AfricaSafariAuction.com Terms of Service
This software and services agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) and AfricaSafariAuction.com regarding the use of its software and/or services. BEFORE YOU CLICK ON THE "I AGREE" BUTTON BELOW THIS AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS. BY CLICKING ON THE "I AGREE" BUTTON, YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS “BUYER.” IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, CLICK THE "I DISAGREE" BUTTON.
Background FAQ’s:
Capitalized terms are defined in the Definitions section below.
Who am I contracting with?
An AfricaSafariAuction.com Site is a website through which AfricaSafariAuction.com offers services, including Bidder Services. It acts solely as a conduit for offers and acceptances in relation to auctions of Products. When making an offer to purchase a Product which is accepted, AfricaSafariAuction.com will not be a party to that agreement and will not be responsible for the performance or delivery of the Product(s) upon payment. By making an offer to purchase, you agree to enter into a contract of purchase with the person identified as the Seller on the AfricaSafariAuction.com Site, and on the terms set out on the Site for payment, delivery, and other material issues. This contract comes into being when your offer is accepted as the winning bid.
Who is responsible for Product descriptions and warranties?
The AfricaSafariAuction.com Site enables individuals, companies, and professional auctioneers to list Products for sale. These entities are responsible for preparing Product descriptions and providing any warranties. AfricaSafariAuction.com is not responsible for the accuracy of these descriptions or any contractual warranties related to the products sold. Any complaint or claim must be directed to the Seller identified as such on the Site.
1. Definitions:
- “AfricaSafariAuction.com Sites” means africasafariauction.com and all subsidiary brands, affiliate AfricaSafariAuction.com Sites, and country-specific URLs.
- “AfricaSafariAuction.com Services” means Bidder Services and any other services provided by AfricaSafariAuction.com.
- “AfricaSafariAuction.com Software” refers to auction tools software, including webcast, timed, and silent auction software used on AfricaSafariAuction.com Sites.
- “Auction Data” refers to any data or audio/video content transmitted to you during a live auction.
- “Auction Houses” refers to auction houses accessed through an AfricaSafariAuction.com Site.
- “Bidder Information” refers to any information you provide during registration or bidding.
- “Bidder Services” means the services provided by AfricaSafariAuction.com that allow Buyers to participate online as bidders in Live Auctions.
- “Buyer” refers to an individual or entity engaged in attempting to purchase Product(s) listed on an AfricaSafariAuction.com Site.
- “Live Auction” refers to an auction in which users can bid either through absentee bids or real-time internet bids using AfricaSafariAuction.com Software.
- “Products” refers to items listed for sale or auction on an AfricaSafariAuction.com Site.
- “Seller” refers to an auction house, company, or individual listing Products for sale through AfricaSafariAuction.com or AfricaSafariAuction.com Services.
2. AfricaSafariAuction.com is Only a Venue
AfricaSafariAuction.com serves only as a venue and has no control over the Buyers or Sellers, their identities, the quality or accuracy of Products offered, or the ability of Buyers to complete a transaction. AfricaSafariAuction.com facilitates online participation in live auctions but is not a party to any transaction between Buyers and Sellers.
3. Implied Agreement with Auction House
By registering for an auction on an AfricaSafariAuction.com Site, you agree to the terms and conditions set forth by the Auction House, in addition to agreeing to the terms in this document.
4. AfricaSafariAuction.com Services
AfricaSafariAuction.com offers Buyers the opportunity to participate online in Live Auctions run by professional auctioneers. AfricaSafariAuction.com reserves the right to modify, suspend, or terminate any of its services at any time.
5. No Guarantee
AfricaSafariAuction.com does not guarantee the accuracy of Product descriptions or images, nor the performance of any technology or services. AfricaSafariAuction.com does not review, endorse, or guarantee the accuracy of Seller-provided information, nor the integrity or solvency of Sellers.
6. No Warranties
AfricaSafariAuction.com does not provide warranties for Products sold or auctioned. All warranties, including those of title, merchantability, or fitness for a particular purpose, must come from the Seller.
7. Limitation of Liability
AfricaSafariAuction.com, its affiliates, and its licensors are not liable for any indirect, incidental, or consequential damages arising from the use of its services, including but not limited to lost profits, system interruptions, or data loss.
8. No Cost
Currently, AfricaSafariAuction.com does not charge for the use of its Bidder Services. It reserves the right to impose fees in the future upon reasonable notice.
9. Eligibility
By using AfricaSafariAuction.com’s services, you affirm that you can legally enter into a contract under applicable law. Minors are not eligible to use AfricaSafariAuction.com Services.
10. Specific Auction Eligibility
Auction Houses may have their own eligibility standards. You may need to apply for approval to participate in specific auctions, and being approved for one auction does not guarantee approval for others.
11. Use of Your Information
AfricaSafariAuction.com handles Buyers’ information in compliance with its Privacy Policy. Your information may be shared with Auction Houses if you breach an agreement.
12. Auction Dates and Times
Auction dates and times are determined by the Seller and may change without notice.
13. Buyer Representations
You represent that your Bidder Information is accurate and free of harmful programming code, and that you meet the eligibility requirements to use AfricaSafariAuction.com Services.
14. Bids
- Bids are subject to minimum increments.
- Unsuccessful bids may be reinstated if a higher bid fails.
- Winning bids are final and binding, and cannot be retracted or canceled.
15. Taxes/Buyer’s Premium/Commissions
You are responsible for any applicable taxes, buyer’s premiums, and commissions.
16. Auction Data
AfricaSafariAuction.com retains all rights to Auction Data, and you agree not to reproduce or exploit this data.
17. AfricaSafariAuction.com Software
AfricaSafariAuction.com retains all intellectual property rights to its software. You agree not to reverse-engineer or modify the software.
18. Term and Termination
This Agreement remains in effect until terminated by you or AfricaSafariAuction.com. Certain sections survive termination, including provisions on limitation of liability and intellectual property.
19. Release
You release AfricaSafariAuction.com from any claims or damages arising out of disputes between Buyers and Sellers.
20. No Agency
This Agreement does not create any agency, partnership, or joint venture relationship between you and AfricaSafariAuction.com.
21. Notices
Notices will be sent by email to the address provided during registration.
22. Governing Law
This Agreement is governed by the laws of South Africa, and any disputes must be resolved in South African courts.
23. Assignment
You may not assign this Agreement without AfricaSafariAuction.com’s prior written consent.
24. Contact Information
If you have any questions regarding this Agreement, please contact AfricaSafariAuction.com.