Terms & Conditions

Last updated: 25 April 2023

1. Introduction and Legal Terms
   1. By accessing or using www.auctioncalendar.co.za or any related platform or application (collectively, "the Platform"), owned by Buy Sell Hub (Pty) Ltd (reg: 2022‍/607‍323/‍07) ("Auction Calendar") or any of its Services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein ("Terms"). All rights in and to the content of the Platform always remain expressly reserved by Auction Calendar.
   2. Auction Calendar provides a marketplace platform that allows anyone who conducts or hosts auctions ("Auctioneer") to post auction listings online which interested users ("Buyers") can browse through and join ("Services").
   3. These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform or our Services. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
   4. The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
   5. Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit the risk or liability of Auction Calendar, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Auction Calendar or is an acknowledgement of any fact by you.
   6. The terms "user", "you" and "your" are used interchangeably in these Terms and refer to all persons accessing the Platform or using the Services for any reason whatsoever. Accordingly, the terms "us", "our" or "we" refers to Auction Calendar or its possession.
   7. Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence.
2. Relationship Between the Parties
   1. Auction Calendar provides software services and is not an agent, intermediary nor partner or adviser to any user. All tools provided on the Platform or as part of the Services are for information purposes only. Any formal engagement between users facilitated by the Platform is between them privately.
   2. All users understand and expressly agree that an Auctioneer is at all times an independent service provider, and is not an employee, partner nor agent of Auction Calendar in any way. If Auctioneers and Buyers engage in a formal relationship these parties do so entirely at their own risk and via private arrangement.
   3. Auction Calendar is not responsible for the quality or standard of any information advertised or displayed on any profile or derived from any tool used on the Platform.
3. Registering a Profile
   1. To use the Platform as a Buyer or Auctioneer, you must register using the registration form and create a profile. When creating a profile, you agree to provide accurate, current, and complete information and to update this information as and when it changes. Once registered, you will be allocated a unique profile that is under your control. Visitors don't need to register a profile and are free to browse the Platform
   2. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your profile. To view or change your personal information provided, you can go to the profile section under your account.
   3. By sharing your personal information with us, you warrant that the person using the Platform is you and/or you have the legal consent of your parent or guardian. You are responsible for your profile and all the actions taken with it. You should not share your login details or password with anyone.
   4. Please see Auction Calendar's Privacy Policy for more details on how we use and process your personal information.
4. The Services
   1. The following details the services available on our Platform:
      1. Browse Various Auction Listings
         1. Buyers can browse through hundreds of auction listings posted by Auctioneers hosted both online and in person across Southern Africa. Buyers can create alerts for interested auction listings and add upcoming auction listings to their favourite list.
      2. Post Auction Listings
         1. Using the listing guidelines, Auctioneers can post auction listings on the Platform for visitors and Buyers can browse through and join whether online or in-person. The Platform offers Auctioneers, RSVP, "Set Reminder", "Favourite", "Share" and "add to calendar" functionality for their listings, the ability to add registration and joining links for online auctions directly into their listings, the option to add a physical location for directions purposes to their listings, and the option to pay an additional fee for a feature spotlight of their auction listing as well as additional file storage and photo storage.
   2. For further and exact information on the various Services we currently offer or those specific to you, please see our Home page and contact us at info@auctioncalendar.co.za.
5. Payment Terms
   1. To browse and use our Platform as a visitor or Buyer is free.
   2. To publish and host auctions on the Platform requires Auctioneers to sign up to a monthly subscription.
      1. Subscription Package
         1. To join the Platform as an Auctioneer, you must sign up for one of our monthly subscription packages. The Standard monthly subscription package includes a maximum of 3 (three) listings per month. The Premium monthly subscription package includes a maximum of 5 (five) listings per month. The listings subscription is based on the number of listings created per month, and not the month the auction takes place. Unused listings cannot roll over to the next month.
         2. All packages are billed from the day you first subscribe, and you will be rebilled on the first of each month thereafter. You can cancel at any time before the next billing day and will continue to have access to your subscription until the next billing day, after which you will not be billed again, and your subscription will end.
      2. Additional Products
         1. Auctioneers have the freedom of adding additional products to their subscriptions. These additional products include:
            1. Additional listings;
            2. Featured Listings;
            3. Increased storage size of bidders packs; and
            4. Additional photos
   3. Invoices will be both emailed as well as being made available for download on your profile.
   4. You can view the monthly subscription fees available on our Platform.
   5. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service provider and/or other licenced and verified payment systems.
   6. You may contact us via email or go to your profile to obtain a full record of your transactions with us.
6. Refunds And Returns
   1. Unless otherwise required by applicable laws, Auction Calendar does not refund any fee which has been paid by a user for their subscription to the Platform or any additional product. This also means that we will not return any fee already paid for a subscription period where you terminate your use of the Platform before the paid subscription period has lapsed entirely.
7. User Responsibilities and Warranties
   1. By using the Platform and/or the Services, you warrant that:
      1. you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
      2. you expressly understand and agree that Auction Calendar is only a facilitating party for all users, and any liability stemming from any auction lies exclusively with the relevant Auctioneer, and not with Auction Calendar;
      3. you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
      4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Platform and/or Services only with the consent and supervision of your parent or legal guardian. When your parent or legal guardian supervises you and gives their consent, then such person agrees to be bound to these Terms and to be liable and responsible for your use of the Platform and all of your obligations under these Terms;
      5. you lawfully possess and submit all information to the Platform and/or Auction Calendar for the use of it or the Services;
      6. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
      7. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end 'look and feel' of the Platform or the underlying software code;
      8. you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
      9. you will not use the Platform for any commercial purpose other than as expressly provided for by Auction Calendar herein;
      10. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
      11. you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Auction Calendar to manifest all of its rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority, demanding specific performance and/or suing you for damages.
   2. The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform.
   3. Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform or the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
   4. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
8. Additional Auctioneer Responsibilities and Warranties
   1. Auctioneers, by signing up to the Platform and accepting these Terms, warrant that:
      1. they have all of the applicable and required qualifications, trading/business rights, permits, registrations, licenses and/or regulator authorizations to host and conduct auctions in all jurisdictions to which laws they and their services are subject;
      2. they will make available to any Buyer the appropriate Bidding Pack and auction guidelines that may apply to an auction, before such auction takes place;
      3. they will maintain and be responsible for any registration or access required for any online auction hosted on an online video conference platform such as Zoom or Google Meets or through any other online bidding platform;
      4. they will adhere to all applicable consumer protection and other laws when conducting their auctions not only within South Africa but whichever country they are operating within (including all duties relating to personal data processing standards and/or Know-Your-Client or Anti-Money Laundering duties which may be applicable, and age-restrictions);
      5. allow, and grant to, Auction Calendar a non-exclusive and non-transferable right to the Auctioneer's intellectual property (including pictures and descriptions of the auctions listed and goods offered for sale) to be used only on the Platform and/or by Auction Calendar when advertising or describing auction listings on the Platform or to Buyers and visitors on the Platform; and
      6. provide correct and up-to-date information regarding any auction listed to Auction Calendar when necessary or requested, failing which, an Auctioneer will immediately be deemed to be committing a material breach of these Terms, allowing Auction Calendar to claim contractual damages from the Auctioneer for any losses Auction Calendar suffers thereby.
   2. An Auctioneer accepts and understands that all liability related to the offering, advertisement and/or provision of any auction/auction listing lies strictly with the Auctioneer as the provider of those services to a Buyer.
9. Data Messages between You and Auction Calendar
   1. Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
   2. Data messages we send to you will be regarded as received when the data message enters your email server inbox and is capable of being retrieved and processed by you.
   3. We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
   4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
10. Hyperlinks, Deep Links, Framing
    1. The Platform may include links to other websites ("other sites"). Auction Calendar does not own or endorse these other sites and is not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
    2. Auction Calendar does not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us at support@auctioncalendar.co.za to request the removal of such content.
    3. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
11. Advertising And Sponsorships on the Platform
    1. The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all applicable laws and regulations.
    2. Auction Calendar, its shareholders, directors, employees, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
12. Intellectual Property
    1. All website layout, website content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code and everything submitted by a user to the Platform and Auction Calendar in use of the Services, ("the intellectual property") are owned (or co-owned or licenced, as the case may be) by Auction Calendar, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
    2. All rights to any intellectual property provided by a user to the Platform will remain with the user, but for which the user has provided Auction Calendar with a non-exclusive, non-transferable licence to use such user intellectual property as Auction Calendar deems fit on the Platform and/or in advertising, for as long as the user remains registered on the Platform.
    3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material on the Platform or the underlying software code whether in whole or in part, without the written consent of Auction Calendar first being granted, which consent may be refused at the discretion of Auction Calendar. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Auction Calendar and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
    4. Auction Calendar reserves the right to make improvements or changes to the intellectual property, information, videos, artwork, graphics, and other materials on the Platform, including that of a user in their Profile, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded through the Platform, will not be affected by such suspension or termination (as the case may be).
    5. Where any of the Platform intellectual property has been licensed to Auction Calendar or belongs to any third party, other than that which has been submitted by a user to the Platform in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions.
    6. Subject to adherence to the Terms, Auction Calendar grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Platform on any machine which the user is the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Auction Calendar.
    7. Please contact us at support@auctioncalendar.co.za if you have any questions on intellectual property.
13. Disclaimers And Warranties
    1. The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". Auction Calendar makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or information provided by another user, the information contained about any auction or Auctioneer.
    2. All content, information, and/or opinions of users made available on the Platform are those of the authors and not Auction Calendar. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
    3. Auction Calendar, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom.
    4. Auction Calendar, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
    5. We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
14. Indemnities
    1. The user indemnifies and holds harmless Auction Calendar, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys' fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with the user's use of the Platform and/or Services offered or concluded through the Platform in any way.
    2. The user agrees to indemnify, defend, and hold Auction Calendar harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user's breach of these Terms.
    3. This clause will survive termination of this agreement.
15. Company Information
    1. Site owner: Buy Sell Hub (Pty) Ltd
    2. Legal status: Private Company
    3. Registration number: 2022‍/607323‍/07
    4. Director: Charné Janse Van Rensburg
    5. Description of main business: e-commerce
    6. Telephone number: 012 023 2032
    7. Email address: info@auctioncalendar.co.za
    8. Platform address: www.auctioncalendar.co.za
    9. Physical address: 1st Floor FlexiSpace Offices, 92 Koranna Avenue, Doringkloof, Centurion, Gauteng, 0157
    10. Postal address: Postnet Suite 030, Private Bag X21, Queenswood, Gauteng, 0121
    11. Membership of any Association: N/A
16. Dispute Resolution and Governing Law
    1. A user's access and/or use of the Platform and/or Services and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.
    2. Should any dispute, disagreement or claim arise between a user and Auction Calendar, these parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    3. If the dispute is still not resolved, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa ("AFSA"), with an arbitrator selected by Auction Calendar. Arbitration proceedings shall be conducted in Pretoria in English.
    4. Notwithstanding the above, both parties' consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
    5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
    6. Disputes between users:
       1. Should a dispute arise between users and their private transaction relating to an auction, such dispute is between the user and Auctioneer exclusively. Auction Calendar is not responsible for fulfilling any function in any way or in any role.
       2. The users agree that they shall handle their private dispute between them in a manner they choose for the attempted benefit of both parties.
       3. The users may inform Auction Calendar of the dispute to log the issues experienced, and to try assist both parties in whatever way it deems fit, but is under no obligation to do so.
17. Termination of Use
    1. In addition to its other rights herein, Auction Calendar reserves the right to restrict and/or terminate your profile and use of the Platform and/or Services if you breach any of these Terms, or for any other reason in its sole discretion provided that Auction Calendar gives reasonable notice to you.
    2. Depending on the severity of the breach, we may in our sole discretion, reinstate your account following the restriction thereof.
    3. If you wish to terminate your agreement with us and these Terms, or end your use of the Services, you may do so by deregistering your profile with the Platform, discontinuing your payment of a subscription fee and ending your use of the Platform/Services. Such deregistration from the Platform will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
    4. If you cancel your agreement with these Terms and with Auction Calendar, we will delete your profile within a reasonable period.
18. Notices and Service Address
    1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
       1. in the case of Auction Calendar, at info@auctioncalendar.co.za or
       2. in the case of the user, at the e-mail and addresses provided by the user to Auction Calendar.
    2. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
19. The Fine Print
    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
    2. No indulgence, leniency or extension of time granted by Auction Calendar shall constitute a waiver of any of Auction Calendar's rights under these Terms and, accordingly, Auction Calendar shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
    3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
    4. The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    5. The user's access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
    6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Auction Calendar in relation to the payment failure or breach.
    7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.7.
    9. Should you have any complaints or queries, kindly email us at support@auctioncalendar.co.za.