BuySellAuction Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to BuySellAuction.
BuySellAuction is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The BuySellAuction app stores and processes personal data that you have provided to us, in order to provide my Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the BuySellAuction app won’t work properly or at all.
You should be aware that there are certain things that BuySellAuction will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but BuySellAuction cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, BuySellAuction cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, BuySellAuction cannot accept responsibility.
With respect to BuySellAuction’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. BuySellAuction accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. BuySellAuction does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
BuySellAuction is an Auction and Classifieds Search App
We do review listings provided by users, however we are not involved in transactions between buyers and sellers. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on our application. We are not responsible for ensuring that buyers and sellers actually complete a sale. You accept sole responsibility for the legality of your actions under laws applying to you.
BuySellAuction cannot guarantee the identity nor the validity of the information which users post to our app. It is important that you must satisfy yourself as to the true identity of anybody whose advertisement you respond to, or subsequently enter into a transaction with.
In the event that you have any right, claim or action against any other user arising from that user’s use of our website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release BuySellAuction from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our app. Please note that there are additional risks associated with dealing with foreign nationals, underage persons or people acting under false pretence.
If you are a seller, you must ensure that you are legally able to sell the item in question. All items must be listed in an appropriate category. You must not list any item on our app that could cause us to violate any applicable law.
Unless otherwise stated, all fees are payable in South African Rand. Sellers will be responsible for paying all fees associated with using our service.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your access to our service and refuse to provide our services to you without notice to you: (a) if you breach this agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us; or if we believe that your actions may cause legal liability for you, our users or us.
In no event will BuySellAuction, its officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assignees be liable to any party for any direct, indirect, economic, special or other consequential damages, loss of goodwill or loss of profits arising out of or in connection with the use of this application, or use of any linked website, including without limitation any liability arising from breach of contract, negligence and any other statutory, contract and/or tort liability, even if BuySellAuction have been expressly advised of the possibility of such damages. The term ‘damages’ includes, without limitation, legal fees, any lost profits, business interruption and loss of programs or other data on your information processing system. BuySellAuction expressly disclaims any liability for third party information or opinions posted on this website that arises under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.
Choice of law
These terms shall be governed by and construed in accordance with South African Law. The parties irrevocably agree that the courts of South Africa shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise in connection with the BuySellAuction service.
For the exclusive benefit BuySellAuction shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.
Changes to This Terms and Conditions
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us.