MyOwnAuction Terms & Conditions
Access to the Website is subject to the following terms & conditions.
Upon accessing the Website or engaging with any aspect thereof and/or not necessarily registering thereon as mentioned in paragraph 8 below, you will be deemed to have accepted all the terms & conditions that apply to its use, the published Rules of Auction, the information contained on the Website and to the services provided by it. Accordingly, please take the time to read through these terms & conditions before continuing to use the MyOwnAuction Website. If you do not agree to obey to these terms & conditions, you must stop using the Website immediately.
We reserve the right to alter these terms & conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted online shall constitute acceptance of the changes in and to the terms & conditions.
DEFINITIONS AND INTERPRETATIONS
- References to notices, statements and other communications by or from us include notices by or from our agent;
- Expressions in the singular also denote the plural, and vice versa;
- words and phrases denoting natural persons refer also to juristic persons, and vice versa;
- Pronouns of any gender include the corresponding pronouns of the other gender.
- Clause headings appear in this lease for purposes of reference only and shall not influence the proper interpretation of the subject matter.
- In these Rules of Auction, except in a context indicating that some other meaning is intended:
- “advertisement”
means an advertisement which compiles with the provisions of Regulations 19 and 20 of the CPA Regulations and which has been posted to the “Auction” site at least 26 hours prior to the close of the auction in respect of movable assets and at least 7 days in respect of non-movable assets.
- “auction”
a sale in which goods and/or lots are sold to the highest bidder(s) and includes a sale in execution pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction and includes the online auction of goods and/or lots conducted by the auction house from time to time.
- “auctioneer”
means the person who conducts the auction on behalf of him/herself, or in the case of an Action House, the person who conducts the auction on behalf of the Auction House.
- “auction house”
means Entity or Juristic person conducting auctions from time to time as part of its business.
- “bidder”
means Entity or Juristic person making a formal offer for something.
- “closing time”
means the time when bidding officially closes and includes references to “fall of the hammer”;
- “CPA”
means the Consumer Protection Act, no. 68 of 2008 inclusive of its regulations.
- “goods”
means any asset of value, movable or immovable, and where appropriate, services listed for sale by the auctioneer.
- “lots”
means any group of goods sold or offered for sale as a unit and identified as such.
- “purchaser”
means the bidder who is the highest bidder(s) for the goods and/or lots offered on auction by the auction house at closing time, at the discretion of the auctioneer.
- “reserve price”
means the minimum VAT inclusive amount – if applicable the Seller is prepared to accept from the bidders for the sale of the goods and/or lots on auction by the auction house;
- “Rules of Auction”
means the rules as published by the MyOwnAuction Website.
- “seller”
means a person, natural or juristic, who is entitled in law to sell the goods on auction, but not necessarily the owner;
- “vehicles”
means motor vehicles auctioned by the auctioneer.
- “vendor role”
means the document contemplated in regulation 28 (4) of the CPA.
- "Website"
means this website including all aspects, facilities and services of any nature whatsoever related thereto.
- "we/us/our"
means MyOwnAuction (Pty) Ltd and/or the web founder(s) or developer(s) in person Trading as MyOwnAuction, and where applicable our associated companies and/or members, directors, shareholders or employees managing or developing this site;
- "you"/"your"
means the user of the Website including users who have registered with us and where applicable, advertisers.
- “advertisement”
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Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service provided on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, from you. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
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Content
You agree that you will only use, reproduce, and print material comprising the results of accessing the Website for personal and non-commercial purposes, other than the intended use. You may not use the contact details provided by auctioneers or bidders of lots to contact such auctioneers or bidders other than in connection with a genuine enquiry relating to the purchase or sale by you of the lot in question.
The Website content and information may contain technical inaccuracies and typographical errors. We exclude all liability for any illegality and/or any loss or damage incurred arising from such inaccuracies and typographical errors.
The content of and information appearing on the Website may be altered, amended or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions, or other information subsequently altered on the Website. We accept no responsibility for keeping the information and content on the Website up to date nor do we accept any liability for any failure to do so.
The information appearing on the Website is for information purposes only and does not constitute advice. You should not rely on any such information or content to make (or refrain from making) any decision or take (or refrain from taking) any action.
Through the Website, we present advertorial content and information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission, or inaccuracy in such content and/or information.
We give no warranties, conditions, guarantees or representations, expressed or implied, as to:
- The completeness or accuracy of information or any advice that may be contained on the Website or any website or any other platform to which it is linked.
- The content of the advertisements for lots appearing on the Website, including but not limited to; the ownership, quality, authenticity of any photographs, compliance with description and/or fitness for purpose of any such lots.
- The completeness of the results of any search conducted on the Website or that the lots revealed by such search are the only lots on our database which might meet the requirements of your search.
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Contractual issues
We will not be bound to any allegations from you that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the Website. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
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Liability
The information and material displayed on the Website is provided without any guarantees, conditions, or warranties as to accuracy. To the extent permitted by law, we, our employees, agents, representatives, contractors and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute.
- Any liability for any direct, indirect, or consequential loss or damage whatsoever and howsoever incurred by you in connection with:
- Our failure to fulfil any of our obligations in terms hereof.
- The Website or resulting from the use, the inability to use, the Website.
- The search results obtained from the Website.
- Any websites or platforms linked to the Website and any material posted on it.
We exclude all representations and warranties relating to the access to and use of the Website, whether they are statutory or otherwise, as far as is possible by law.
time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the Website will be continuously available online. We therefore provide the Website on an "as is" and "as available" basis.
We make no guarantee that the Website (or websites or platforms which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We are not liable for any failure to perform any of our obligations under these terms & conditions caused by matters beyond our reasonable control.
We may publish content on the website and elsewhere from time to time containing marketing material, internal and/or external research findings, surveys, statistics and similar information on our business and area of trade, competitors and related parties for your edification. We shall not be held liable to honour, explain or compensate you or anyone else for any loss or prejudice which may arise from the publication of such information.
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Intellectual Property
All intellectual property including trademarks, names and logos, whether registered or not, embodied in the Website content, are the proprietary marks of us. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms & conditions in any way confers on you any licence or right under any trademarks, names or logos.
All rights, including copyright, in the content of the Website and the photographs of any lots displayed on the Website from time to time and all rights in our database of lots, are owned and/or controlled by us.
Except as expressly permitted by these terms & conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, 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.
Any intellectual property embodied in the information provided by an advertiser and utilised on the Website is hereby assigned to us.
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Links to other websites
The Website contains hypertext links to websites or platforms that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion in the Website of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
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Links to the Website
You may establish a hypertext link to the home page of the Website, but not otherwise without our written consent, provided no implied endorsement or sponsorship of you is created thereby.
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Registration details
To gain access to certain services on the Website you will need to register (at a subscription fee for Auctioneers, and for free for Bidders). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete.
Fees for Packages subscribed for will be posted on the website and within our Rules of Auction page.
Bidders will have to register before they will be allowed to bid on any lots.
You furthermore agree that you will not attempt to register in the name of any other individual, company or organisation nor will you adopt any username which we deem to be offensive. All information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
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Security
We reserve the right to institute criminal proceedings against you should you attempt to maliciously utilise the Website by gaining unauthorised access to any page on the Website or by delivering or attempting to deliver any unauthorised or harmful code to the Website.
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General
We reserve the right to assign or subcontract any or all our rights and obligations under these terms & conditions to a third party.
You may not without our prior written consent, assign or dispose of any rights or obligations arising under these terms & conditions. We may revise these terms & conditions at any time by amending this page. You are expected to check this page from time to time and take notice of any changes we make, as they are binding on you. Some provisions contained in these terms & conditions may also be superseded by provisions or notices published elsewhere on the Website.
If any of the provisions of the terms & conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms & conditions together with our privacy policy and cookie policy contain the entire agreement and understanding between you and us relating to the Website, its content and use and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.
The laws of the Republic of South Africa will apply in respect of any legal issue or litigation arising directly or indirectly from the terms & conditions; the use or inability to use the Website and or information contained on the Website.
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Communication / Data
Please refer to our privacy policy and cookie policy for further information.
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EC Act Disclosures
Access to the website is classified as a form of “electronic transaction” in terms of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and as such you are entitled to our full disclosures in terms of Chapter 7 of the ECT Act, copy of which can be obtained by requesting so in our Contact Us Form.
Advertising Terms & Conditions
Advertisements placed on the Website may also appear on the MyOwnAuction mobile Internet service and/or our social media platforms.
By placing an advertisement with us, you are deemed to have read and accepted these Conditions. These Conditions and the contract to which they form part shall be governed by South African law.
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Non Transferable
You may not assign or transfer any or all your rights and/or obligations arising from these Conditions without our prior written consent.
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Auctioneer’s Advertisements
- Your auction can be advertised on our webpage once your registration is complete.
- Registration is complete once you have completed all required fields within the auctioneer’s registration page and payment is received by us.
- Each auction may contain only 1 Lot – see definition of Lot.
- You, as the Auctioneer is eligible to place X number of Lots as per Package selected.
- Your advertisement will stay visible to public for a period of X days (see Subscription Package chosen) from date of Subscription. Bidding on your lot(s) will be allowed within the auction duration selected by yourself.
- Minimum delay for activating your auction is 2 hours after placing your advertisement for bidding to commence. This gives you time to edit your advertisement before auction commences. Thereafter no editing is allowed while auction is ongoing.
- In the case of movable property, your auction will be live for a minimum of 24 hours to give public time to be aware of your auction.
- In the case of immovable property, your auction will be live for a minimum of 7 days to give public time to be aware of your auction.
- If any auction or part thereof relates to goods sold in execution or by order of court the advertisement must clearly state so. Detail information must be supplied in the Detail description text box.
- To protect your privacy, your location will be approximate to your suburb and not your actual address.
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Payment
- All prospective auctioneers will have to register and part thereof is the recuring subscription fee. You can cancel your subscription at any time, and this will disable further subscription payments. Where payment is made online through our Website, you will be directed to a dedicated commerce provider who will take payment via a secure server (SSL) connection ensuring the safety of your online payment. Payment can be made using Visa or MasterCard. Whilst every effort is made to ensure the safety of your card transaction, we cannot and do not accept liability for any loss or damage incurred because of using the online secure payment mechanism.
- We shall have the right to change our subscription rates at any time. Such revised subscription rates shall apply to any registration placed with us after publication of the revised subscription rates.
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Warranties
You warrant that;
- All information and materials provided to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the South African Code of Advertising Practice as well as all current relevant legislation;
- the publication of the advertisement by us will not breach any contract, infringe any third party intellectual property rights or any other rights; nor render us to any proceedings, and/or be detrimental to the reputation of us;
- in respect of any advertisement which contains a copy or photographs or video by which any living person is or can be identified, you have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time). We may suspend, or terminate with immediate effect, our agreement with you in circumstances in which:
- You fail to comply, or we suspect that you are not complying with the provisions of clause 5.a; and/or
- Any competent law enforcement or compliance authority instructs, advises, makes a recommendation or orders to us to take down any of your advertisements and/or suspend the delivery of services to you.
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Intellectual Property Rights
- All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights [whether registered or not]) ("IPRs") in any publication, copy, text, artwork, photographs or other materials which we have created and/or in any way altered for you shall belong to us absolutely. To the extent that any such IPRs do not automatically vest in us, you hereby assign to us all such IPRs.
- Where necessary you shall, at our request, sign and execute all such documents and do all such acts as we may reasonably require to vest the IPRs in us and to enable us to protect and enforce them. In respect of any materials other than that referred to in above, which you supply to us ("Materials").
- You grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.
- You shall at all times indemnify us fully against all actions, suits, claims, demands, costs, charges, damages, losses and expenses (including legal expenses on an indemnity basis) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions and/or specifications including (without limitation) any claim for defamation or the infringement of any third party's IPRs.
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Our Rights and Obligations
- We shall provide the service with reasonable care and skill in a professional and timely manner and your auction advertisement shall be designed in accordance with our specification.
- Where your advertisement is to appear on the Website, you acknowledge and accept that it is technically impossible to guarantee that the Website will be continuously available online or the corruption free or error free transfer of the advertisement to the Website.
- We do not monitor or control and shall not be responsible for the content of your advertisement. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us as a result of an untrue statement or inaccurate information, photograph or video.
- We reserve the right to refuse publication of an auction without giving any reason. Further, it is within our sole discretion to classify, edit and/or delete an advertisement of an auction or part thereof at our sole discretion. Where possible, we will attempt to inform you of any such changes.
- We may at any time vary the technical or visual specifications of the Website (or any part thereof) for operational reasons.
- We may at any time remove any or all of the material and/or statements appearing in an auction from the advertisement which in our opinion are unlawful or constitute a breach of this agreement.
- In the event that we do not accept an auction, we will, if possible, inform you accordingly. In the event that we reject a subscription, no charge will be incurred by you. Further, no contract will be deemed to exist between you and us until such time as the subscription has been accepted and payment is made.
- From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that in so doing and to the extent possible, minimum disruption to the advertising is caused.
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Media Files and Photographs
- Media files and/or photographs may be checked by us to ensure that the content meets the requirements as set out in these Conditions.
- If your media file and/or photograph includes infringing material and amongst others contains nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyright protected material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous, we reserve the right to remove it from the Website.
- Media files and photographs should only advertise one Lot.
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Amendments
- Any amendments to your advertisement, can be made during the minimum of 2 hours before your auction starts. No editing of auctions will be allowed once an auction has started.
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Cancellation and Refunds
All subscriptions will be processed immediately, and payments are non-refundable once accepted. Please note that advertisements may take up to 24 hours to appear on the Website.
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Liability
arising out of or in connection with any total or partial failure to publish an advertisement on the Website; loss of copy, artwork, photographs or other material; in contract, delict (including, without limitation, negligence), statutory duty or otherwise arising out of or in connection with your agreement with us.
- We shall not be liable to you for any
- consequential, indirect or special loss or damage;
- loss of goodwill or reputation;
- loss of business and/or opportunity;
- loss of profits;
- loss of revenue; and/or
- economic and/or other similar losses; and in each case such liability is excluded whether it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise
- Our total liability to you in contract, delict (including, without limitation, negligence), statutory duty or otherwise (unless otherwise excluded) shall not exceed the subscription rate paid by you for the relevant advertisement in the timeframe during which the event, giving rise to the liability, occurred.
- In the event of any error or omission in an advertisement resulting from our negligence, we may at our sole discretion either amend the relevant part of the subscription or advertisement, refund you or adjust the advertising rates. No refund, amendment or adjustment to the subscription rate will be made where, in our sole opinion, the error, misprint or omission does not materially detract from the advertisement or where it arises as a result of incorrect or inadequate information provided by you.
- We shall not be liable to you for any delay in performing and/or any failure to perform our obligations if the delay or failure is due to any cause beyond our reasonable control (including, without limitation, any act of God, strike, infrastructure failure, fire, or power failure).
- We shall not be liable to you for any
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Data Protection
Please refer to our privacy policy and cookie policy for further information.
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General
- These Conditions and any order form (where relevant) contain the entire agreement between us and you and supersede all prior agreements.
- If any provision of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be severed from the remaining Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
- We reserve the right to assign or sub-contract this agreement and any of our rights and/or obligations to a third party.
- We reserve the right to modify these Conditions from time to time and any such modifications shall be effective immediately from the time you are notified thereof. Display of the modified Conditions on the Website shall be deemed to be notice to you of such modifications. You agree to review the Conditions regularly to ensure that you are aware of any modifications.
- The agreement which incorporates these Conditions shall be governed by and construed in accordance with South African Law and the parties irrevocably submit to the exclusive jurisdiction of the South African Courts.
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Auction Houses Subscription and Advertising
- In addition to the above and with specific reference to Auction Houses subscription or advertising, such auction house (see definition of auction house above), agrees to comply to all relevant South African law, including but not limited to:
Section 57(2) of the sale of goods act of 1979,
CPA act 68 of 2008
Auctioneers licence
Business licence
SAIA Rules and Regulations
Business Advertisement Disclosure Order 1977 effective from 1 January 1978.
- In addition to the above and with specific reference to Auction Houses subscription or advertising, such auction house (see definition of auction house above), agrees to comply to all relevant South African law, including but not limited to: