- Introduction and Legal Terms
- By accessing or using 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.
- 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").
- 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.
- 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.
- 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.
- 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.
- Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence.
- Relationship Between the Parties
- 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.
- 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.
- 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.
- Registering a Profile
- 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
- 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.
- Auctioneers may create and maintain a personalised bio page linked to their profile, which may include a banner image and company logo, contact details, a short company bio, and a list of upcoming auctions. Users may submit enquiries directly from the bio page.
- 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.
- Please see Auction Calendar's Privacy Policy for more details on how we use and process your personal information.
- The Services
- The following details the services available on our Platform:
- Browse Various Auction Listings
- Buyers can browse through hundreds of auction listings posted by Auctioneers hosted online, onsite, as hybrid auctions (online and onsite), or as accepting offers across Southern Africa. Buyers can interact with listings by contacting the Auctioneer, adding auctions to their calendar, setting reminders, saving listings as favourites, joining online auctions, getting directions to onsite auctions, downloading bidder packs (if available) and additional documentation, sharing listings, and creating alerts for listings that match specific criteria.
- Post Auction Listings
- Using the listing guidelines, Auctioneers can post auction listings on the Platform for visitors and Buyers can browse through and participate whether online, onsite, hybrid (online and onsite), or accepting offers. The Platform offers Buyers "Contact Auctioneer", "Set Reminder", "Favourite", "Share" and "Add to Calendar" functionality for listings, the ability to join online auctions via registration and joining links included in listings (where applicable), the option to use a physical location for directions purposes for onsite auctions (where applicable), and the option to download bidder packs (if available) and additional documentation. Auctioneers may also have the option to pay an additional fee for a feature spotlight of their auction listing as well as additional file storage and photo storage.
- "Accepting Offers" listings are listings where a Buyer may submit an offer to the relevant Auctioneer for consideration and possible acceptance in accordance with the rules, timeframes and processes determined by the Auctioneer and communicated in the listing and/or otherwise to the Buyer.
- Auction Calendar is not a party to any offer, negotiation or acceptance between a Buyer and an Auctioneer, does not verify or enforce any Auctioneer's "accepting offers" rules, and does not provide any guarantee as to whether any offer will be accepted.
- The Auctioneer remains solely responsible for setting and applying its rules for "accepting offers" listings, complying with all applicable laws (including consumer protection requirements), and all outcomes, disputes and liabilities arising from any offers submitted, accepted or rejected.
- Enquiries Dashboard for Auctioneers
- Auctioneers have access to a dedicated enquiries dashboard within their profile, which displays enquiries received across their listings and bio page in one central location. From the enquiries dashboard, Auctioneers can respond to enquiries, manage conversations from their inbox, and export contact and enquiry lists for further follow-up.
- Where an Auctioneer exports any contact details or enquiry information, the
Auctioneer must:
- use such information only for legitimate follow-up relating to the relevant Auction(s) and/or responding to the enquiry and not for unsolicited marketing or spam;
- comply with POPIA, our Privacy Policy and all applicable direct marketing, opt-in/opt-out and consent requirements; and
- implement appropriate technical and organisational measures to protect the exported data (including access controls and secure storage) and delete it when no longer required for the purpose for which it was exported.
- Auction Calendar is not responsible or liable for any use, disclosure, loss or misuse of exported data by an Auctioneer or its representatives after export/download.
- Moderation and Takedown (Bio Pages and Profile Content)
- We may (but do not have any obligation to) monitor, review, remove,
disable access to, edit and/or require changes to any Auctioneer bio page,
profile content, branding, logos, images, listings, messages or other
content made available on or through the Platform, at any time and without
notice, where we reasonably believe it:
- is misleading or deceptive (including misleading branding or claims);
- infringes any third-party rights;
- is prohibited content, unlawful, defamatory, or otherwise violates these Terms or any applicable law;
- constitutes impersonation or misrepresents an Auctioneer's identity, affiliations, authorisations or licences; or
- includes unlawful marketing claims or non-compliant direct marketing.
- Auctioneers remain solely responsible for the accuracy and legality of all content they provide and for ensuring it complies with these Terms and applicable law.
- We may (but do not have any obligation to) monitor, review, remove,
disable access to, edit and/or require changes to any Auctioneer bio page,
profile content, branding, logos, images, listings, messages or other
content made available on or through the Platform, at any time and without
notice, where we reasonably believe it:
- Browse Various Auction Listings
- We may implement server-side tracking and analytics tools (including integrations with third-party analytics providers such as Google Analytics) and develop recommendation and personalisation features to better understand Platform usage and to provide users with a more tailored experience that may increase interaction and conversions. Any such tracking, analytics and personalisation will be conducted in accordance with applicable law and our Privacy Policy.
- For further and exact information on the various Services and features we currently offer (including Auctioneer profile functionality) or those specific to you, please see our Home page and contact us at info@auctioncalendar.co.za.
- The following details the services available on our Platform:
- Payment Terms
- To browse and use our Platform as a visitor or Buyer is free.
- To publish and host auctions on the Platform requires Auctioneers to sign up to a monthly
subscription.
- Subscription Package
- To join the Platform as an Auctioneer, you must sign up for one of our subscription packages made available on the Platform from time to time. Package features, inclusions and limits (including listing limits) are as displayed on the Platform at the time of subscription. The listings subscription (where applicable) 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.
- 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.
- Additional Products
- Auctioneers may add additional products and services to their subscriptions
(where offered on the Platform). These additional products and services
may include:
- Additional listings;
- Featured Listings;
- Increased storage size of bidders packs;
- Additional photos; and
- Marketing and content services (which may include setting up and managing campaigns on social media and search platforms, sending push notifications, creating editorials, and crafting branded mailers).
- Auctioneers may add additional products and services to their subscriptions
(where offered on the Platform). These additional products and services
may include:
- Subscription Package
- Invoices will be both emailed as well as being made available for download on your profile.
- You can view the subscription fees, pricing for additional products and services, and any once-off or recurring charges available on our Platform.
- 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 licensed and verified payment systems.
- You may contact us via email or go to your profile to obtain a full record of your transactions with us.
- Refunds And Returns
- 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.
- User Responsibilities and Warranties
- By using the Platform and/or the Services, you warrant that:
- where Auction Calendar uses cookies and similar technologies, server-side tracking, analytics tools (including third-party providers such as Google Analytics) and recommendation/personalisation features, you acknowledge that usage data may be collected and shared with or processed by such third parties; where required by applicable law, you will be presented with and may manage applicable consent/choices via cookie settings or a cookie notice as described in Auction Calendar's Privacy Policy;
- you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
- you expressly understand and agree that Auction Calendar is only a facilitating party for all users, and any liability stemming from any auction or "Accepting Offers" listing (including any offer, negotiation or acceptance) lies exclusively with the relevant Auctioneer, and not with Auction Calendar;
- you have not made any misrepresentations and the information provided in the registration process and on your profile and/or bio page (including any branding, logos, images, contact details and marketing claims) about you, your company and/or your status is true, accurate and complete in every aspect, and is not misleading or deceptive or impersonating any other person or entity;
- 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;
- you lawfully possess and submit all information to the Platform and/or Auction Calendar for the use of it or the Services;
- where you export, download or otherwise process any contact details or enquiry information obtained from the Platform, you will: (i) use such information only for legitimate follow-up relating to the relevant auction(s), listing(s) and/or enquiry and not for spam or other unsolicited marketing; (ii) implement appropriate technical and organisational measures to protect such personal information (including access controls and secure storage); and (iii) delete it when no longer required for the purpose for which it was obtained;
- 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;
- you will not send any unsolicited electronic messages (including through use of exported enquiry/contact lists) 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;
- 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;
- you will not use the Platform for any commercial purpose other than as expressly provided for by Auction Calendar herein;
- 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 you will comply with all applicable privacy and data protection laws (including POPIA) and direct marketing/consumer protection requirements when processing personal information or communicating with users; and/or
- 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.
- 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.
- 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.
- We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
- By using the Platform and/or the Services, you warrant that:
- Additional Auctioneer Responsibilities and Warranties
- Auctioneers, by signing up to the Platform and accepting these Terms, warrant and agree that:
- 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;
- they will ensure that any "Accepting Offers" listing (where applicable) clearly sets out the applicable rules, timeframes, process, and any material terms, and they remain solely responsible for all offers submitted, accepted or rejected, all compliance with applicable law, and all outcomes and disputes arising from such listing;
- 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;
- 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;
- 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);
- they will not use the Platform (including any bio page/profile content, messaging tools, or exported enquiry/contact lists) for unsolicited marketing, spam, misleading or deceptive marketing claims, impersonation, or any unlawful conduct, and will comply with POPIA and all applicable direct marketing, opt-in/opt-out and consent requirements when communicating with Buyers or other users;
- where they export, download, store or otherwise process any contact details or enquiry information obtained from the Platform, they will implement appropriate technical and organisational measures to protect such personal data (including access controls and secure storage) and delete it when no longer required for the purpose for which it was obtained;
- 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;
- any logos, banners, company descriptions, contact details, and other profile or bio page content they provide are accurate, not misleading or deceptive, do not infringe third-party rights, and do not constitute impersonation or unlawful marketing claims; and
- 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.
- Auction Calendar may (but does not have any obligation to) monitor, review, remove, disable access to, edit and/or require changes to any Auctioneer listings, bio page/profile content, branding, logos, images, messages or other content on the Platform where Auction Calendar reasonably believes it is misleading, unlawful, infringing, constitutes impersonation, or otherwise violates these Terms or applicable law.
- 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.
- Auctioneers, by signing up to the Platform and accepting these Terms, warrant and agree that:
- Data Messages between You and Auction Calendar
- Data messages, including email messages, you send to us will be considered as received only when we acknowledge or responded to these messages.
- 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.
- 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.
- 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.
- Hyperlinks, Deep Links, Framing
- 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.
- 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.
- 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.
- Advertising And Sponsorships on the Platform
- 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.
- 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.
- Intellectual Property
- 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 (including any Profile and/or Auctioneer bio page content such as banner images, company logos, contact details, company descriptions, marketing claims, documents and other materials), ("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.
- 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, royalty-free licence to use, reproduce, display, publish, distribute and make available such user intellectual property as Auction Calendar deems fit on the Platform (including on any Profile and/or Auctioneer bio page) and/or in advertising, for as long as the user remains registered on the Platform.
- 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.
- 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 and/or Auctioneer bio page, 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). Auction Calendar may (but does not have any obligation to) monitor, review, remove, disable access to, edit and/or require changes to any user content on a Profile and/or Auctioneer bio page where Auction Calendar reasonably believes it is misleading or deceptive (including misleading branding or claims), unlawful, infringing, constitutes impersonation, or otherwise violates these Terms or applicable law.
- 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.
- 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.
- Please contact us at support@auctioncalendar.co.za if you have any questions on intellectual property.
- Disclaimers And Warranties
- Commitment to Trusted Auctioneers. We are committed to maintaining a safe and trustworthy Platform for Buyers. Auctioneers may be reviewed during the registration process and/or from time to time thereafter, and we reserve the right (but do not assume any obligation) to suspend or remove any Auctioneer who, in our reasonable opinion, engages in fraudulent, unlawful, or unethical practices. Any such review or removal is a discretionary Platform governance measure and does not constitute an endorsement, approval, certification, or warranty by Auction Calendar of any Auctioneer or any Auction.
- 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.
- 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, and any review of Auctioneers as part of registration or ongoing Platform governance does not change this position.
- 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.
- 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.
- 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.
- Indemnities
- 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, including (without limitation) any claim arising from (i) any content the user posts or makes available on the Platform (including any Profile and/or Auctioneer bio page content, branding, logos, banner images, company descriptions or marketing claims); (ii) any communication by the user with other users, including any use of exported contact and enquiry lists and any alleged spam or non-compliant direct marketing; (iii) the user's processing, storage, disclosure, loss or misuse of personal information obtained via the Platform (including exported data) or any breach of POPIA or other applicable privacy/data protection laws; and/or (iv) any auction, listing, or "Accepting Offers" process, rules, offer, negotiation, acceptance, rejection, fulfilment, dispute or outcome involving the user.
- 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.
- This clause will survive termination of this agreement.
- Company Information
- Site owner: Buy Sell Hub (Pty) Ltd
- Legal status: Private Company
- Registration number: 2022/607323/07
- Director: Charné Janse Van Rensburg
- Description of main business: e-commerce
- Telephone number: 012 023 2032
- Email address: info@auctioncalendar.co.za
- Platform address: auctioncalendar.co.za
- Physical address: 1 Union Avenue, Lyttelton Manor, Centurion, Gauteng, 0157
- Postal address: 1 Union Avenue, Lyttelton Manor, Centurion, Gauteng, 0157
- Membership of any Association: Property Practitioners Regulatory Authority (PPRA) as a platform, and South African Institutes of Auctioneers (SAIA) endorsed service provider.
- Dispute Resolution and Governing Law
- 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.
- 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.
- 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.
- 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.
- 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.
- Disputes between users:
- 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.
- The users agree that they shall handle their private dispute between them in a manner they choose for the attempted benefit of both parties.
- 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.
- Termination of Use
- In addition to its other rights herein, Auction Calendar reserves the right to restrict, suspend, remove content from and/or terminate your profile and use of the Platform and/or Services if you breach any of these Terms, including by posting misleading branding or claims, prohibited content, impersonating any person or entity, or making unlawful marketing claims, or for any other reason in its sole discretion provided that Auction Calendar gives reasonable notice to you.
- Depending on the severity of the breach, we may in our sole discretion reinstate your account following the restriction thereof, and may require you to remove, correct or amend any non-compliant Profile and/or Auctioneer bio page content before reinstatement.
- 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.
- If you cancel your agreement with these Terms and with Auction Calendar, we will delete your profile within a reasonable period.
- Notices and Service Address
- 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:
- in the case of Auction Calendar, at info@auctioncalendar.co.za or
- in the case of the user, at the e-mail and addresses provided by the user to Auction Calendar.
- 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.
- 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.
- 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:
- The Fine Print
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Should you have any complaints or queries, kindly email us at support@auctioncalendar.co.za.