boitshenolo auctioneers
TERMS AND CONDITIONS

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www.boitshenoloauctioneers.com is owned and operated by Boitshenolo Auctioneers, a company registered and existing under the laws of South Africa.

Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website, mobile app, and other products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.

By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy.  If you do not agree to these Terms, you are not allowed to use our Services. Any new or updated features or tools that are added to the current website, mobile app, and our services shall also be subject to these Terms of Service.

 

Definitions

“Our website” or “this website” – refers to www.boitshenoloauctioneers.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, “Website”) owned and operated by Boitshenolo Auctioneers.

“We”, “Us”, and “Our”– shall be used interchangeably and shall refer to Boitshenolo Auctioneers, its owners, its affiliates and/or subsidiaries, and any person or entities associated with Boitshenolo Auctioneers.

“Visitor”– is someone who merely browses this website or uses our app but has not registered an account.

“Member”– is someone that has registered an account with us to make use of our services either as an auction seller or a buyer.

“User” or “Users” or “You”– is a collective identifier that refers to either a Visitor or Member.

 

 “Account”– means an account created by a member to access our Services.

 

 “Services”- shall collectively mean our services, mobile app, content, and our website.

 

“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes Member profile pictures, in-app text or chat, audio recordings, streamed contents, and or other content authored by a User.

 

Legal Compliance

By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.

 

CHANGE TO THESE TERMS

We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Members will be notified through a message sent to their associated account e-mail.

Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.

In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.

These Terms of Service and our Privacy Policy shall govern should any other policies of ours conflict with any provisions of these Terms and our Privacy Policy.

DESCRIPTION OF MARKETPLACE SERVICES

Boitshenolo Auctioneers acts as a marketplace for Sellers to list their services and merchandise for sale and Buyers to purchase services and merchandise. We are in no way involved in the actual transactions between the Sellers and Buyers and we are not responsible for actions made at your sole discretion based on information or services provided through our website.  We are not responsible for, neither shall we be held liable for any loss, claims, demands, or damages arising out of any dispute between a Seller and a Buyer. Selling and Buying services or merchandise on our website is solely at the discretion of the User.

 

ACCOUNT REGISTRATION AND SECURITY

To use certain features of our Services, you will be required to register an account by providing us with certain identifiable personal information (such as your name, date of birth, e-mail address, in some cases, payment information, etc.) and choosing a secure password. All personal information provided is safe and secure. Kindly read our Privacy Policy to see how we use and secure your data.

All personal information you supply us must be accurate, complete, and promptly updated if there is any change, particularly your email address.

Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any payment. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

ELIGIBILITY

Who is eligible to use our Services:  We are happy to have you use our Services, but our Services are limited to eligible Users.

  • You are not permitted to use our Services if you are below the age of 18.
  • You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.
  • You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.

 

WHO CAN BUY ?

 A Buyer must register with Boitshenolo Auctioneers as a Member and must be capable of forming legally binding relations under applicable law. Our services are not available to persons under the age of 18 years old and anyone who is legally prohibited from or incapable of entering into binding contracts.

WHO CAN SELL?

To be a Seller, you must be at least 18 years of age, and the rightful owner of the property or authorized by the owner property to sell an asset. We or the Buyer may request evidence of ownership or authorization to sell an asset.

 

PROCEDURE FOR CONDUCTING MARKETPLACE TRANSACTIONS

Merchandise are listed for specified offering periods as shown on our website and will be deemed “sold” and “closed” once there is a successful electronic payment to the Seller or a promise of payment via a check or money order. Each merchandise will have a detailed description, current price, and additional conditions of sale from the Seller.  Buyers can make offers to purchase merchandise at any time within the offering period and based on the Seller’s predefined selling preference. The Seller determines which mode of payment they accept from the list of acceptable payment methods. After a successful sale, an email will be sent to the Buyer and the Seller detailing the transaction and contact information. By clicking the send payment button and completing a purchase, the Buyer enters into a legally binding agreement with the Seller and shall be obligated to buy the merchandise at the price quoted, the Seller shall be obligated to sell the merchandise to the Buyer according to these Terms and Conditions and subject to any additional conditions of sale specified by the Seller. It is the responsibility of the Seller to process and ship the Buyer’s order within the time frame stipulated, if the Seller fails to ship the merchandise within the time frame, we may limit or suspend their account.  The Buyer and the Seller shall complete the settlement of the purchase and sale of the merchandise according to the “Settlement of Transactions”  section below.

 

SETTLEMENT OF TRANSACTIONS

The settlement of a purchase and sale of merchandise following a completed sale shall be conducted according to this Section unless otherwise provided in the conditions of sale of the Seller or a written agreement executed by the Seller and the Buyer. Unless otherwise provided in the conditions of sale of the Seller or otherwise agreed upon by the Buyer and Seller in writing, the final settlement must take place no later than seven (7) business days after the Buyer is sent a successful sale notice.

 

CONTRACTUAL OBLIGATIONS OF BUYERS AND SELLERS

 These Terms and Conditions, and conditions of sale of particular merchandise provided by the Seller comprise a legally binding contract between the Seller and the successful Buyer who completes a transaction on our website. The Seller and the successful Buyer hereby agree to be bound by these Terms and Conditions and the conditions of sale by the Seller as long as the conditions of sale are not unlawful or in violation of these Terms and Conditions.

If a conflict arises between these Terms and Conditions and the conditions of sale of the Seller,  then these Terms and Conditions shall always prevail, except there is a direct conflict regarding the requirements and timing of settlement provided in the “Settlement of Transactions” Section above, then the conditions of sale of the Seller shall prevail with respect to such provisions.

 

BINDING CONTRACT BETWEEN BUYER AND SELLER

 The Buyer initiates the final sale which is a binding agreement to purchase the merchandise from the Seller at the price stated at the time the Buyer initiated the final sale. The binding agreement between the Buyer and the Seller is an irrevocable offer, subject only to changes in the description of merchandise made after a sale is completed by the successful Buyer. We advise Buyers to conduct research or due diligence of merchandise before finalizing a purchase. (See “Other Responsibilities of Buyers” below for further details). All merchandise is listed and will be sold on an “AS IS” basis. If the Buyer agrees to buy merchandise, the Buyer’s offer is deemed accepted by the Seller (subject to these Terms & Conditions, in addition, the rights of a Buyer to change or retract their offer if there’s a material change in the description of the merchandise, as set forth below), except for typographical error. Once the Seller accepts a Buyer’s bid, the Buyer is obligated to purchase the merchandise at the price they offered according to these Terms and Conditions and the conditions of sale of the Seller. The Seller is obligated to complete the transaction with the Buyer once they receive a verified and valid order for purchase from the Buyer unless there is a typographical error or other conditions stated in these Terms & Conditions.

 

CONDITIONS OF SALE AND PURCHASE

All sales and purchases of merchandise and the of our services by Members shall be conducted in compliance with all applicable laws. Purchases made by the Buyer on our website are without recourse to Boitshenolo Auctioneers.  All Members acknowledge and agree that closing of all sales of merchandise may be subject to final approval by a court (including a bankruptcy court) or related agency and that if such approval is not obtained, Seller may withdraw such merchandise after a completed sale process without any recourse or liability on the part of Seller.

 

BUYER AND SELLER CONTRACT OBLIGATIONS

All Members are considered third party beneficiaries of these Terms & Conditions, and Sellers and Buyers shall be entitled to execute the provisions hereof and may pursue further legal actions against each other for non-performance of any obligation hereof, which includes without limits, non-performance of a purchase and sale after a bidding process is completed. Additionally, we retain the right to terminate a Member’s rights to use our services if such Member violates these Terms & Conditions. The Buyer has to conduct research and any due diligence on the merchandise before making an offer of purchase. Unless otherwise stipulated, the Buyer is responsible for taking all necessary actions to get a sale completed. We retain the rights to terminate a Buyer’s rights to use our services if a Buyer fails to perform his/her obligations to settle on a completed transaction.

 

OTHER RESPONSIBILITIES OF SELLERS 

Description of Merchandise: Sellers must accurately describe each merchandise in a listing provided for inclusion on Boitshenolo Auctioneers and shall be responsible for any misstatements or omissions in such description. Failure to accurately describe merchandise could be fraudulent and could subject a Seller to criminal and/or civil liability, as well as violating these Terms & Conditions. Boitshenolo Auctioneers retains the right to terminate a Seller’s account and rights to use our services if a Seller includes material false representation or omissions in a merchandise description. Before listing merchandise, a Seller should provide us any additional terms or conditions of sale for particular merchandise in addition to our Terms and Conditions. The Seller is responsible for complying with all applicable local, state, federal, or foreign laws, regulations, rules, and legal approvals regarding the sale of any merchandise. The Seller is solely responsible for ensuring that all merchandise offered for sale are offered in a way that complies with any applicable legal limitations or restrictions.

 

SUPERVISION OF CONTENT

Boitshenolo Auctioneers reserve the right to supervise all content, material, and information on our website, including, but not limited to, merchandise listings and bidding activity, to determine their compliance with our Terms & Conditions and all current and future operating procedures and rules of conduct established by Boitshenolo Auctioneers. We reserve the right, at our sole discretion and without prior notice, to edit, amend, delete or otherwise block any content which may be deemed in violation of local, state, or federal laws or violate any aspect of our Terms & Conditions or which may otherwise jeopardize or interfere with the operation of our business.

 

Prohibited and restricted items

Before listing any merchandise, make sure it is not on our list of prohibited items, and find out if we stipulated specific rules and conditions on how such items should be listed. The Seller should ensure that the sale of their merchandise complies with all applicable laws and their listing follows our guidelines if it doesn’t, it may be deleted, and the Seller may be subjected to a range of other actions, including restrictions of your buying and selling features and suspension of their account.

Below is the list of items prohibited on our website.

  • Adult Only category
  • Alcohol
  • Animals and wildlife products examples include live animals, mounted specimens, and ivory
  • Drugs and drug paraphernalia
  • Embargoed goods and prohibited countries examples include items from South Africa
  • Firearms, weapons, and knives examples include pepper spray, replicas, and stun guns (see also military items)
  • Government documents, IDs, and licenses
  • Government, transit, and shipping-related items examples include airplane operations manuals
  • Hazardous, restricted, or regulated materials examples include batteries, fireworks, and refrigerants
  • Human remains and body parts
  • Items encouraging illegal activity examples include an eBook describing how to create methamphetamine
  • Lockpicking devices
  • Lottery tickets
  • Mailing lists and personal information
  • Medical drugs, devices, and healthcare examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
  • Offensive material examples include ethnically or racially offensive material and Nazi memorabilia
  • Pesticides
  • Prescription drugs
  • Prohibited services
  • Recalled items
  • Slot machines
  • Stocks and other securities
  • Stolen property
  • Tobacco

OWNERSHIP; USER LIMITED LICENSE

Boitshenolo Auctioneers and our related Services: All contents provided to you through our Services are owned and licensed to Boitshenolo Auctioneers. Our contents and all associated Services are trademarked, copyrighted, patented, and have obtained worldwide intellectual property rights. All rights are reserved. Boitshenolo Auctioneers, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.

 

YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OUR OPERATIONS WILL BE CONSIDERED A  BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, videos, audios, graphical works, etc. (All collectively referred to as “User Content”) The User retains all rights to their User content except for (a) any content from the Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and Boitshenolo Auctioneers.

The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to Boitshenolo Auctioneers to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by Boitshenolo Auctioneers.

To post, transmit, upload, or publish any content on our Services, you agree that such content is:

  • Originally yours, not in violation of any third-party rights, or that you have obtained adequate right and license from the owner of the content before posting.
  • Authentic and accurate.
  • not in violation of any local, federal, or international law.
  • not considered to be confidential.
  • not prohibited or in violation of any section of our Terms of service.
  • free of malicious codes, worms, spyware, trojans, viruses, ransomware, adware, etc.

 

All contents transmitted to and on our Service by a User are not considered to be confidential or proprietary once transmitted.

User license to Boitshenolo Auctioneers ends upon data deletion request by the User. However, there are certain conditions and certain contents we may not be able to delete which are:

  • User contents that are licensed to Boitshenolo Auctioneers under different license terms and agreements.
  • Contents a User shared with other Users which has been made public or have been stored privately.

We will take necessary steps to delete User Content from active use upon User request, this may include suppression of User content in our system. However, User Content may persist in our systems, including in backup copies. We may also retain copies of User Content if we reasonably believe it is legally required.

Comments transmitted within the public section of our Service (blogs, forums, comment sections, chats, etc.) may be copied and stored outside our Service by other Users. We do not guarantee the safety of such User contents or ideas that were posted publicly, we urge Users not to post confidential or sensitive information in the public section of our Service.

We won’t be liable for any inappropriate use of your content that was copied from the public section of our Service by other Users

We reserve the right at our sole discretion to delete User content that doesn’t comply with our Terms and other applicable terms. If such User content infringes the intellectual property rights of a third party, we may disclose your identity to such third party upon their request. Furthermore, your identity may be disclosed at the request of law enforcement agencies, government bodies, or by a court of law.

YOUR INTERACTIONS WITH OTHER MEMBERS

Communications and interactions between Members are solely at the discretion of the Members involved, we do not interfere in such interactions unless during a dispute if we so desire. By communicating and interacting with other Members, you accept all liability you agree not to hold Boitshenolo Auctioneers or anyone associated with Boitshenolo Auctioneers responsible for any loss, claims, demands, damages, or compensations of any kind arising from your communication or interactions with another Member.

THIRD-PARTY ADVERTISING

We may feature advertisements from third-party companies through links on our website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.

Our posting of third-party advertisements does not in any way constitute our affiliation, approval, or endorsement of such advertisements or their related offers. We do not have control of their business practices, the content posted on such sites, or the data they collect from you. Please endeavor to read their privacy policy page before making use of their services as they may or may not ask your permission before collecting that information.

You agree not you hold Boitshenolo Auctioneers liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.

Our Privacy Policy explains what information we share with advertisers. Please read it.

 

COPYRIGHT NOTICES/COMPLAINTS

Boitshenolo Auctioneers take its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. We reserve the right to terminate the account of any Member that infringes the intellectual property rights of others (repeatedly) without notice.

 

AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

Our Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.

 

OUR SERVICES AND ALL CONTENT, MATERIALS, AND Merchandise ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL “DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MIGHTYMAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.

 

LIMITATIONS; WAIVER OF LIABILITY

IN NO EVENT WILL Boitshenolo Auctioneers OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF Boitshenolo Auctioneers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO $200.

 

GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of South Africa.

SEPARATION OF TERMS 

Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

ASSIGNMENT

 We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from Boitshenolo Auctioneers, any attempt to do so without our consent is void.

ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and Boitshenolo Auctioneers relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.

 

LANGUAGE OF THE TERMS

Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.

 

NO WAIVER

Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

 

NOTICES 

Notices will be sent to your e-mail or post on this website or through other means of communication depending on the contact information we have on file.

All notices from Users must be in writing and addressed to info@boitshenoloauctioneers.com  unless we stipulate another specific means of sending us notices. 

CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@boitshenoloauctioneers.com