted via the Site, and any part thereof.
“Site member” means a person, firm or entity which register with the purpose of obtaining information only from the Site and/or using the Site otherwise than for buying or selling.
“Successful transaction” means the acceptance by the Seller (electronically or otherwise) of the highest bid of a bidder in the case of an auction or an offer of a Purchaser in the case of conventional selling
“Supporting services” means the capturing and transfer of game, obtaining permits, and certificate and in transit insurance for game or any of the aforementioned as more fully set out in Clause 11 hereunder.
"Trade" or "Trading" means any form of listing on the Site, including but not limited to non auction and auction items.
"Transaction” means any successful sale conducted via the Site.
“Transaction Price” means the price for which any lot is eventually sold whether it includes the costs of supporting services or not.
"user" or "users" for the purposes of Clause 19 and 21.2 means any Purchaser or Seller or Site member;
"VAT" means any value added tax, or other consumption tax;
"we", "us", "our", "ourselves" and "Wildlife Auctions” are used interchangeably in this agreement and all mean Wildlife Auctions;
"Wildlife Auctions" means a Private Company with Limited Liability duly incorporated in terms of the Company Laws of South Africa.
"you" or "your" means you, whether as a Purchaser and/or you as a Seller and you as a site member as the case requires, or otherwise, and your successors and permitted assigns; and
"your information" includes all information you provide to us in using the Site, including, without limitation, as applicable:
(a) you and your business’s (if applicable) registration details, including name and address;
(b) any and all feedback, comments and rating scores made by you and about you pursuant to the rating facility;
(c) the information about any Products that you post on the Site;
(d) the information that we learn about you as a result of your use of the Site, including without limitation, through the Products you post on the Site if you are a Seller, and the Products you bid for and/or acquire if you are a Purchaser.
3.1 Once you accepted these Terms and Conditions you may apply online to become a registered user. We will decide whether to approve your application to become a user or not, within our own sole and unfettered discretion. We will and within a reasonable period after approval of your application, provide you with a username and password in order to login for access to the services offered via the Site. For us to consider your application to become a user, you must supply all the required information for the specific type’s of User (as set out hereunder) that you want to registered for.
3.2 You can register as a Purchaser, Seller or Site member. A Purchaser can also register as a Seller and vice versa. If you are a game dealer you must also register as such be it as a Seller, a Purchaser or both so that your status as such can be shown with any products that you list for sale on the Site.
3.3 If you register as a Seller or a Purchaser, you will be required to provide information on your business or entity you trade with first and then create a user and link to your business entity. A business can have two registered users linked to it.
3.4 We will provide you with services once you have successfully registered.
3.5 You warrant that all details provided by you on registration or at any time are true and correct, and you undertake to inform us of any changes therein.
3.6 You agree to accept liability and responsibility for all activities that occur and transactions that are entered into using your username and password; and undertake:
· To accept responsibility for maintaining the confidentiality of the username and password issued to you;
· To logout at the end of each protected session, and
· To restrict access to your workstation during logged-in sessions; and
· To notify Wildlife Auctions immediately upon the breach of the confidentiality of your username and password.
3.7 Upon reasonable belief by us that your username and/or password have been compromised, we may require you to change your password, or we may suspend your access or use of the Site pending remedial action.
4 AVAILABILITY OF SITE AND SERVICES
4.1 You agree to provide all necessary equipment, network connections and software to access this Site.
4.2 Wildlife Auctions aims to offer you the best Products possible, but makes no warranty that access to and use of the Site, contents, and any Products offered thereby will meet your requirements, and cannot guarantee that the service will be fault-free.
4.3 If you experience a faulty service, please report it to us. In such event, Wildlife Auctions will attempt to remedy the fault as soon as it reasonably can.
4.4 Your access to the Wildlife Auctions Site may from time to time be restricted to allow for repairs, maintenance and the introduction of new Products. In such event, Wildlife Auctions will attempt to restore service as soon as it reasonably can.
4.5 We reserve the right in our sole discretion to add to, amend or withdraw from availability, any or all of the Products without notice. Provision of existing Products shall be governed by the Terms and Conditions of this document.
5 TRADING ON THIS SITE
5.1 Subject to the Terms and Conditions of this agreement, you are provided a revocable limited personal non-exclusive non-transferable non-commercial license to access and use the Site and the content for the duration of this agreement. Under no circumstances are you entitled to sub-license access to and/or use of the Site or the content.
5.2 If you disobey these Terms and Conditions, then this agreement will automatically terminate, upon which you may not access, use, copy, transmit, distribute, or communicate at or via the Site or the content.
5.3 As we are not involved in sale and purchase of any Products on the Site, save for providing a platform for the sale of Products, and as described in 10.1, you hereby agree and acknowledge that we:
5.3.1 are not, nor do we represent or hold ourselves out as the owner of any Products offered for sale and/or sold on the Site;
5.3.2 have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 15.5.
5.3.3 have absolutely no control over whether, nor do we represent or hold out that, the Products offered for sale on the Site are legally able to be sold.
5.3.4 cannot guarantee, nor do we represent or hold out that the descriptions of any Products on the Site will be accurate;
5.3.5 cannot and do not control, nor do we represent or hold out that a Purchaser will pay for the Products that he/she has successfully bid for in an auction on the Site;
5.3.6 cannot and do not control, nor do we represent or hold out that any Products will be delivered to a respective Purchaser by the respective Seller;
5.3.7 cannot and do not represent nor hold out that we can confirm that each Purchaser and Seller is who they claim to be;
5.3.8 will not become involved in any dispute between any Purchaser and Seller arising out of, or in connection with, the completion of any sale and purchase of any Products on the Site, or with this agreement, whatsoever.
5.4 As a user you are given the right to sell items on the Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Wildlife Auctions.
5.5 We reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
6.1 When listing Products you must clearly indicate whether you want the Products to be sold by means of conventional selling, life interactive auction or specific period auction. When you list game you must indicate whether you are prepared to provide any of the supporting services and whether the costs of such services will be included in the price that you will eventually accept for the particular lot.
6.2 Should you include transport of game as part of the transaction price but you are not prepared to include delivery anywhere in South Africa, you must indicate a maximum radius area, measured from the place where you are holding the game, in which the asking or transaction price will include delivery. You must then further indicate whether you are prepared should it be necessary to deliver the game to a Purchaser outside the maximum radius area, at the tariffs published on http://www.wildlifeauctions.co.za/services.php?page=transportation-services part of the Site as from time to time.
6.3 If you do not include some of the supporting services as part of the transaction for the game that you wish to sell you must indicate which of the services you will be able to perform should the Purchaser require same and at what costs.
6.4 If your price as Seller includes capturing, transport, permit and insurance arrangements or any of these, then you are obligated to perform such actions within a reasonable time after the transaction, unless you agree otherwise with the Purchaser.
6.5 If you list exotic animals, all legally required or applicable certificates and permits pertaining to these animals must be scanned and imported into the Site so that it can be included in the lot information published on the particular animal(s).
6.6 Please note that you will be required to register your Products in lots to be sold in one individual transaction and all selling of game will be per piece to take the lot.
6.7 In order to create a fair and level playing field, and provide an enjoyable and safe experience for Purchasers
, and Sellers you may not manipulate or abuse the listing service to get items featured more regularly, prominently or avoid any obligations or spam the Site with multiple Products. Without derogating from the generality of the above mentioned the following is strictly prohibited.
Misrepresentation of items including:
184.108.40.206 Creating titles and descriptions that do not accurately describe the item for sale.
220.127.116.11 Inappropriate use of names or other words for the purpose of attracting Purchasers.
6.7.2 Anything that attempts to circumvent paying Wildlife Auctions fees (e.g. selling a list of prices, selling a catalogue, cross sell or up selling). This includes listing items with nominal amounts in order to circumvent paying Wildlife Auctions fees or to get contact details from the Purchaser. Nominal amounts include any amount beneath R 400 or any value that Wildlife Auctions deems to be nominal, or not a bone fide asking price for the particular item.
6.7.3 Listing an item that requires an additional purchase, swop or trade in.
6.7.4 Offer lay-by's as a payment option to Purchasers.
6.7.5 Listing of items where the Seller is not physically in possession of the goods for sale (for example listing an item as a "pre-order").
6.7.6 Listing of items soliciting entries for a competition or charitable donations.
6.7.7 Listing of items in inappropriate categories.
6.7.8 An offer to give away Products for free to increase positive ratings.
6.7.9 Bidding on your own items (including having friends, family or acquaintances bid on your items in an attempt to artificially inflate the price).
6.7.10 Including transport costs higher than those published on the http://www.wildlifeauctions.co.za/services.php?page=transportation-services part of the Site as from time to time in item listings.
6.7.11 Use of profanity or offensive language. Keyword spamming or spamming categories with multiple items (with the same or similar items or repeated multiple relisting with short durations.).
6.7.12 Listing items that fit into the following categories:
18.104.22.168 Stolen Products.
22.214.171.124 Legally imported Products.
126.96.36.199 Services that could by nature be deemed to be harmful or dangerous, to persons or property either directly or indirectly;
188.8.131.52 Products of which the sale or export would be in contravention of any law for whatever reason;
6.7.13 Listing any Products not provided for in this agreement or stated on the Site.
6.7.14 Listing that provides for external links (i.e. Links other than those on the www.wildlifeauctions.co.za domain).
6.7.15 Listing contact details of any sort (including telephone numbers and email addresses) in the prescription, this includes advertising your business or services even if no contact details are included.
6.8 Wildlife Auctions may at its sole discretion remove any Products from the Site for any reason whatsoever.
6.9 Users found abusing the system will be given a warning first, thereafter, if this activity continues, the Seller will be charged a listing fee of R100 per listing or he will be prevented from further access and use of the Site. This is entirely at the discretion of Wildlife Auctions and will be monitored and decided on a case by case basis.
7 CONVENTIONAL SELLING
7.1 This type of selling provide for the traditional way of selling items on the Site. You can list Products with an asking price which you require for the particular lot. The Purchaser can then attempt to buy the lot at any time by making an online offer equal to the asking price for the lot. You as the Seller will then be informed by us of the offer and will be requested to accept same or not. Should you accept the Purchaser’s offer the transaction will be concluded.
7.2 Every lot that a Purchaser makes an offer on as set out in Clause 7.1 above will be moved into his auction basket. You as Purchaser will then be required to accept these Terms and Conditions which will include acceptance of any Terms and Conditions of the particular Sellers of the lots, where after the various Sellers of the lots will be notified of the offer(s) you made thereon as set out in Clause 7.1 above.
7.3 Once the transaction has been concluded the procedure for completion of the sale and purchase as set out in Clause 10 underneath, will apply.
7.4 All buying and selling of game will be per piece to take the lot and per lot for hunting packages.
7.5 If the offer of the Purchaser is a accepted by the Seller, the Purchaser must complete the purchase of the Products, save in exceptional circumstances such as the following:
7.5.1 the Purchaser is unable to authenticate the identity of the Seller; or
7.5.2 the Seller fails to deliver the Products (or fails to procure delivery thereof, as agreed) to the Purchaser, by the date agreed by the Seller and Purchaser.
7.6 If a Seller accepted the offer of a Purchaser it must complete its sale of the Products to that Purchaser save in exceptional circumstances such as the following:
7.6.1 the Purchaser fails to complete the purchase of the Products (for example, the Purchaser fails to pay for the Products); or
7.6.2 the Seller is unable to authenticate the identity of the Purchaser.
7.7 Wildlife Auctions accepts no liability for the capturing and/or transporting of game neither for obtaining any legally required certificates or permits that might be needed to purchase and/or to transport these animals nor to arrange in transit insurance of the animals bought.
7.8 All assets are sold to the Purchaser “Voetstoots” and Wildlife Auctions shall not be held liable for any defects or disabilities later or otherwise that might exist with or without our knowledge as is set out more fully in Clause 21 underneath.
8 TYPES OF AUCTIONS
The Site allows for Purchasers to participate in an online auction through online bidding. Two types of auctions are provided for being:
8.1 Life Interactive auctions
8.1.1 This type of auction provides for selling of game once a month on the first Wednesday of every month for game and on the second Wednesday of the month for the hunting packages on a life interactive auction with real time bidding. The auction will be held for the lots that were listed accordingly and you need to be online to partake in the life bidding on the lots on the day and at the specific time when the auction is held.
8.1.2 Each lot will be awarded a specific time frame of 5 to 10 minutes on the day of the auction during which the lot will be open for bidding. You will be able to view the bidding online as it progresses and you can place bids at any time during the bidding time frame. At the end of the allocated time frame, the highest bidder will be the successful bidder;
8.1.3 Every lot that a Purchaser has won the bid on as set out in Clause 8.1.2 above, will be placed into his auction basket. The Purchaser will then be required to accept these Terms and Conditions which will include acceptance of any Terms and Conditions of the particular Sellers of the lots, where after the various Sellers of the lots will be notified of the offer(s) you made on the lot(s) as set out in Clause 7.1 above. The Seller(s) will be requested to accept the bid(s) or not. Should a Seller accept the Purchaser’s bid on a particular lot the transaction is concluded. Once the transaction has been concluded the procedure for completion of the sale and purchase as set out in Clause 10 underneath, will apply.
8.1.4 Items must be listed at least 48 hours before commencement of the life interactive auctions and may not be withdrawn from the auction later than 24 hours before the scheduled time is for commencement of the auction.
8.1.5 The monthly auctions as set out in Clause 8.1.1 above will commence at 19H00 in the evenings unless otherwise published on the Site. ?
8.1.6 Items may be listed with or without a reserve price.
8.2 Specific Period Auctions;
8.2.1 This type of auction provides for online selling of items on an anytime basis during a bidding period minimum 3 days that the Seller of the item has determined and indicated in the listing.
8.2.2 Bidding can be done online during the predetermined bidding period. You will be able to view the bidding as it progress and can place bids at any time during the bidding period.
8.2.3 The highest bidder at closure of the bidding period will be the successful bidder;
184.108.40.206 Every lot that a Purchaser has won the bid on as set out in Clause 8.2.3 above, will be placed into his auction basket. The Purchaser will then be required to accept these Terms and Conditions which will include acceptance of any Terms and Conditions of the particular Sellers of the lots, where after the various Sellers of the lots will be notified of the offer(s) you made on the lot(s) as set out in Clause 7.1 above. The Seller(s) will be requested to accept the bid(s) or not. Should a Seller accept the Purchaser’s bid on a particular lot the transaction is concluded. Once the transaction has been concluded the procedure for completion of the sale and purchase as set out in Clause 10 underneath, will apply.
8.2.4 Items may be listed with or without a reserve price.
9 RULES FOR CONDUCT OF AN AUCTION
The following rules will apply to both types of auctions:
9.1 All buying and selling of Products will be per piece to take the lot;
9.2 no bids below the stated reserve price (if there is one) will be accepted;
9.3 if the highest bid does not reach the reserve price (if there is one), then no bid will be regarded as having been successful;
9.4 all bids are final and not retractable by the Purchaser and a Purchaser shall be deemed to be the successful bidder in the following order:
9.4.1 the Purchaser who placed the highest bid;
9.4.2 the Purchaser who placed the bid for the greatest quantity of Products at the highest price;
9.4.3 the first Purchaser who placed the bid for the greatest quantity of Products at the highest price;
9.5 If the highest bid of a Purchaser is accepted by the Seller, the Purchaser must complete the purchase of the Products, save in exceptional circumstances such as the following:
9.5.1 the description of the Products is materially altered following the commencement of bidding; or
9.5.2 the Purchaser is unable to authenticate the identity of the Seller; or
9.5.3 the Seller fails to deliver the Products (or fails to procure delivery thereof, as agreed) to the Purchaser, by the date agreed by the Seller and Purchaser.
9.6 Bid deletion is not permitted without a valid reason or without the permission of Wildlife Auctions.
9.7 if a Seller receives more than one bid above its stated reserve price, it must accept the highest bid and complete its sale of the Products to that Purchaser save in exceptional circumstances such as the following:
9.7.1 the Purchaser fails to complete the purchase of the Products (for example, the Purchaser fails to pay for the Products); or
9.7.2 the Seller is unable to authenticate the identity of the Purchaser.
9.8 Once a bid has been accepted or deemed to be accepted on the auction, it cannot be withdrawn;
9.9 Wildlife Auctions accepts no liability for the capturing and/or transporting of game neither for obtaining any legally required permits that might be needed to purchase and/or to transport these animals nor to arrange in transit insurance of the animals bought at the auctions.
9.10 All assets are sold to the Purchaser “Voetstoots” and Wildlife Auctions shall not be held liable for any defects or disabilities later or otherwise that might exist with or without the knowledge of the company as is set out more fully in Clause 21 underneath.
9.11 The auction shall take place under the exclusive control of Wildlife Auctions. Wildlife Auctions reserve the right, in its sole discretion, to refuse the bid of any person, to regulate the bidding, to indicate the highest bidder and to vary the order of the sale at anytime without giving reasons therefore. If Wildlife Auctions suspect that a bidder has not made a bone fide bid, it may refuse to accept the bid of such bidder. On refusal of a bid under such circumstances the lot may immediately be re-auctioned or the bid of the runner up be accepted.
10 COMPLETION OF SALE AND PURCHASE OF PRODUCTS
10.1 We will notify the Seller of the highest bids received on his lots at the close of the auction or in the event of a conventional sale once an offer by a Purchaser have been received by automated email or sms. We will request the Seller to confirm acceptance thereof or not which the Seller must do within 48 hours after we have send this notice by means of electronic reply to that effect to us. We will in turn notify the highest bidder or Purchaser in the event of a conventional sale of the Seller’s reply by automated email or sms. Should the Seller accept a bid or an offer, we will send to the Seller and the successful Purchaser a Confirmation Notice.
10.2 The Confirmation Notice that we will be sending to the Seller will be in the form of an Invoice and will contain the following information to allow the Seller to execute the transaction:
10.2.1 Name of Purchaser;
10.2.2 Details of Purchaser;
10.2.3 Lot numbers bought (specie (if applicable), category, quantity, price per unit, total price);
10.2.4 Photo prints, certificates and permits of game (in the case of it being exotic animals);
10.2.5 Terms and Conditions of sale (which will need to be accepted again by the Seller);
10.2.6 For game traded whether the Seller will perform any of the following and whether the transaction price includes the costs thereof:
· Capturing of game;
· Transport of game;
· Arranging transport insurance;
· Obtaining game permits and certificates.
10.2.7 Estimate date of delivery if Seller is to deliver the game or the period for the hunt of a hunting package;
10.2.8 Delivery address;
10.4 The Confirmation Notice to the Purchaser will be in the form of an Invoice and will contain the following details for the Purchaser to execute the transaction:
10.4.1 Name of Seller;
10.4.2 Details of Seller;
10.4.3 Details of game purchased (lot, specie (if applicable), quantity, price per unit, total price);
10.4.4 Photo prints, certificates and permits of animals (in the case of exotic animals);
10.4.5 Terms and Conditions of the Seller (apart from what is set out in this agreement) for the purchase (which will need to be accepted again by the Purchaser);
10.4.6 Confirmation of the delivery address and details;
10.4.7 Confirmation of expected delivery date if the Seller is to deliver the Products;
10.5 Following receipt of the Confirmation Notice the Seller and the successful Purchaser will be solely responsible for the following matters, including, but not limited to:
10.5.1 implementation of the sale and purchase of the Products, including reaching agreement on when risk in relation to the Products is passed onto the Purchaser, and when title in the Products will be delivered to the Purchaser;
10.5.2 ensuring they comply with the laws applicable in the jurisdiction in which the Purchaser and Seller are located, with respect to completion of the sale and purchase of the Products (including without limitation, any formalities required to be undertaken in relation to that sale and purchase) and, if the Purchaser and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Purchaser and Seller will be Limpopo, the Republic of South Africa;
10.5.3 Arranging for payment of the Products;
10.5.4 Arranging for the capturing, transport, any insurance (if any) or legally required permits for game;
10.5.5 As applicable, agreeing a date for delivery of the Products and certificates or permits if applicable;
10.5.6 Payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the Products.
10.8 As we are not involved in the sale and purchase of any Products other than providing a platform for an auction and as described in Clause 10.1 we will never accept returns of any Products purchased on the Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, Products being of a defective disabled nature, infected, not fit for a particular purpose, or non-delivery of any Products, to the Seller, at whose sole discretion, the Products may be replaced or the price refunded.
10.9 Notwithstanding the Confirmation Notice send to the Purchaser as described in Clause 10.4, the Seller will be obliged to provide the Purchaser with a proper tax or other invoice required by any applicable taxation or other laws of the Republic of South Africa.
11 USEFUL INFORMATION
11.1 We provide information on supporting services in order to assist the Purchaser and/or the Seller of game, who is not able to perform or arrange these services themselves. The information is provided in the form of advertisements by third parties that provide these services or us publishing the details of persons or entities that can provide these services under http://www.wildlifeauctions.co.za/game_info.php part of this Site. These services include:
11.1.1 Game capturing and transporting;
11.1.2 in transit insurance of game on an all risk basis;
11.1.3 The issuing of certificates by a qualified veterinarian as may be required or the obtaining of permits from Government apartments or otherwise for the transporting and/or keeping for any particular game or as may be otherwise required by law.
11.2 Please take note that we do not provide these services our self or are involved in the provision there of in any manner. Subsequently we do not give any warranty or make any representation in relation thereto or the persons and business that advertise these services on the Site or that we publish the details of and subsequently does not accept any liability or obligation for any loss or damage of whatever nature suffered by you as a result making use of the services. To make use of these services or not is totally up to you.
11.3 We also provide useful information on the Site pertaining to the Wildlife industry in South Africa in general to assist you when trading in game. You may for example want to refer to the useful information section of the Site to determine whether you qualify to buy the particular game in terms of the size of your Property. Equally we do not give any warranty or make any representations in relation to the information be it to the correctness thereof or otherwise and it is presented on the basis that we do not accept any liability or obligation for any loss or damage suffered by you as a result of making use thereof.
11.4 The information provided as set out herein is explicitly provided on the conditions stipulated in Clauses 21 and 22 underneath.
12 FEES AND PAYMENT
12.1 Registering, bidding on, buying, browsing, searching and listing items at any time on the Site do not attract a fee.
12.2 Selling successfully on Wildlife Auctions will incur success fee charges payable to Wildlife Auctions. Fees accordingly only apply to Sellers. Selling successfully for purposes of incurring a success fee means a successful transaction as defined in Clause 2 and 10.1 above in the event of:
12.3 The current Fee payable to us and applicable to all successful transaction conducted via the Site is 2, 5 % for game sold and 5% for hunting packages sold of the transaction price (the amount for which the Item(s) were sold) plus VAT.
12.4 We may choose in our sole discretion to change our fees from time to time be it for promotional events or otherwise. We will give you notice by posting details on the Site and the changes will be effective from the date specified in such notice.
12.5 You will be invoiced for every successful sale (transaction) concluded through the Site. An Electronic Tax Invoice/Statement will be emailed to you after every transaction. The fees shall be payable in 14 days from date of invoice or transaction whichever occurs first and can only be paid by Electronic Fund Transfer or deposits.
12.6 You can view the outstanding amount due to us at any time by accessing your Wildlife Auctions account in the Member's area on the Site.
12.7 Should you fail to pay any amount due to us on due date as per the relevant invoice, we will be entitled to levy interest on any arrear amount at 2% above the ABSA Bank Limited prime interest rate from time to time and you will also be held liable for any legal fees on attorney and own client scale including collection commissions and tracing costs incurred by us to recover this money from you. In the circumstances we will be entitled to suspend or disable your access and use of the Site and we reserve the right to levy a re-activation fee of R200.00 after you have paid the arrear amount and wish to use the services again.
12.8 Unless otherwise stated, all fees are quoted in South African Rands and are exclusive of VAT.
13 CREDITS AND REFUNDS
13.1 Credits are applicable for Success Fees only and may be issued at the sole discretion of Wildlife Auctions in the following cases:
· The Purchaser has not responded to your attempts to contact him during a period of 7 days after the end of the auction or normal sale.
· The Purchaser does not fulfill the deal (this includes the Purchaser backing out or not paying, or claiming that the terms of sale are unacceptable).
· The Purchaser’s payment fails (this includes the Purchaser’s cheque bouncing or the Purchaser stopping payment going through for some reason).
· The Purchaser returns the item and you refund the money.
· One or more of the Purchasers back out in a multiple quantity auction or normal sale.
13.2 If your credit request is successful, the credit will be set of against any outstanding amount that you owe Wildlife Auctions and if no amount is outstanding the credit will be paid to you within 14 days of your credit request being approved.
13.3 In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
14.1 You agree and warrant to each Seller and separately to us that:
14.2 your information:
14.2.1 is accurate and not false, misleading, deceptive or fraudulent;
14.2.2 does not breach any Intellectual Property Rights of a third party;
14.2.3 is made in compliance with all applicable laws, government regulations or guidelines;
14.2.4 is not forged, threatening or offensive or otherwise constitutes harassment;
14.2.5 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
14.2.6 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
14.2.7 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
14.3 you have the legal capacity to purchase any Products that you bid for, or buy and, will not otherwise be breaching any law in purchasing those Products;
14.4 you will not bid for or buy any Products on the Site unless you are able, and have sufficient, available capacity to pay for those Products;
14.5 the purchase of any Products and/or services on the Site is absolutely at your own risk;
14.6 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to the Products, in all of the Seller’s dealings in connection with the Products that you may purchase from the Seller through the Site.
15.1 Subject to this Clause 15 and Clause 17, you may post the Products that you wish to offer for sale on the Site.
15.2 You agree that we or our nominated agent may undertake any necessary credit checks on you where applicable.
15.3 In addition to any other rights we may have under this agreement, if you fail to comply with the credit check as in clause 15.2 we may prevent you from participating in any auction or conventional selling on the Site, or from using the services.
15.4 If you do list Products under the Site, you agree and warrant to the Purchaser of those Products and separately to us that:
15.4.1 your information:
15.4.2 is accurate and not false, misleading, deceptive or fraudulent;
15.4.3 does not breach any Intellectual Property Rights of a third party;
15.4.4 is made in compliance with all applicable laws, government regulations or guidelines;
15.4.5 is not forged, threatening or offensive or otherwise constitutes harassment;
15.4.6 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
15.4.7 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
15.4.8 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
15.4.9 does not contain child pornography, bestiality or any other obscene or offensive material;
15.4.10 you are the legal owner of the Products you are offering for sale on the Site and you have the legal capacity to conclude the sale and to pass the title in the Products to the successful Purchaser;
15.4.11 you will not hyperlink to or include descriptions of Products that you are not offering for sale on the Site;
15.4.12 you will adhere to the provision regulating the Listing of Products as set out in Clause 6 above.
15.5 In addition to this Clause 15.4, you represent and warrant to us and separately to the successful Purchaser that:
15.5.1 the Products you offer for sale and sell, on the Site:
220.127.116.11 are what you present them to be having regard to matters including, without limitation, the description of those Products and their price; and
18.104.22.168 correspond with the description that you have posted on the Site; and
22.214.171.124 are free of defect, disease or disability; and
126.96.36.199 are free of any charge or encumbrance such that the Purchaser will be able to enjoy undisturbed possession of those Products;
15.6 the Products and/or services you offer for sale, and sell on the Site:
15.6.1 will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa;
15.6.2 is legally able to be offered for sale, and sold on the Site, and otherwise and that the offer and sale of those Products is not in contravention of any law.
15.7 You may set a reserve price for the Products, but such price, must not be set out in the information provided about the Products to which that reserve price, applies or otherwise disclosed to any person at any time.
15.8 You must provide the following Terms and Conditions for sale of those Products that you listed to be sold on the Site:
15.8.1 as applicable, the minimum bid increments;
15.8.2 Whether you’re asking or reserve price for game includes any of the following:
· capturing, transport, transport insurance and/or game permits;
15.8.3 date and time of opening, and closing, of the fixed period auction;
15.8.4 payment terms;
15.8.5 terms of delivery;
15.8.6 returns policy;
15.8.7 taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Purchaser; and
15.8.8 unless stated to the contrary, any value will be construed to refer to South African Rands;
15.8.9 that both normal and auction selling prices will be considered to include VAT; and
15.9 You agree that such Terms and Conditions will include any matters prescribed by us under this agreement including the matters set out in Clause 10.7.2, 10.7.4 and 10.9.
16 RATINGS, COMMENTS AND FEEDBACK
16.1 It is a condition of using the services that you agree that feedback, comments and ratings scores may be provided about you as set in Clause 16.2 underneath. If you do not agree to this condition, then please do not accept these Terms and Conditions.
16.2 If you believe a statement made about you pursuant to Clause 16.1 is untrue, misleading or deceptive or defamatory (" Questionable Statement "), please contact us at wildlifeauctions.co.za and we will conduct an investigation. As a result of an investigation, we may (although we are not obliged to) remove the Questionable Statement. Whether or not we conduct an investigation, and irrespective of whether we remove the Questionable Statement, and even if we do not conduct an investigation, because you do not contact us or for any other reason, you hereby release us and waive any rights you may have had against us in relation to the Questionable Statement or any statement made about you pursuant to this rating facility and you agree that you will not make any claims or demands, or take any action, issue or maintain any proceedings or suits against us in relation to the Questionable Statement or any statement made about you pursuant to this rating facility or otherwise, in connection with the Site, or your use of the Site.
16.3 You are only permitted to rate a user who is a Seller if you have interacted with that Seller, and if you were the successful bidder in an auction or conventional sale and completed the purchase of those Products with that Seller (“Rating Criteria”). You may not provide a rating for a Seller outside the Rating Criteria.
16.4 You are only permitted to rate a user who is a Purchaser if you have interacted with that Purchaser, and where that Purchaser was the successful bidder/Purchaser in your auction or conventional sale and with whom you have completed the sale of those Products (“Rating Criteria”). You may not provide a rating for a Purchaser outside the Rating Criteria.
16.5 Comments and ratings cannot be edited once submitted. Therefore please be cautious when adding your comment, as you are unable to edit it once you have submitted it. You could also be held liable for damage(s) to the Purchaser/Seller if legal proceedings are taken against you for your comment.
16.6 You may not abuse the rating facility. Abuse of the facility includes using your friends to lower the rating of another member or raise your own rating. Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the facility and is not allowed.
16.7 We would like to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances. Wildlife Auctions reserves the right to delete any rating at its sole discretion upon an investigation into the rating (although we are not obliged to do so). If you feel that you have received an unfair rating or you have evidence of any abuse of the rating facility, please contact us on email@example.com and we will investigate the matter. Please note that this investigation may take several weeks.
16.8 Circumstances where Wildlife Auctions may delete rating include, but are not limited to:
· If the rating contains any links to other pages or images or contains information not related to interacting with the user on Wildlife Auctions in accordance with the Rating Criteria;
· If the rating contains adult material or profane, abusive, racially vilifying, discriminatory or threatening language;
· If we are required by law to do so.
16.9 In particular, if your percentage positive ratings drop below 90%, you risk having your verified user status revoked.
17 WILDLIFE AUCTIONS DISCRETION
17.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any Products offered for sale by you, or a bid placed by you, if:
17.1.1 that information and/or those Products, as applicable;
17.1.2 may create any liability for us whatsoever;
17.1.3 in relation to the Products set out in Clause 15.4, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those Products and/or services;
17.1.4 in relation to a bid, we reasonably believe that bid is not a legitimate or commercially realistic bid for the Products and/or services;
17.1.5 it is otherwise in our commercial interests to do so;
17.1.6 we are required by law to do so;
17.1.7 you breach any provision of this Agreement; or
17.1.8 for any other reason whatsoever and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause 17, are hereby waived.
18 PRIVACY, ACCESS TO AND USE OF INFORMATION
18.1 Wildlife Auctions receives various types of information (“your Information”) about you when you access the Site. Wildlife Auctions makes every reasonable effort to protect Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. You are urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to your systems. Accordingly Wildlife Auctions takes no responsibility, and assumes no liability for any Information posted by you or any third party to the Site. To ensure acquaintance with and awareness of the privacy measures and polices of Wildlife Auctions, You are urged to note the underlying privacy clauses incorporated in this agreement.
18.2 Casual Surfing:
18.2.1 You may visit the Site without providing any personal Information. The Site servers will in such instances collect the IP address of your computer, but not any other personally-identifying Information.
18.2.2 This Information is aggregated to measure the number of visits, average time spent at the Site, pages viewed, etc. Wildlife Auctions uses this Information to measure use of the Site, to market the Site as a commercial service, and to improve the Site generally.
18.2.3 Wildlife Auctions assumes no obligation to protect this Information, and may copy, distribute or otherwise use such Information without limitation.
18.3 Unsolicited Information:
18.3.1 If You post Information to the Site without being asked for it, you grant a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to ourselves to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
18.3.2 You grant to ourselves the right to use your name in connection with such the information, if we choose to do so.
18.3.3 Wildlife Auctions reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. Accordingly Wildlife Auctions takes no responsibility, and assumes no liability for any Information posted by you or any third party to the Site.
18.4 Solicited Information:
18.4.1 If you require any Wildlife Auctions Products, you must apply for Registration at the Site, and supply personal Information to process administrative functions and transactions. You may choose not to provide certain personal Information, but that may limit the services or Products that Wildlife Auctions is able to provide to you.
18.4.2 Wildlife Auctions provides its Products in conjunction with its affiliates and subsidiaries. Your personal Information that is required by affiliates and subsidiaries to give effect to transactions that you choose to enter into is shared with those entities. Accordingly Wildlife Auctions takes no responsibility, and assumes no liability for any Information posted by you or any third party to the Site.
18.5 Promotional Information:
18.5.1 Wildlife Auctions aspires to provide industry-standard service to its customers, which necessitate Wildlife Auctions providing information to you regarding new Products, industry developments and services or special offers. In each instance, you are provided an opportunity to opt-out of such Information circulars.
18.6 Business Transfers:
18.6.1 Wildlife Auctions may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
18.7 Lawful Purposes:
18.7.1 When a court-sanctioned subpoena, or similar instrument, requiring the delivery of personal customer Information is received by Wildlife Auctions, it has the legal duty to abide by that demand, if withholding such information will result in any other claim by a person to whom we have to pay compensation, or if we consider it necessary or desirable to make disclosures to reserve or enforce our interest or rights.
18.8.1 Wildlife Auctions may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Wildlife Auctions will inform you how the Information gathered will be used, and will provide you with the opportunity to opt-out from such surveys.
19 COMPLIANCE WITH THESE TERMS AND CONDITIONS
19.1 You agree to promptly inform us of any breach by you of the terms of this agreement and of any conduct of another user that you think may be a breach of this agreement, whether the conduct has ceased, is continuing, or may occur in the future.
19.2 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this agreement. If we do, then we will respect your privacy, as described in Clause 18 above.
19.3 If we reasonably believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
19.4 If you:
19.4.1 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other website; or
19.4.2 have an overdue payment with us; or
19.4.3 otherwise breach this agreement,
19.5 we may, without limitation to our further remedies and rights, and in our absolute discretion:
19.5.1 Suspend or cancel your registration, withhold from you, your use of any or all of the Services, and access to your information;
19.5.2 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
19.5.3 restore the services if and when you can demonstrate clear and complete adherence to the terms of this agreement on a permanent and consistent basis; and
19.5.4 terminate the agreement that we have entered into with you, and cancel our obligations to provide the services, if we are not satisfied that you will clearly and completely adhere to the terms of this agreement, on a permanent and consistent basis, if the services are restored to you.
20 COMMERCIAL USES OF AND RELYING UPON WILDLIFE AUCTIONS 'S SERVICES
20.1 We cannot and do not take any responsibility for any commercial enterprises you may conduct as the proprietor of any Products that you have chosen to sell or buy in reliance on the Site, our computer systems, network resources or the services, Specifically:
20.1.1 if you choose to rely upon the Site, our computer systems, network resources or the services in any manner to support a business or other profit-making activity, you do so at your own risk absolutely; and
20.1.2 Advertising, and electronic registration forms are all examples of commercial uses of the services where you must bear the risk absolutely.
20.2 The services on the Site are provided to you personally and you must never resell, trade, or barter your rights to use the services to another person or persons nor permit any third party to use the services.
20.3 Whether you are using the services for private or commercial purposes, or both, the quality and continuity of our services depends on many factors over which we have no control and cannot seek to control. While we will always Endeavour to maintain ongoing access, disruptions and failures of the Site, any or all computer systems, network resources and the services, are probable in such an operating environment. Recognising this, you agree that:
20.3.1 we cannot and do not guarantee, warrant or otherwise imply that:
20.3.2 you will receive constant and uninterrupted access to the Site or the services; or
20.3.3 you will receive unlimited access to all of the content available on the Site at any given time;
20.3.4 we cannot always ensure that the Site, its computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.
21 DISCLAIMER AND LIMITATION OF LIABILITY
21.1 You may not access the Site under circumstances where the access to or use of the Site or the content can reasonably be expected to result in monetary damage or loss, mental or physical injury, or endanger to or loss of life.
21.2 Any such access to or use of the Site or the content in conflict with the above clause will be entirely at your own risk, and you agree to hold Wildlife Auctions harmless from any claims or losses arising from such access or use.
21.3 By your access to or use of the Site, you assume the entire risk therein. This Site and the content are provided "as is", and does not contain or include any warranty of any kind, whether express or implied.
21.4 Specifically, ourselves do not make any representations, endorsements or warranties, express or implied, concerning the availability, currency, accuracy, or completeness of the Site or the content or the reliability of information displayed at or otherwise made available through the Site.
21.5 Notwithstanding, and in addition to any other provision in this agreement, to the full extent allowed by applicable law, you agree that Wildlife Auctions will not be liable to you or to any third party for any direct, indirect, special, consequential incidental or punitive damages whatsoever (including without limitation loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, loss of privacy or loss of data) that arise out of or are related to the Site, however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access the Site, the services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
21.5.1 a failure, or error in the operation, of all or any part of the Site, our computer systems, network resources, the services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
21.5.2 any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to the Site or network resources or any other computer systems or network resources to which they may be connected by any person;
21.5.3 in relation to an auction on the Site, that bids were not processed or accepted due to technical difficulties or for any reason whatsoever;
21.5.4 any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
21.5.5 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on the Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
21.5.6 any reliance on, the information and material contained on the Site about any Products or any other information or material whatsoever, or any information and material contained on, and the privacy of, websites linked to the Site;
21.5.7 any one or more of the circumstances described in Clauses 5.3, 13.3, 13.4, 15.2; 21.1 or 21.5;
21.5.8 any feedback, comments or rating scores made by you, or about you, pursuant to the Rating Rules;
21.5.9 any action taken by us under this agreement, including, but not limited to, action taken under Clause 19.4 and 19.5 (inclusive); or
21.5.10 any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not on the part of our employees, agents, or authorised representatives.
21.6 Our non or limited liability as set out in Clause 21.5 will apply whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise.
21.7 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the services or anything in these Terms and Conditions, are excluded unless expressly included in this agreement.
21.8 If any legislation or law implies in this agreement any term or warranty and also prohibits provisions in a contract excluding the application of or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our option to any one or more of the following:
21.9 If the breach relates to Products:
21.9.1 the replacement of the product or services or the supply of equivalent Products;
21.9.2 the payment of the cost of replacing the product or services or of acquiring equivalent Products; or
21.9.3 the payment of the cost of having the services supplied again.
21.10 Notwithstanding anything else in this agreement if an Indemnified Party is liable to you, whether in respect of negligence or other delict, breach of contract or warranty, breach of statute or statutory duty, equity or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12 month period commencing on the execution of this agreement or the anniversary thereof shall be R1000.
21.11 In particular, Wildlife Auctions makes no warranty in respect of malicious code. The Site does not scan for virus code. You acknowledge and accept the responsibility to obtain and operate your own anti-virus protection.
22 RELEASE AND INDEMNITY
22.1 Notwithstanding, and in addition to any other provision in this agreement, you hereby indemnify and to release from, to the maximum extent permitted by law Wildlife Auctions and each Indemnified Party, against, all losses, liabilities, costs, and expenses reasonably suffered or incurred by Wildlife Auctions, all damages are awarded against Wildlife Auctions by any Court of competent jurisdiction, any settlement amounts paid by Wildlife Auctions as a result of any settlement agreed to by Wildlife Auctions, costs or expenses (including legal costs on a full indemnity basis) to be paid by Wildlife Auctions, arising out of or in connection with, be it directly or indirectly related to, or, arising out of:
22.1.1 your use of the services;
22.1.2 your offering for sale and the sale of, and/or, your bidding for and the purchase of, any Products as a result of using the services;
22.1.3 Any claim by any third party that the use by you of the Site, the content, or the Products offered at the Site, is defamatory, offensive or abusive, or of an obscene or illegal nature, or otherwise constitutes a breach of any applicable law, regulation or code of practice;
22.1.4 Any claim by any third party that the use by you of the Site, the content, or the Products offered at the Site, infringes that third party’s Intellectual Property Rights of whatever nature;
22.1.5 the reproduction, broadcast, transmission communication or making available of any information or material by us or any users (other than you) made available by use of the services;
22.1.6 any one or more of the circumstances described in Clause 21.5;
22.1.7 Any fines or penalties imposed by any legal or regulatory authority in connection with the above prohibited activities.
22.1.8 any alleged breach of a person's rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the services; or
22.1.9 any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the services in accordance with this agreement.
22.2 The indemnity under Clause 22.1 does not extend to:
22.1.1 expenses incurred by us that are unreasonable; or
22.1.2 losses occasioned by us as a result of this agreement proving not to be profitable to us.
23 USE OF SITE
23.1 In using the Site, you must not:
23.1.1 Illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
23.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
23.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
23.1.4 offer, sell, export, bid for, or import any prohibited Products;
23.1.5 offer, sell, export, bid for, or import any Products if this breaches any law applicable to you; and
23.1.6 engage in any practice or conduct that is unlawful under any laws applicable to you;
23.2 Any links or references (direct or indirect) to other websites on the Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those websites, or the Products, information and services contained on those websites.
23.3 The information and material contained on the Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws (including any intellectual property laws) of any other country, and we make no representation that it does. If you choose to access the Site from outside the Republic of South Africa and or make use of the services, you do so at your own risk and will be completely liable and responsible for ensuring compliance with the laws of the country in which you are located. For as far as it may be relevant you assents to the jurisdiction and governing law as described in Clause 32 underneath.
24 USER TRAFFIC AND ITS CONTENT
24.1 We will always endeavor to maintain ongoing access, and, prevent and correct disruptions and failures on the Site. However we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore you agree that you:
24.1.1 are responsible for the flow and storage of your information through our computer systems and network resources;
24.1.2 take full responsibility for data, files and other information you own, send, or receive and ensure that at all times you maintain adequate backup copies as appropriate;
24.1.3 must not engage in mass postings of messages, either through e‑mail or onto newsgroups, or engage in any harassment, 'electronic stalking' or 'spam';
24.1.4 must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
24.1.5 accept that certain content on the Site, despite any steps we may take may contain material that you may find inappropriate, offensive, inflammatory, and further accept that we do not endorse such materials and disclaim any and all liability for their contents.
24.1.6 accept liability for the actions of the people (if any) that you allowed to access, or transmit information through the Site, our computer systems and network resources or otherwise utilise the services (whether or not you have given them your login and password details or not).
25 ENTERING INTO THIS AGREEMENT
25.1 You represent and warrant to us:
25.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this agreement and performing your obligations under this agreement; or
25.1.2 if you are a juristic entity:
188.8.131.52 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
184.108.40.206 entering into this agreement does not violate your constitution; and
220.127.116.11 you have the power and have taken all corporate and other action required to enter into this agreement and to authorise entering into this agreement and performing your obligations under this agreement.
25.2 Transactions in case of a minor
25.2.1 If you are under 18 years of age you do not have contractual capacity or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of Wildlife Auctions, unless you are duly supervised by and you have obtained the approval of your parent or legal guardian or spouse.
25.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Wildlife Auctions (Pty) Ltd.
25.3 Other disqualifications
25.3.1 If you are not legally permitted to enter into a binding and enforceable agreement due to being placed under curatorship or if you have been sequestrated or if you have been placed under debt review, then you must obtain the consent of your curator or trustee or debt councilor.
25.3.2 To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee on debt councilor as the case may be. The onus to prove that you were not supervised or did obtain the required Site’s consent shall rest with you.
25.3.3 We strictly reserve our rights to refuse our service, terminate or cancel orders, should Wildlife Auctions, in our sole discretion find or reasonably suspects that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these Terms and Conditions, without prejudice to any other rights that we may have at law.
26 ITELLECTUAL PROPERTY RIGHTS
26.1 The Site displays Content which consists of Copyrighted works, owned by their proprietors, including Wildlife Auctions, its affiliates and/or subsidiaries, or any other third party owners of such content (“ourselves”).
26.2 The Copyrighted works may include without limitation Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the content”).
26.3 All such content, and the compilation of the content, is protected by South Africa and international copyright laws. All rights in and to the content is reserved and retained by ourselves.
26.4 You are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content, other than as specified in these Terms and Conditions.
26.5 You agree and acknowledge that any derivative work or adaptation made by you of the content is the property of us, and no assignment or transfer or general right of use therein is acquired by you unless agreed to and reduced to writing.
26.6 All content downloaded or otherwise copied from the Site may only be stored and/or presented, regardless of format, in conjunction with all copyright, trademark or other proprietary notices used in conjunction with the content on the Site.
26.7 The source code of the Site or any separate software accessed thereby is not provided with the Site. Any attempt by you to reveal, obtain or otherwise access the source code is a violation of this agreement, and terminates it without limitation of Wildlife Auction's right of recourse to pursue all applicable action for infringement of its intellectual property.
26.8 Should you submit to the Site any content as defined above, you thereby warrant that you own or are otherwise legally entitled to supply the content submitted to the Site; that such content is accurate; that by the supply of the content to Wildlife Auctions, you do not violate any law, nor that such supply will cause injury to any person or entity; and that you indemnify the owners against all claims in respect of content you supply to it.
27 WILDLIFE AUCTIONS MAY CHANGE THESE TERMS AND CONDITIONS
27.1 We have an absolute discretion to change the terms of this agreement at any time. If we do so, we will post details of any changes on the Site that will be effective forthwith.
27.2 By accepting this agreement, you also agree to accept and be bound by any changes made by us under this Clause 27. In any event, your continued use of the services after any changes to the terms of this agreement have taken effect in accordance with Clause 27.1 will be deemed to be your acceptance of those changes to the terms of this agreement.
28 ALL RIGHTS RESERVED
28.1 All rights of any kind in respect of the Site which are not expressly granted in this agreement are entirely and exclusively reserved to and by Wildlife Auctions.
28.2 You may not rent, lease, or use commercially, nor modify, translate, reverse engineer, decompile, disassemble the Site or the content or any party thereof, nor create derivative works based on the Site or the content or any party thereof.
28.3 Wildlife Auctions reserves the right to revoke all rights in this agreement without notice, at any time, and for any or no reason.
29.1 You and Wildlife Auctions must follow the procedure for resolving any dispute in connection with or arising out of this agreement, in accordance with this Clause 30 before starting any proceedings (except proceedings seeking urgent interlocutory relief).
29.2 The procedure for resolving a dispute is as follows:
29.2.1 first, either you or Wildlife Auctions may give notice to the other about the nature of the dispute (" Notice ") and you and Wildlife Auctions will seek to negotiate a settlement within 15 working days of receipt of the Notice;
29.2.2 second, to the extent those negotiations fail, you and Wildlife Auctions will seek, within a further 5 days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by AFSA Secretariat and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and
29.2.3 failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.
30 FURTHER ASSURANCES
A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this agreement.
Other than as otherwise specified in this agreement, neither the failure of a party to enforce at any time any of the provisions of this agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
32 GOVERNING LAW
This agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of South Africa in relation to any legal action, suit or proceeding arising out of or with respect to this agreement.
Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this agreement at its respective address as specified on the application for registration on the Site and, in the case of Wildlife Auctions, http://www.wildlifeauctions.co.za South Africa and in the case of mail will be deemed to have been served 3 business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice and in the case of email it will be deemed to have been served if no return email stating that the email cannot be delivered is received.
34 RELATIONSHIP OF PARTIES
Apart from what is explicitly stated in this agreement nothing in this agreement shall be deemed to constitute any party as the agent, partner or joint venturer of another party.
Each of the provisions of this agreement shall be considered as separate terms and conditions and in the event that this agreement is affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
36 RULES OF INTERPERTATION
In this Terms and Conditions:
36.1 words importing the singular include the plural and vice versa;
36.2 words importing any one gender include the other genders;
36.3 reference to a natural person includes artificial persons and vice versa;
36.4 if any word or phrase is defined in any clause, that word or phrase shall bear the same meaning wherever used in this agreement, unless the contrary is indicated;
36.5 if any provision in a definition is a substantive provision conferring rights or imposing duties on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in this agreement.
36.6 the clause headings are intended for convenience only and shall not affect the construction or interpretation of this agreement.
36.7 the rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the agreement, shall not apply;
36.8 the words "include", "includes", and "including" means "include without limitation", "includes without limitation", and "including without limitation". The use of the word "including" followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it;
36.9 references to any enactment shall be deemed to include references to such enactment as re-enacted, amended or extended from time to time.