TERMS AND CONDITIONS FOR THE USE OF THE
AMAZINGBIDS WEB SITE
Brought to you by: Amazingbids CC (“Amazingbids”)
1. SUBMISSION OF CONTENT AND USE OF THE SITE
1.1 You agree to use the Site for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Site from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
1.2 You are prohibited from posting or transmitting, by means of listings, reviews, comments, suggestions, ideas, questions or other information through the Site, any content which is, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to:
1.2.1 any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
1.2.2 any content that constitutes an invasion of privacy; or
1.2.3 any content that is an infringement of any intellectual property right; or
1.2.4 any content that contains software viruses; or
1.2.5 any content that constitutes a political statement, commercial solicitation, or “Spam”
1.3 Although Amazingbids does not purport to review (nor is it under any obligation to do so) any submitted content, it reserves the right to remove any content from the Site that it deems, in its sole discretion, to be an infringement of Clause 1 or harmful in anyway whatsoever. Should you breach this clause or any other clause in these Terms and Conditions, Amazingbids may immediately terminate and/or suspend your access to all or parts of the Site, without any further notice to you.
1.4 You warrant that:
1.4.1 you own or otherwise control all rights to the content that you may submit to the Site;
1.4.2 that any use of such content will not cause injury or harm to any person or entity; and
1.4.3 you will indemnify Amazingbids or its affiliates, directors, officers and employees, for all claims resulting from the submitted content.
1.5 By submitting listings, reviews, comments and/or any other content (other than your personal details) to Amazingbids for posting on the Site, you automatically grant Amazingbids and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed for the full term of any copyright that may exist in such content. Subject to this license being granted, you retain any and all rights that may exist in such content.
1.6 The following activity on or through the Site is expressly prohibited:
1.6.1 any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Site, or the content contained therein, without the prior written authority of Amazingbids; and
1.6.2 the collection or use of any listings, descriptions, or price lists from the Site, for the benefit of a competing merchant that supplies products comparable to those offered on the Site; and
1.6.3 any use or action that imposes an unreasonable or disproportionately large load of traffic on the Site, or otherwise interferes with its proper and timely functioning; and
1.6.4 incorporating any e-mail addresses, names, telephone numbers, and fax numbers published on the Site in any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Site may be used to communicate unsolicited communications to Amazingbids and all rights detailed in Section 45 of the ECT Act are reserved.
1.7 You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Site, and you accept full liability for all activities that occur under your User Name.
1.8 Some of the services offered on the Site, specifically those relating to subscribing to any of Amazingbids’s services, are only available persons 18 years or older. By registering with us, you warrant that you are 18 years or older.
1.9 From time to time Amazingbids will run competitions, free prize draws, and promotions on the Site. These competitions, free prize draws, and promotions are subject to additional terms that will be made available at the time.
1.10 Your use of the Site requires Internet access and certain software and may require obtaining updates or upgrades from time to time. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these factors. Accordingly, use of a high speed Internet connection is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Site is not part of any other music or offering, and no purchase or obtaining of any other music shall be construed to represent or guarantee you access to the Site.
1.11 You acknowledge that use of the Site may require the use of other hardware and software products (e.g., the ability to make copies of the music available on this Site on physical media and render performance of the music on authorized digital player devices), and that such hardware and software is your responsibility. Once music is purchased and you receive the music, it is your responsibility not to lose, destroy, or damage the music, and Amazingbids shall be without liability to you in the event of any loss, destruction, or damage.
2. THE USE OF THIRD PARTY CONTENT
2.1 Amazingbids hosts information, pricing, opinions and other content supplied by third parties ("Third Party Content") on the Site. Amazingbids has no editorial control over such content.
2.2 Opinions, statements, offers or any other information that may constitute Third Party Content, is that of the respective User and not of Amazingbids, its affiliates or any of their directors, officers, employees or agents. Amazingbids, its affiliates, or any of their directors, officers, employees, agents, does not guarantee the accuracy, completeness, and/or usefulness of any Third Party Content. All Third Party Content is provided as is.
2.3 It is your responsibility to evaluate Third Party Content available on and through the Site. Amazingbids and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through the Site. Before making any decision or placing any reliance on Third Party Content provided on or through the Site, you should take all further reasonable steps to ensure and verify the accuracy of such content. This notice must be displayed in its entirety should you wish to publish any Third Party Content obtained from the Site
2.4 Amazingbids does not review (nor is it under any obligation to do so) or control any third-party web site that link to or from the Site. Amazingbids is not responsible for the content of any Third Party site linked to or from the Site.
2.5 If you believe that your work has been copied and is accessible on any Site in a way that constitutes copyright infringement, or that the Site contain links or other references to another online location that contains material or activity that infringes your copyright, please contact Amazingbids.
3. PURCHASES MADE BY MEANS OF THE SITE AND THE CONDUCTING OF AUCTIONS
3.1 You acknowledge and agree that Amazingbids provides a platform for the online sale of goods and services by way of auction. Accordingly Amazingbids does not involve itself in the sale of goods and services made by way of the Site and therefore cannot warrant or guarantee that either the Seller or the Buyer will perform any of their obligations in terms accordance with the auctioning of any goods and services by means of this Site.
3.2 You further acknowledge and agree that:
3.2.1 Amazingbids is not the manufacturer of any goods or services auctioned by way of the Site;
3.2.2 Amazingbids does not provide a warranty of any kind, whether expressly or implied as to the ware of the goods and/or services advertised, or that they will be suitable for any particular purpose or for use under any specific conditions, notwithstanding the fact that such purpose or condition may have been known to Amazingbids, or whether the goods and services may be legally auctioned in South Africa;
3.2.3 Amazingbids does not control the descriptions of the goods and services auctioned by means of the Site. Accordingly, Amazingbids does not warrant or guarantee the accuracy of the descriptions of the goods and services auctioned by means of the Site;
3.2.4 Amazingbids can neither warrant nor guarantee the identity of any party either auctioning or purchasing goods or services by means of the Site. Accordingly we cannot guarantee whether the information provided by either the Buyer or Seller (including but not limited to identity and credit card information) is correct;
3.3 You agree, in terms of Section 42(2)(b) of the Electronic Communications and Transaction (ECT) Act 25 of 2002 that the goods and services sold by means of this Site are by way of auction and accordingly you are not entitled to cancel without reason and without penalty any transaction and any related credit agreement relating to your purchases from the Amazingbids website.
The Seller’s Obligations
3.4 Subject to your compliance with the terms of this Agreement you are hereby authorised to advertise the goods and services that you wish to offer for sale on the Site. Your failure to comply with the terms and conditions of this Agreement may result in your account and any activity associated therewith being suspended and/or terminated.
3.5 You hereby warrant to both Amazingbids and the Buyer that:
3.5.1 any information your have provided to us complies with the provisions of Clause 1 of this Agreement;
3.5.2 you are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the purchaser of your goods and services;
3.5.3 you have disclosed all terms and conditions for the sale of goods and services to be sold or sold by means of the Site. Such terms and conditions must include the nature of the auction; the minimum bid and any increments thereto; date and time of opening, and closing, of the auction; payment and tax information; delivery information; and any returns information;
3.5.4 you have complied with any and all government legislation, regulations, notices or guidelines
3.5.5 any goods and services that you offer for sale by means of the Site:
184.108.40.206 correspond with the description of the goods and services that you have used to advertise the goods and services;
220.127.116.11 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price and are not defective; and
18.104.22.168 are free of any charge or encumbrance which may impede the Buyer’s possession of the goods and services;
22.214.171.124 all services will be rendered in a workmanlike and professional manner;
126.96.36.199 if the Buyer informed you the services purchased are required to achieve a particular result, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
188.8.131.52 the goods and services you are selling by means of the Site may be legally offered for sale and not in contravention of any law.
3.6 You may set a reserve price or minimum price for the goods and services but that price must not be set out in the information provided about the goods or services to which that price applies or otherwise disclosed to any person at any time.
The Buyers Obligations
3.7 You hereby warrant to both Amazingbids and the Buyer that:
3.7.1 any information your have provided to us complies with the provisions of Clause 1 of this Agreement;
3.7.2 you have the requisite legal capacity to purchase any goods or services that you bid for;
3.7.3 you will not otherwise be breaching any law in purchasing the goods or services that you bid for;
3.7.4 you will not bid for any goods or services advertised by way of the Site unless you the ability to pay for those goods or services;
3.8 You hereby acknowledge and agree that:
3.8.1 the purchase of any goods and services by means of this Site is at your own risk;
3.8.2 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 those goods and services, in all of the Seller's dealings in connection with the goods and services that you may purchase by means of this Site
The Conducting of Auctions by Means of the Site
3.9 Auctions conducted by way of this Site are subject to the following terms and conditions:
3.9.1 you may not contravene Section 14 of the Prevention and Combating of Corrupt Activities Act No. 12 of 2004 in that you may not engage in bid manipulation to unfairly induce any third party to make bids and/or manipulate the bid price;
3.9.2 you may not make a bid below the minimum price;
3.9.3 if the highest bid does not reach the reserve price (if there is one), then no bid will be regarded as having been successful;
3.9.4 if requested, you must provide your credit card details to Amazingbids before making any bid;
3.9.5 all bids are final and not withdraw by you;
3.9.6 you will be deemed to be the successful bidder if:
184.108.40.206 yours is the highest bid;
220.127.116.11 yours is the bid for the greatest quantity of goods or services at the highest price;
18.104.22.168 you have placed the bid for the greatest quantity of goods or services at the highest price;
3.9.2 if yours is the successful bid as contemplated by Clause 3.9.6 above and your bid is accepted, or deemed to be accepted by the Seller, you will then obligated to complete the purchase of the goods and services;
3.9.3 the provisions of Clause 3.9.2 above are subject to the following exceptions:
22.214.171.124 the description of the goods or services have been materially altered following the commencement of any bidding for the goods and services; or
126.96.36.199 the identity of the Seller cannot be authenticated; or
188.8.131.52 the Seller fails to deliver the goods or services by the date agreed and in accordance with the provisions of this Agreement.
3.9.4 if a Seller receives more than one bid above the minimum price, the Seller must accept the highest bid and complete its sale of the goods or services to that Buyer.
3.9.5 the provisions of Clause 3.9.4 are subject to the following exceptions:
184.108.40.206 the Buyer fails to complete the purchase of the goods or services; or
220.127.116.11 the Seller is unable to authenticate the identity of the Buyer or the creditworthiness of the Buyer and the Buyer's ability to pay for the goods or services.
Payment and Fees
3.10 You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable. Should you fail to comply with any such request you will not be allowed to participate in any auction conducted by means of the Site.
3.11 In the event that any goods and services you sell by means of the Site are successfully sold you will be charged a fee. If you do not accept the provisions of this Agreement then do not make use of this Site.
3.12 Our fees, billing and credit rules are available here and may be changed from time to time. You will be notified of any changes.
3.13 Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT.
Concluding the Sale and Purchase
3.14 In the event that the goods and services are sold, Amazingbids will notify the Seller and the successful Buyer when the auction closes.
3.15 Following such notification, the Seller and the Buyer will need to regulate the following between themselves including but not limited to:
3.15.1 the implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;
3.15.2 ensuring that they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase);
3.15.3 arranging for payment of the goods or services;
3.15.4 arranging any insurance in respect of the goods or services;
3.15.5 agreeing a date for delivery of the goods or services; and
3.15.6 payment of all applicable taxes, duties and costs incurred in connection with the sale and purchase of the goods and services.
3.16 You acknowledge and agree that Amazingbids provides a platform for the online sale of goods and services by way of auction. Accordingly Amazingbids does not involve itself in the sale of goods and services made by way of the Site and therefore cannot warrant or guarantee that either the Seller or the Buyer will perform any of their obligations in terms accordance with the auctioning of any goods and services by means of this Site. Accordingly, Amazingbids will not accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on this web site, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of Amazingbids or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Amazingbids and is protected by South Africa and international copyright laws.
4.2 Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Amazingbids or the copyright owner.
4.3 You are expressly prohibited to “mirror” any content, contained on the Site, on any other server unless with the prior written permission of Amazingbids.
4.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Amazingbids, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Amazingbids logo or other proprietary graphic or trademark as part of the link without the express permission of Amazingbids, its affiliates or content suppliers.
4.5 All trademarks are the exclusive property of Amazingbids.
4.6 The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages.
5. LIMITED LIABILITY AND INDEMNITY
5.1 The information, content, services, products and materials published on the Site, including without limitation, text, graphics and links are provided on an "as is" basis. Amazingbids makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the accuracy, correctness or completeness of the information, contents, materials, or products included on the Site. Without limiting the generality of the aforegoing:
5.1.1 Amazingbids does not warrant that the site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
5.1.2 Whilst Amazingbids has taken reasonable measures to ensure the integrity of the Site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via the Site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
5.2 To the full extent permissible by applicable law, Amazingbids disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Amazingbids will not be liable for any damages of any kind arising from the use of Amazingbids site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
5.3 Amazingbids reserves the right, at its sole discretion to alter or remove any information or withdraw any goods or services offered for sale by means of the Site without any liability to Amazingbids if:
5.3.1 either the goods and services or any information associated therewith infringes the provisions of Clause 1 of this Agreement;
5.3.2 may result in any liability for Amazingbids whatsoever or is in Amazingbids’ commercial interests;
5.3.3 Amazingbids is not satisfied that the goods and services may be legally offered for sale or sold;
5.3.4 Amazingbids is required by law to do so;
5.3.5 you breach the provisions of this Agreement; or
5.3.6 for any other reason whatsoever.
5.4 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 are hereby waived.
5.5 Amazingbids does not accept any liability or any responsibility for any commercial enterprises you may conduct as the proprietor of any goods or services that you have chosen to sell or buy by means of the Site. More specifically:
5.5.1 if you rely this Site in any manner to support a business or other profit-making activity you do so entirely at your own risk; and
5.5.2 advertising, credit card payment channels, direct-debit facilities, and electronic registration forms are all examples of commercial uses of the Services where you must bear the risk absolutely.
5.6 Any other liability on the part of Amazibgbids arising from any cause whatsoever is specifically excluded. Without limiting the generality of the aforegoing, the licensor shall not be liable for any delay, failure, breakdown, damage or injury caused by the actions or requirements of any telecommunications authority or a supplier of telecommunications services, energy services or software services.
5.7 Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
5.7.1 your use of the Services;
5.7.2 your offering for sale and the sale of, and/or, your bidding for and the purchase of, any goods and services as a result of using the Services;
5.7.3 the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;
5.7.4 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
5.7.5 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.
5.8 The indemnity set out in Clause 5.7 does not extend to:
5.8.1 expenses incurred by Amazingbids that are unreasonable; or
5.8.2 losses occasioned by Amazingbids as a result of this Agreement proving not to be profitable to Amazingbids.
6.1 Amazingbids respects privacy of its Users and Members. Amazingbids will take all reasonable steps to protect the personal information of Users and Members. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). Without limiting the aforegoing:
6.1.1 Amazingbids is dedicated to maintain the privacy of its online visitors, users and members. On this site, Amazingbids does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
6.1.2 Any information collected is used solely by Amazingbids and its business partners who are involved in the operation of this site for internal purposes or are required to process personal data in the provision of services to Amazingbids. Amazingbids’s client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.
6.1.3 Under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its subscribers Amazingbids will comply with any such legally binding request.
6.2 Amazingbids processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer. Amazingbids may from time to time use your contact information to tell you about news or events provided by Amazingbids or one of its strategic partners. You may opt-out of receiving such mailings, either when you register with Amazingbids or at any time afterwards. Amazingbids may also contact you with important information about your registration details even if you have opted-out of receiving promotional emails.
6.3 Amazingbids may electronically collect, store and use the following personal information of Users:
i. title, name and surname;
ii. street address;
iii. postal address;
iv. contact numbers;
v. non-personal browsing habits and click patterns;
vi. e-mail address; and / or IP addresses;
vii. banking details.
6.4 Amazingbids collects, stores and uses the abovementioned information for the following purposes:
i. to communicate requested information to Users;
ii. to provide services to Users as requested by Users;
iii. to authenticate Users;
iv. to provide the User with access to restricted pages on this website; and/or
v. to compile non-personal statistical information about browsing habits, click-patterns, and access to the Website;
vii. to facilitate payments, delivery and finalisation of sale transactions between sellers and buyers.
6.5 Information detailed above is collected either electronically by using cookies or is provided voluntarily by Users. Users may determine cookie use independently through their browser settings
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (Witwatersrand Local Division) in respect of any disputes arising in connection with this Site.
8.1 Amazingbids may terminate your account at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions.
8.2 Such termination shall not effect any right to relief to which Amazingbids may be entitled.
8.3 Upon termination of these terms and conditions, all rights granted to you will terminate and revert to Amazingbids.
8.4 You must give 30 days written notice of your intention to cancel its placement in the directory, with Amazingbids. In the event that you have taken advantage of the discounts allowed for in the fixed period options provided, you agree to forfeit any surplus monies paid to Amazingbids on such termination.
9. DISPUTE RESOLUTION
9.1 A dispute between the Parties relating to any matter arising out of this Agreement or the interpretation thereof shall be referred to arbitration by any of the Parties by way of a written notice to the other Parties, in which written notice particulars of the dispute are set out.
9.2 Such arbitration proceedings shall be held in Sandton and shall be held in a summary manner view to its being completed within 30 (thirty) calendar days after it is demanded.
9.3 The arbitrator for such arbitration proceedings shall be a practising advocate or attorney, admitted as such in accordance with South African law, with at least 10 (ten) years experience, as agreed upon by the Parties and, failing agreement, nominated by the chairperson for the time being of the Law Society of the Northern Provinces.
9.4 The decision of the arbitrator shall be final and binding on the Parties, who shall summarily carry out that decision and any of the Parties shall be entitled to have the decision made an order of any court with competent jurisdiction.
9.5 This clause shall remain effective between the Parties after this Agreement has been terminated.
9.6 No clause in this Agreement which refers to arbitration shall mean or be deemed to mean or interpreted to mean that any of the Parties shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction, pending the decision of the arbitrator.
10.1 Any legal person that delivers or attempts to deliver any damaging code to this web site, to gain unauthorized access to any page on this web site, to tamper with any of the content or pages that constitute this web site or duplicate such pages or content will be prosecuted to the full extent of the law, and civil damages will be claimed should Amazingbids suffer any loss or damages as a result of such actions.
10.2 Amazingbids will take reasonable steps to ensure the security of the content of this web site (including information provided and collected from Users) from unauthorized access or disclosure. Although Amazingbids takes reasonable steps to ensure security, Amazingbids does not make any representation or warranties that the content will be 100% secure.
10.3 Amazingbids has no legal obligation to encrypt any content or communications from and to the Amazingbids web site. Further there is no legal obligation for Amazingbids to provide digital authentication for any web page on the Amazingbids web site.
10.4 Users are prohibited from creating, distributing or using any program, instrument or device to breach the security measures in place on the Amazingbids web site, any breach and Amazingbids will claim damages against any and all persons concerned with the breach or security failure.
10.5 Users will be liable for all resulting liability, loss or damages incurred by Amazingbids (including its owners, directors, employees, suppliers, Internet service providers, affiliates, agents, subsidiaries, platform licensor and hosting provider, co-branders or other partners, and shareholders) in the event a User commits any offence referred to in sections 85 to 88 of the ECT Act.
11.1 No person, business or web site may link to any page on this site without written consent from Amazingbids.
11.2 Hyperlinks are provided on this web site to web pages that do not form part of Amazingbids. Such links do not imply any endorsement, agreement on or support for the content of web pages not forming part of the Amazingbids web site.
11.3 Amazingbids is in no way responsible or liable for the content, access or inability to access such web pages not forming part of Amazingbids web site.
12. OTHER PROVISIONS
12.1 In the event that any of the terms of this Agreement are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
12.2 These Terms and Conditions, including any documents referenced herein, represents the entire agreement between you and Amazingbids regarding your relationship with Amazingbids and use of the Site and supersedes any prior statements or representations.
12.3 Amazingbids may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use.
12.4 The services on this Site are provided to you personally and you must never resell or trade your rights to use the services on this Site to another person or persons nor permit any third party to use the services on this Site.
13. UPDATING OF THESE TERMS AND CONDITIONS
13.1 Amazingbids reserves the rights to change, modify, add to or remove from portions or the whole of these Terms and Conditions at any time without notice. Changes to these Terms and Conditions will become effective upon such changes being posted to this web site.
13.2 It is the User’s obligation to periodically check these Terms and Conditions for changes or updates.
13.3 The User’s continued use of this web site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
14. SOCIAL NETWORK PLATFORM
14.1 Amazingbids has launched a social network platform that offers buyers and sellers a platform to connect, communicate and provide feedback to each other.
14.2 Amazingbids also offers an Incentive Bonus Point System through its Social Network Platform, which allows you to accumulate bonus points, which follows a ranking system, thereby increasing your chances of winning prizes.
14.3 In order to access the Social Network Platform and take part in the Incentive Bonus Point System you must register and take out a subscription with Amazingbids.
14.4 Members are people or businesses who register and take out a subscription with Amazingbids.
14.5 Members use of the Social Network Platform and Social Network, and all its licensed and developed code and all content, is the Members sole responsibility and risk. The Social Network Platform and all code and content are provided on an “as is” and “as available” basis. Amazingbids and each Member expressly disclaims all representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, system integration, quiet enjoyment, title, and non-infringement. Neither Amazingbids nor any Member makes any warranty that the Social Network Platform, or and code or content will meet your requirements or be uninterrupted, timely, secure, or error-free.
14.6 Amazingbids (including its owners, directors, employees, suppliers, Internet service providers, affiliates, agents, subsidiaries, platform licensor and hosting provider, co-branders or other partners, and shareholders) shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses or liability (even if Amazingbids has been advised of the possibility of such damages), of any nature incurred by whomever and resulting from:
14.6.1 use of the Social Network Platform;
14.6.2 inability to use the Social Network Platform;
14.6.3 access or inability to access the Social Network Platform;
14.6.4 access or inability to access web sites linked to the Social Network Platform;
14.6.5 services and/or products provided by the Social Network Platform;
14.6.6 content or information provided on the Social Network Platform;
14.6.7 downloads and use of content from the Social Network Platform;
14.6.8 any other reason not directly related to Amazingbids gross negligence.
14.7 Members agree to indemnify, defend and hold harmless Amazingbids (including its owners, directors, employees, suppliers, Internet service providers, affiliates, agents, subsidiaries, platform licensor and hosting provider, co-branders or other partners, and shareholders) from and against any claim, demand, loss, damages, cost, or liability (including reasonable attorneys’ fees) arising or relating to:
14.7.1 any content you submit, post, transmit, or make available through the Social Network Platform;
14.7.2 use or misuse of the Social network Platform;
14.7.3 connection to the Social Network Platform;
14.7.4 Members violation of these terms; or
14.7.5 Members violation of any rights (including intellectual property rights) of a third party.
14.8 The Social Network Platform is an extension of the Amazingbids web site. If you use the Social Network Platform, or operate a Platform Application, you are required to comply with, and are subject to all the terms and conditions referred to in the paragraphs 1 to 14 above.
15. ESCROW SERVICE
15.1 The parties agree that payment for and delivery of the goods shall be governed by the provisions of this clause.
15.2 For the purpose of this clause the following terms will have the meanings assigned to them:
15.2.2 “Price” means the highest bid which the Buyer is obliged to pay the Seller for the goods;
15.2.2 “Escrow Account” means a bank account held by Amazingbids into which the Purchaser will pay the Price pending release as set out in this clause.
15.2.3 Reference to goods shall include reference to services where the context so indicates.
15.3 The procedure for payment for and delivery of the goods shall be as set out in this clause, but Amazingbids may publish supplementary procedures on the Amazingbids Website, which the Buyer And Seller agree they have read and understood, and which are deemed to form part of this agreement.
15.4 Where services have been sold at auction, delivery of the service shall be deemed to have taken place Upon the commencement of provision thereof.
15.5 Payment of Bid. The Buyer shall pay the Price into the Escrow Account within a certain period after The Auction closes. This time period will be set out on the Amazingbids Website, and Amazingbids Reserves the right to amend this period from time to time without notice to the Buyer. The Buyer must Consult the Amazingbids Website to determine what this time period may be.
15.6 If the Buyer fails to make timeous payment, the holder of the second highest bid shall be deemed to have replaced the Buyer as the winner of the auction. The Buyer agrees that in these circumstances The sale between Buyer and Seller shall be cancelled, and the Buyer shall have no recourse against Either the Seller or Amazingbids for any damages suffered as a result.
15.7 Dispatch. Amazingbids shall notify the Seller as soon as it becomes aware that the Buyer has made Payment of the Price, and the delivery of the goods shall be as set forth hereunder:
15.7.1 The Seller must dispatch the goods within a certain period after Amazingbids has confirmed Payment. This time period will be set out on the Amazingbids Website, and Amazingbids Reserves the right to amend this period from time to time without notice to the Seller. The Seller Must consult the Amazingbids Website to determine what this time period may be.
15.7.2 The Seller shall dispatch the goods to the Buyer by means of a reputable courier or other dispatch Service which allows for the tracking of the goods in transit.
15.7.3 Dispatch of the goods shall be made at the Seller’s cost.
15.7.4 The Seller shall transmit the tracking or reference number to Amazingbids upon dispatch of the goods, and the Seller shall be deemed to have dispatched the goods upon receipt by Amazingbids of the tracking / reference number.
15.8 Delivery. Upon receipt of the tracking / reference number, Amazingbids shall advise the Buyer thereof, as well as the Waiting Period, and delivery of the goods will then proceed as follows:
15.8.1 Amazingbids shall publish delivery periods on the Amazingbids Website from time to time which in Its opinion constitute a reasonable time within which delivery of the goods can be expected
( “the Waiting Period”).
15.8.2 Upon delivery of the goods to the Buyer, the Buyer shall advise Amazingbids in the manner set out On the Amazingbids Website from time to time as follows:
15.8.3 That the goods were received in good order, or
15.8.4 That the goods were not as advertised by the Seller in the online auction on the Amazingbids Website, or
15.8.5 The goods were damaged in transit.
15.9 Should the Buyer not have advised Amazingbids as set out above within the Waiting Period, Amazingbids shall send the Buyer a reminder to do so. Should the Buyer still not have responded Within a period of 7 (seven) days of such reminder, in that case the goods will be deemed to have Been delivered in good order.
15.10 Should the Buyer advise Amazingbids after the Waiting Period has passed that the goods have Not been delivered, in that event the transaction shall be frozen for a period of 30 (thirty) days
Within which time:
15.10.1 Both the Buyer and Seller may attempt to locate the goods using the tracking or reference number.
15.10.2 Should the Seller furnish Amazingbids with documentation which in Amazingbids reasonable Opinion constitutes proof that the goods have been delivered, the goods shall be deemed to Have been delivered, notwithstanding any denial by the Buyer.
15.10.3 Should the goods not have been delivered within the 30 (thirty) days period set out above, The goods shall be deemed to have been lost in transit.
15.11 Finalisation. Depending upon the responses given by the Buyer above Amazingbids shall
Do the following:
15.11.1 Where the goods were received in good order, Amazingbids will release the Price from the Escrow Account to the Seller and close the transaction.
15.11.2 Where the goods were not as advertised, the Buyer must return the goods to the Seller at his own Cost and risk, and upon receipt of the goods by the Seller, Amazingbids shall refund the Price to The Buyer. Should any dispute arise as to the return of the goods, the same procedure shall be Followed as with delivery to the Buyer, with the appropriate changes made (mutatis mutandis).
15.11.3 Where the goods are lost or damaged in transit, the Buyer shall bear the loss, unless he has taken Insurance on the goods.
15.12 Ownership and Risk.
15.13 Ownership in the goods shall pass to the Buyer upon receipt by Amazingbids of confirmation That the goods have been received in good order.
15.14 Risk of loss in the goods shall pass to the Buyer upon dispatch thereof by the Seller.
15.15 Amazingbids may offer insurance services through the Amazingbids Website which will allow The Buyer at his own cost to insure the goods in transit.
15.16 Operation of the Escrow Account. The Escrow Account will be operated by Amazingbids, And monies paid into it by the Buyer will be held on behalf of the Buyer, to be released as set
Out in this clause:
15.16.1 Interest earned on monies so held will accrue to the benefit of Amazingbids.
15.16.2 Amazingbids may operate any number of bank accounts in performing this
15.16.3 Amazingbids may at its sole instance transfer the funds to another account held
15.16.4 The details of the bank account into which the Price should be paid will be advertised by Amazingbids on the Amazingbids Website from time to time.
15.17 Amazingbids Fee. Amazingbids shall be entitled to a fee at a rate calculated as set out on the Amazingbids Website from time to time. The obligation is on the Seller to ensure that he is Cognisant of such fee. The levy of the fee is subject to the following:
15.17.1 Amazingbids shall be entitled to deduct its fee from the amount held in the Escrow Account At any time after payment by the Buyer of the Price into the Escrow Account.
15.17.2 The fee shall be due and payable on payment of the Price into the Escrow Account and is not Refundable, notwithstanding any subsequent event including without limitation any defect in, Damage to or loss of the goods.
15.17.3 When releasing the Price from the Escrow Clause to the Seller as set out in this clause, Amazingbids will make payment of the Price less its fee, which the Seller agrees is a reasonable Fee for provision of the auction service by Amazingbids.
15.18 Disputes. Amazingbids is an auction operator and does not offer dispute resolution services. Should Any dispute arise between the parties, they are advised to seek legal advice and take the matter up in The civil courts. Amazingbids will not act as a mediator or arbitrator between the parties.
15.19 Disclaimer and Indemnity. Amazingbids offers parties the opportunity to participate in auctions Online and has no knowledge of any particular goods advertised on the Amazingbids Website.
It is moreover not a vendor and is hence not itself offering goods for sale. Consequently the Buyer and Seller (“the Parties”):
15.19.1 Indemnify and hold harmless Amazingbids in respect of any claim by the other Party or a third Party relating to or arising from use of the Amazingbids Website, the operation of the Escrow Account or this agreement, whether such claim be for direct, indirect or consequential damages Of any kind or any loss of profit or special damages whether in contract or in delict and whether In the contemplation of the parties or not.
15.19.2 Agree that Amazingbids shall under no circumstances whatever be liable for and shall be exempted From any direct, indirect or consequential damages of any kind or any loss of profit or special Damages of any kind, whether in contract or in delict and whether in the contemplation of the parties Or not, which the Parties (whether jointly or individually) may suffer as a result of use of the Amazingbids Website, the operation of the Escrow Account or this agreement, or any negligent Act or omission on the part of Amazingbids its employees, officers or agents.