we are committed to the provisions and the spirit of the Consumer Protection Act No. 68 of 2008. As it is new law, difficulties concerning the interpretation and the application of the law will inevitably arise. We invite you to contact the Company if you feel that we have not complied with the spirit or the letter of the law so that we can take corrective action, if required. If any of the Company’s Terms and Conditions conflict with the provisions of the Consumer Protection Act, the latter shall prevail.NOW THEREFORE: 1. GENERAL
1.1 When accessing and/or using the website located at www.MyCars.co.za (the "Website") you are entering into a legally binding contract with MyCars Asset Disposals CC (the “Company”), upon the terms of these terms and conditions (the "Terms"). MyCars Asset Disposals CC is a close corporation incorporated in the Republic of South Africa under registration number 2005/100521/23 and whose registered office is at 373 Timothy Street, Waterkloof Glen, Pretoria, 0010 (hereinafter referred to as " MyCars.co.za " or "we" or "us" or "our"). “You”/”your” shall mean the user of the Website, including users who are registered or not with us, and where applicable, advertisers.
1.2 These Terms apply to the entire contents of the Website and to any correspondence between us and you. Using and/or accessing the content displayed on the Website indicates that you accept these Terms and agree to be bound by them regardless of whether or not you choose to register as a user or a provider of content on the Website. If you do not accept these Terms, please refrain from using and/or accessing the Website.
1.3 We reserve the right to alter these Terms at any time and it is your obligation to check whether amendments have been made thereto. Your use of the Website after amendments are posted on-line shall constitute acceptance of the amendments in and to the Terms.
1.4 On the Website we provide online information, resources, mechanisms and a platform whereby Sellers and Buyers can place/post vehicles on the Website, which are offered for sale and/or sold.2. ACCESS TO AND AVAILABILITY OF THE WEBSITE
2.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend or temporarily suspend the service provided on the Website without notice, in the case of system failure, maintenance or repair or for reasons beyond our control. From time to time, we may further restrict access to some parts of the Website, or the entire Website, to you.
2.2 The Company will endeavour to ensure the accurate, secure and reliable operation of the Website and its 24 hour a day availability, and will take any steps it deems necessary to preserve the aforesaid. We do not however guarantee that the information on the Website, any tools available on the Website including calculators, software or content including photographs, dates, venues or times will be error free or meet any particular criteria or accuracy, completeness or quality and we will furthermore not be liable if, for any reason, the Website is unavailable at any time or for any period.3. PROVISION OF SERVICES
3.1 The Company will provide you with the Services, being the facilitation of a process for making and receiving offers on vehicle listings on the Website. By making an offer on any vehicle listed on the Website, you warrant that you understand that making an offer is not entering into a bidding process, and the vehicle owner, in its sole and unbiased discretion, and for whatever reason retains the right to accept or reject any offer at any time.
3.2 The Company will provide you with a username and password in order to login as required.
3.3 The Company reserves the right to alter or vary your preferred username and password at any time and will notify you of any such alteration, by email.
3.4 The Company shall charge an agreed once off listing fee for the service rendered in listing the vehicle(s) on the Website. The listing fee shall be payable by the User upon the listed vehicle being sold or withdrawn from the Website.
3.5 You will be required to provide all necessary equipment, network connections and software to access the Website, in order for us to provide you with the Services.
3.6 The Company reserves the right to restrict and/or terminate the Services to you at any point in time if, in its sole and absolute discretion, it elects to do so and without having to furnish any reasons for doing so.4. CONSUMER PROTECTION ACT NO 68 OF 2008
4.1 If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "CPA"), it is not intended that any provision of these Terms contravene any provision of the CPA. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.
4.2 No provision of these Terms (or any contract governed by these Terms):
4.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
4.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
4.2.3 limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the CPA (to the extent applicable) or which we give under the CPA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.5. LICENCE
5.1 We hereby authorise you to view, copy, download to a local drive, print and distribute the content of the Website, or any part thereof, provided that such content is used for personal use and for information purposes only.
5.2 You may only use, reproduce and/or access content available on or through the Website for personal, non-commercial purposes, or for commercial purposes once you have obtained our express written consent and you agree not to use the contact details provided by advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.
5.3 You may only access and/or use the Website by using your login details, for legal purposes.
5.4 You may not disclose your login details to any third party and you must maintain the confidentiality of your login details to prevent any unauthorised login.
5.5 By using the Website you agree to follow generally acceptable internet etiquette and in your use thereof you indemnify and hold the Company free from liability in respect of any loss or damage of whatever nature caused as a result of you using the Website.
5.6 You agree not to use any contact details including but not limited to telephone numbers, email addresses, street addresses, obtained from the Website, to contact any of the Company’s Users in order to offer to sell their vehicles except if the User has agreed to this, in which case it will be clearly stipulated on the Website. Should the User have agreed to be contacted for this purpose, you hereby agree not to negotiate any commission scheme with the User, but by contacting the User, you agree to his terms for his sale as stated on the Website.
5.7 You agree to follow all laws applicable to the intellectual property rights of all content and available services accessed by means of the Website.
5.8 Your right to access Website does not provide you with any intellectual property, content, trademark, copyright, registered designs, patents, domain names, know-how, trade secrets rights of the Company or the Website or any of our service/content providers.
5.9 You shall not resell any content, nor may you use any of the Website content for monetary gain, unless permitted to do so in writing by the Company and where applicable, the service provider concerned.
5.10 You may not copy any software, including any source code relating to the Website, or reproduce any part of any content or service without written permission from the Company, or use any software and/or content in any work or publication, whether in print, electronic medium or otherwise and whether for gain or not and you furthermore may not compromise the security or tamper with any information, data, resources, accounts or records on the Website.
5.11 The caching of the Website shall only be allowed if:
5.11.1 the purpose of the caching is to make the onward transmission of the content from the Website more efficient;
5.11.2 the cached content is not modified in any manner whatsoever;
5.11.3 the cached content is updated at least every 12 (twelve) hours; and
5.11.4 the cached content is removed or updated when so required by us.
5.12 If you use content from the Website in breach of the provisions detailed herein:
5.12.1 we reserve the right to claim damages from you; and
5.12.2 we will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party.
5.13 Hyperlinks to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.14 The Website and content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies.
5.15 Hyperlinks to the Website from any other source shall be directed at the home page of the Website. We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. Should you wish to link to content beyond the home page of the Website, you will do so at your own risk and you agree to indemnify us against any loss, liability or damage that may result from content on the Website, if such content was accessed through a hyperlink not directed at the home page of the Website. The exclusion of our liability for deep linking is based on the fact that deep links bypass these Terms.
5.16 Apart from bona-fide search engine operators and use of the search facility provided on the Website by you, you may not use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purposes, without our prior written consent.
5.17 All licenses and/or permissions granted in terms of this clause 5 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by us at any time without giving reasons therefore.6. YOUR CONDUCT
6.2 You are prohibited from posting or transmitting to or from the Website any material:
6.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
6.2.2 for which you have not obtained all necessary licences and/or approvals; or
6.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
6.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.3 you may not misuse the Website (including, without limitation, by hacking).
6.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 6.2 or clause 6.3.7. CONTENT DISPLAYED ON THE WEBSITE
7.1 Content is provided by Buyers and Sellers (“Users”) and we do not control, and are not responsible for content, messages between Users, including without limitation e-mails outside our e-mail system or other means of electronic communication, whether through the Website or another third party website. We do not pre-screen or approve any content, but we reserve the right, in our sole and absolute discretion, to refuse, delete or move any content that is or may be available on our Website.
7.2 We do not endorse any content or any opinion, statement, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing content if properly notified that such content infringes on another's intellectual property rights.
7.3 Should you feel that any content you view on the Website does not comply with the standards set out in clause 6.2, or that such content infringes your rights and/or the rights of any third party, please contact us as soon as reasonably practicable.8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property including content, trademarks, data, names and logos on or embodied in the Website or Website content, including but not limited to software, databases, text, graphics, icons, hyperlinks, personal information, and designs, whether registered or not, are the proprietary marks / property of / licensed to us and are protected by legislation.
8.2 Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trademarks, names or logos.
8.3 Except as expressly permitted by these Terms, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website or authorise any person, or procure any other person to do so. In particular, you may not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website, or authorise or procure any other person to do so, without our express written permission.9. TRADING ON THE WEBSITE
You hereby agree and acknowledge that the Company:
9.1 does not represent itself as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any vehicle offered for sale and/or sold on the Website;
9.2 has absolutely no control over, nor represents to have any control over any of the sales on the Website unless otherwise stated;
9.3 has absolutely no control over whether, nor represents that the vehicles offered for sale on the Website are legally able to be sold unless otherwise stated;
9.4 cannot guarantee, nor represent that the descriptions of any vehicles and services on the Website will be accurate;
9.5 has absolutely no control over, nor represents or confirms that a Seller or Buyer will perform their respective sale and purchase obligations of vehicles or services auctioned or bought on the Website unless otherwise stated;
9.6 cannot and does not control, nor represent or confirm that a Buyer will pay for the vehicle that he/she has successfully bid for in an auction on the Website;
9.7 cannot and does not control, nor represent or confirm that any vehicles and services will be delivered to a respective Buyer by the respective Seller unless otherwise stated;
9.8 cannot and does not represent nor confirm that each Buyer and Seller is who they claim to be;
9.9 cannot and does not represent nor confirm that the Company can exercise any practical control over what feedback, comments or rating scores will be provided about you pursuant to the Rating Systems Rules;
9.10 does not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the vehicles on the Website for auction, the acceptance of such offer nor the acceptance of the bid by the Seller unless otherwise stated.
9.11 may charge a handling fee of 1.5% on cash deposits.10. THE SELLER (Non Standard Bank)
10.1 The Seller may post the vehicles that he/she wishes to offer for sale on the Website.
10.2 The Seller agrees and warrants to the Buyer of the vehicle(s) and separately to the Company that his/her information:
10.2.1 is accurate and not false, misleading, deceptive or fraudulent;
10.2.2 does not breach any Intellectual Property Rights of a third party;
10.2.3 is made in compliance with all applicable laws, government regulations or guidelines;
10.2.4 is not forged, threatening or offensive or otherwise constitutes harassment;
10.2.5 does not contain confidential information or trade secrets of a third party unless he/she has obtained the consent of the third party owner;
10.2.6 does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
10.2.7 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
10.2.8 does not contain child pornography, adult pornography bestiality or any other obscene or offensive material;
10.2.9 he/she is the legal owner of the goods and services he/she is offering for sale on the website and that he/she has the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
10.2.10 he/she will not hyperlink to or include descriptions of vehicles and services that he/she is not offering for sale on the Website.
10.3 In addition, the Seller represents and warrant to the Company, and separately to the successful Buyer that the vehicle(s) he/she offers for sale, and sells, on the Website:
10.3.1 is reasonably fit for the purpose or purposes for which the vehicle(s) of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of the vehicle(s) and their price; and
10.3.2 corresponds with the description that he/she has posted on the Website; and
10.3.3 is not defective; and
10.3.4 is free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of the vehicle;
10.3.5 will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;
10.3.6 is legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of the vehicle(s) is not in contravention of any law.
10.4 The Seller may set a reserve price, or minimum price for the vehicle, but that reserve price or minimum price, as the case may be, must not be set out in the information provided about the vehicle to which that reserve price or minimum price, whichever is applicable, applies, or otherwise disclosed to any person at any time.
10.5 Unless otherwise stated, any value will be construed to refer to South African Rands.
10.6 Selling prices will be considered to include VAT unless otherwise stated.11. THE BUYER
11.1 The Buyer agrees and warrants to each Seller and separately to us that your information:
11.1.1 is accurate and not false, misleading, deceptive or fraudulent;
11.1.2 does not breach any Intellectual Property Rights of a third party;
11.1.3 is made in compliance with all applicable laws, government regulations or guidelines;
11.1.4 is not forged, threatening or offensive or otherwise constitutes harassment;
11.1.5 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
11.1.6 does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
11.1.7 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
11.1.8 you have the legal capacity to purchase any vehicles that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services.
11.2 The Buyer will not bid for any vehicles on the Website unless he/she is able, and has sufficient, available capacity to pay for vehicle(s).
11.3 The Buyer acknowledges that the purchase of any vehicle(s) on the Website is absolutely at his/her own risk.
11.4 The Buyer acknowledges that to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to the vehicle(s), in all of the Seller's dealings in connection with the vehicle(s) that the Buyer may purchase from the Seller on the Website.12. CONDUCT OF AUCTION
The rules for conducting auctions on the Website are as follows:
12.1 A User must not engage in bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price.
12.2 No bids below the stated minimum price (if there is one) will be accepted.
12.3 Should the highest bid does not reach the reserve price (if there is one), then no bid will be regarded as having been successful unless otherwise stated.
12.4 All bids are final and not retractable by the Buyer and a Buyer shall be deemed to be the successful bidder should the Seller accept his/her offer.
12.5 Should the Buyer be a successful bidder as determined by the Seller’s acceptance, or deemed to be accepted, by the Seller, the Buyer must complete the purchase of the vehicle, save in exceptional circumstances such as the following:
12.5.1 the description of the vehicle materially altered following the commencement of bidding; or
12.5.2 the Buyer is unable to authenticate the identity of the Seller; or
12.5.3 the Seller fails to deliver or provide viewing of the vehicle (or fails to procure delivery thereof, as required) to the Buyer, by the date agreed between the Seller and Buyer.
12.6 If a Seller accepts a bid on its vehicle it must complete its sale of vehicle to that Buyer save in exceptional circumstances such as the following:
12.6.1 the Buyer fails to complete the purchase of the vehicle (for example, the Buyer fails to pay for the vehicle); or
12.6.2 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 vehicle.13. ELECTRONIC COMMUNICATION
By using or accessing the Website or communicating with us by electronic means, indicates your consent to such form of communication and your acknowledgement that any and all agreements notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing". Accordingly, you accept any risks which may feasibly arise from electronic communications and furthermore that inasmuch as communications may require to be “written” between you and us, these electronic communications suffice for that purpose.14. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services and content available from the Website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 2002 ("ECT Act") and therefore Users have the rights detailed in Chapter 7 of the ECT Act and we have the duty to disclose the following information:
14.1 The full name and legal status of the Website owner: MyCars Asset Disposals CC
14.2 Street address: 373 Timothy Street, Waterkloof Glen, Pretoria, 0010
14.3 Postal address: 373 Timothy Street, Waterkloof Glen, Pretoria, 0010
14.4 Physical address for receipt of legal service: 373 Timothy Street, Waterkloof Glen, Pretoria, 0010
14.5 Main business: The main business of the Company is online system development
14.6 The Website address of the Website is: www.mycars.co.za
14.7 Membership of self-regulatory or accreditation bodies: TBC
14.8 Codes of conduct to which the Website subscribes:TBC
14.9 Management: The identities and contact details of the management team are available from: firstname.lastname@example.org
14.10 Management information of MyCars.co.za is available from: email@example.com
14.11 Costs: N/A
14.12 Complaints regarding the Website: firstname.lastname@example.org. INTERCEPTION OF COMMUNICATIONS
15.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, you agree to our right to intercept, block, filter, read, delete, disclose and use all communications send or posted by you to the Website or to our staff and employees. The RIC Act may be downloaded from: http://www.polity.org.za/pdf/RegOfInterOfCommAct70.pdf
15.2 Subject to the provisions of the ECT Act, you agree and acknowledge that the consent provided by you in clause 15.1 satisfies the “writing” requirement.16. DATA PROTECTION AND SECURITY
17.2 We undertake to use our best endeavours to maintain the privacy of the information you have divulged to us during the course of utilising the Website. For this purpose, we have taken measures to ensure that information supplied to us is held securely. As a consequence, we may occasionally request proof of identity before allowing access to your information. However, by providing us with your details, you agree to us:
17.2.1 utilising your information to communicate further with you in future regarding matters which we believe might be of interest or relevant to you;
17.2.2 storing your information in our database for future reference and for purposes of the above; and
17.2.3 utilising your information for statistical purposes.
17.3 For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information obtained or collected by us with the Police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. This will include public authorities, insurance companies, finance companies, automotive advertising companies and/or other agencies. Information shared in this way will not be used for marketing purposes.
17.4 Any credit card information collected will be done so over a secure connection. Credit card information is used solely for the purpose of payment processing. We retain no record of credit card details.
17.5 Amendments and updates to this policy may be made from time to time. Any revisions will be posted on this page and you are urged to familiarise yourself from time to time with the content of this page.18. DISCLAIMER AND LIMITATION OF LIABILITY
18.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website, the quality or accuracy or suitability for a particular purpose of any content or available service on the Website or for the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free and/or safe and/or secure.
18.2 The Website is supplied on an "as is" and “as available” basis and has not been compiled or supplied to meet the User's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
18.3 While we endeavour to ensure and take all reasonable steps that the content and information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website and same may contain technical inaccuracies and typographical errors. We expressly exclude all liability for any illegality arising from such inaccuracies and typographical errors and reserve the right to make changes to the material on the Website at any time without notice. The material on the Website may furthermore be out of date, and in this regard, we make no commitment to update such material.
18.4 Routine maintenance and servicing of our servers and equipment will need to be carried out from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available on-line.
18.5 We make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. I t is your responsibility to ensure that you use appropriate virus checking software.
18.6 We expressly disclaim any and all implied warranties, and we furthermore give no warranties, conditions, guarantees or representations, expressed or implied, as to:
18.6.1 the completeness or accuracy of information or any advice that may contained on the Website or any website to which it is linked;
18.6.2 the content of the advertisements for vehicles appearing on the Website, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
18.6.3 the completeness of the results of any search conducted on the Website or that the vehicles revealed by such search are the only vehicles on our database which might meet the requirements of your search.
18.7 Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Website.19. BREACH
In the event of breach by a User of these Terms and should the User fail to remedy such breach within 48 hours after receipt of a notice to that effect from the company or should a User repeatedly breach these Terms in such a manner that the User’s conduct is inconsistent with the intention or ability of the User to carry out these Terms, the Company shall be entitled, in its sole and absolute discretion, without prejudice to its rights in law or in terms hereof, without notice to terminate this agreement and recover all and any costs related to such termination and/or terminate, without notice, a User’s access to the Website and/or any of the Company’s services which a User may have subscribed to.
20.1 The Company shall, at its option and notwithstanding that the amount of its claim or the nature of the relief sought exceeds the jurisdiction of the Magistrates’ Court, be entitled to institute action out of such court.
20.2 In the event of a User breaching any of its obligations and/or failing to timeously make payment of any amount to the Company, the User agrees to pay, and shall be liable to pay, all debt collection and legal costs incurred by the Company in enforcing its rights in terms of these terms and conditions. Legal costs shall be recovered on an attorney/own client scale including collection commission, tracing agent’s fees, air fares and export fees.21. ADDRESSES AND NOTICES
21.1 For the purpose of this agreement, including the giving of notices in terms hereof and the serving of legal process, the parties choose domicilium citandi et executandi ("domicilium") as follows:
21.1.1 the Company at the address to be found in Clause 1.1 on the first page of this agreement;
21.1.2 the User(s) at the address to be found in the information submitted by same in terms of their registration to use the Website, in terms of this agreement;
21.2 A party may at any time change its domicilium by notice in writing. Provided that the new domicilium consists of, or includes, a physical address at which process can be served.
21.3 Any notice given in connection with this agreement may be delivered by hand; or be sent by prepaid registered post; or be sent by prepaid telegram or cablegram; or be sent by telex or telefax if the domicilium includes a telex or telefax number, to the domicilium chosen by the party concerned. Any notice or process delivered on any party in connection with any matter or subject arising out of this agreement or any notice shall be deemed to have been delivered if handed to any responsible person at the domicilium chosen by any party and it shall not be necessary to hand such process or notice to any party personally.
21.4 A notice given as set out above shall be presumed to have been duly delivered:
21.4.1 on the date of delivery if delivered by hand, telex or telefax;
21.4.2 on the 4th (fourth) day from the date of posting including the date of posting if posted by pre-paid registered post from within the Republic of South Africa; and
21.4.3 on the 14th (fourteenth) day from the date of posting including the date of posting if posted from outside the Republic of South Africa.22. DISPUTE RESOLUTION
22.1 If the parties are unable to resolve any dispute resulting from this agreement by means of joint co-operation or discussion between the parties directly involved with the execution of this agreement, within 1 week after a dispute arises or such extended time period as the parties may in writing allow, then such a dispute will be submitted to the most senior executives of the parties who shall endeavour to resolve this dispute, within 5 calendar days of it having been referred to them.
22.2 Should the dispute not be resolved in the aforesaid manner, then it will be resolved by way of arbitration, in accordance with the provisions contained in Clause 23 of this agreement.23. ARBITRATION
23.1 A dispute between the parties relating to any matter arising out of this agreement or the interpretation thereof will be referred to arbitration, by either of the parties, by way of a Notice to the other party, in which Notice particulars of the dispute are set out.
23.2 Arbitration proceedings will be held in Johannesburg and will be held in a summary manner, in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA), which shall mean that it will not be necessary to observe or carry out:
23.2.1 the usual formalities of procedure (e.g. there shall not be any pleadings nor discovery);
23.2.2 the strict rules of evidence; and
23.2.3 immediately and with a view to its being completed within 30 calendar days after it is demanded.
23.3 The arbitrator for such arbitration proceedings shall:
23.3.1 if the matter in issue is primarily an accounting matter, be an independent auditor with at least 10 years experience, agreed upon by the parties and, failing agreement, nominated by the chairperson for the time being of the South African Institute of Chartered Accountants; or
23.3.2 if the matter in issue is primarily a technical matter, be a suitably qualified person agreed upon by the parties and, failing agreement, nominated by the Secretariat for the time being of AFSA; or
23.3.3 any other matter, be a practising advocate or attorney, admitted in accordance with the legislation of the law governing the this Agreement, with at least 10 years experience, agreed upon by the parties and, failing agreement, nominated by the chairperson for the time being of the Law Society of South Africa; or
23.3.4 in the event that the parties are unable to agree whether the nature of a dispute is primarily of an accounting nature, technical nature of any other nature, then the nature of that dispute shall be decided by a practising advocate or attorney, admitted as such in accordance with the legislation of the law governing this Agreement, with at least 10 years experience, agreed upon by the parties and, failing agreement, nominated by the chairperson for the time being of the Law Society of South Africa.
23.4 The decision of the arbitrator will be final and binding on the parties, who shall summarily carry out that decision as soon as possible and either of the parties will be entitled to have the decision made an order of any court with competent jurisdiction.
23.5 The “arbitration” clause in this agreement will be severable from the rest of this agreement and will remain effective between the parties after this agreement has been terminated.
23.6 No clause in this agreement which refers to arbitration will mean or be deemed to mean or interpreted to mean that either of the parties will be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.24. GENERAL
24.1 This agreement constitutes the entire agreement between the Company and the User(s) with regard to the subject matter hereof and shall govern all future contractual relationships between the Company and the User(s) and no other agreements, guarantees or representations, either verbal or in writing, in regard thereto upon which a User relies in concluding this agreement, shall be of no force or effect.
24.2 The Company reserves the right in its sole discretion to vary or amend these Terms from time to time by way of posting a notification to that effect on the Website and any such amended or varied Terms shall be binding on the User from the time that the User(s) is notified thereof. The User(s) shall be responsible for reviewing the new Terms and its continued use of the Website will indicate its acceptance thereof.
24.3 The Company reserves the right to assign, cede or subcontract any or all of its rights in terms of these Terms to a third party without prior notice to the User(s). If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days of posting such notification on the Website.
24.4 The User(s) shall not cede its rights nor assign its obligations under these Terms.
24.5 No relaxation or indulgence which the Company may grant the User(s) shall prejudice or be deemed to be a waiver of any of the Company’s rights in terms of these Terms.
24.6 In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining Terms. The remaining terms and conditions shall not be affected by such unenforceability or invalidity, as each of the Terms shall be separate and divisible and shall remain enforceable and applicable.
24.7 The User(s) undertakes to notify the Company within 7 (seven) days of any change of address or change of director, member or shareholder, or any other information.
24.8 The User(s) acknowledges that no representations were made by the Company in regard to the goods or services or any of the qualities related thereto, leading up to the conclusion of this agreement.
24.9 The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms, in all respects.
24.10 The clause headings in these Terms are for convenience and shall not be used in their interpretation.
24.11 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders; a natural person includes an artificial person and vice versa; and the singular includes the plural and vice versa.
24.12 Credit card deposits refunds may take up to 11 working days excluding public holidays to be processed.
25. Standard Bank Auctions
25.1 To participate within a Standard Bank Repossessed Auctions located in Cape Town, Kwzulu-Natal, Port Elizabeth and East London you need to do and note:
25.1.1 Confirm your personal details.
25.1.2 Pay the R5000 deposit after offer acceptance by means of an EFT (Electronic Funds Transfer).
25.1.3 Administration fee of R2875 will be payable by the buyer which will be additional to the offer amount.
25.1.4 Deposits are refundable after you have viewed the physical asset.
25.1.5 If the asset is not collected within the set date after clearance of funds, you as the buyer will be liable to pay the outstanding storage fees.
25.1.6 You confirm that all details provided to us are correct, that the credit card or account you use is your own and that sufficient credit/funds are available to allow for a successful transaction.
25.2 To participate within a Standard Bank Repossessed and/or Prestige Auctions located in Gauteng you need to do and note:
25.2.1 Confirm your personal details.
25.2.2 View the asset prior to the auction start date at the given location.
25.2.3 Pay the auction registration deposit of R5000 by means of the Credit Card payment system.
25.2.4 Obtain a pre-approval before taking part in an auction if you are going to apply for finance.
25.2.5 Deposits are NOT refundable after acceptance of your offer by the seller.
25.2.6 If the asset is not collected within the set date after clearance of funds, you as the buyer will be liable to pay the outstanding storage fees.
25.2.7 You confirm that all details provided to us are correct, that the credit card or account you use is your own and that sufficient credit/funds are available to allow for a successful transaction.
25.2.8 Administration fee of R2875 will be payable by the buyer which will be additional to the offer amount.