Mystify Classifieds South Africa

Classified Adverts T&C

TERMS AND CONDITIONS

Our system security is designed to monitor and identify any trading irregularity. Members and traders that abuse the privilege of our system will be suspended by Sheard Auctioneers. You are strongly advised not to tamper with the bidding process as all bidding is recorded etc. In the event of a complaint the necessary audit and investigation will be carried out and legal action taken if necessary.

Eligibility

Our services are available only to individuals and other legal personae that can form legally binding contracts under applicable South African law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Sheard Auctioneers may refuse its services (such as, but not limited to bidding) to anyone at any time, in its sole discretion.

Your Information

You agree and are solely responsible to provide accurate information that will be used to identify you to this system, to deliver notices to you and to allow other members to contact you. If your information changes then you are responsible to update it on the site. We will not be responsible for lost, delayed or misdirected notices if you do not update your information in a timely manner. Your personally identifying information will be protected in accordance with the Sheard Auctioneers Privacy Policy, which is incorporated, by reference, into this Agreement. Your information includes any information you provide to us or to other users in any public message area (including the feedback area) during the registration, bidding or consigning process.

General

Sheard Auctioneers provides the venue and mechanism to connect buyers and sellers over the Internet. Since Sheard Auctioneers merely facilitates the transaction between buyers and sellers, we do not have any control over or assume responsibility for 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. In addition we do not have control over whether buyers or sellers actually complete the transaction. Members and traders are therefore advised to use the Sheard Auctioneers rating system when trading.

Because user authentication on the Internet is difficult, we cannot confirm the identity of members and we take no responsibility for the validity of each member. However, we have provided self-regulating member rating and feedback services that may help to determine appropriate trading partners. We suggest you exercise caution when dealing with other members of the Service. By using the Service, you acknowledge that Sheard Auctioneers cannot possibly authenticate members' validity and, in the event of dispute between members, you release Sheard Auctioneers as well as our partners, employees and agents from claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You Must Agree With The Following:

The listing must be in the appropriate product/service listing category. Sheard Auctioneers reserves the right to change or move the listing to another category if appropriate. The listing description may only contain information related to a single product that you intend to sell.

The listing may not contain promotional or advertising material for anything other than the product or service being listed. In this regard you cannot for example advertise other business or activities. Your listing may not contain reference to products or services that are identical to other items you may have up for auction but are listed with better terms. Your listing may not contain phone numbers, addresses, URL's or other information that would encourage sale of the product outside of the Sheard Auctioneers services.

You may not send e-mail or solicit Bidders in an auction then being run on Sheard Auctioneers by a different Lister and offering to such other Bidders similar or the same item at better commercial terms; and you have not concurrently listed the product or services on a web site other than Sheard Auctioneers

You have the right to list the product or service and the listing owner may withdraw a product or service listing only if no bids have been made on the auction. Once listed on Sheard Auctioneers the listing is to remain on Sheard Auctioneers for the duration of the AUCTION.

Buyers

Members may bid ("the Bidder") on product or service listings as a buyer on "For Sale" listings. For a "For Sale" listing, you are obligated to complete the transaction if your bid is the highest bid that the Seller accepts, or if your bid exceeds the asking price when no reservation is specified, or if your bid is the highest bid that matches or exceeds the reserve price when a reserve price is specified, or if your bid is selected by the Seller.

A party is not obligated to complete the transaction under extenuating circumstances such as if the other party fails to meet the terms of the listing or if the other party cannot be authenticated. Any abuse of these terms may lead to suspension or termination of the member privileges.

The Buyer and Seller will be notified, via e-mail, of the details of the transaction, which will include the transaction price, transaction fees, and settlement terms including payment terms, payment notes, delivery terms and delivery notes necessary to complete the trade.

Membership Ratings and Feedback

A membership rating and feedback service has been provided on Sheard Auctioneers

You may not take any actions that abuses or otherwise undermines the integrity of the membership rating and feedback service such as leaving positive ratings about yourself using another member ID or a third-party IDs or leaving a negative rating for a member if the member fails to perform some action outside of the listing requirements or acceptable use of Sheard Auctioneers

Sheard Auctioneers reserves the right to suspend or terminate a member’s membership should the member's rating fall below a generally acceptable level determined by Sheard Auctioneers in its sole discretion, or should frequent negative complaints occur from other members.

Acceptable Use Policy

For the purposes of this Acceptable Use Policy, the term "information" means information of any type capable of being stored, posted or transmitted on or via the Internet, including, but not limited to, information in print, graphic or pictorial form.

When Using The Services, You Agree NOT To:

Post or transmit any fraudulent information. This means that you may not post or transmit any information that you know or have reason to know is false, and that you intend others to rely on.

List or sell items that you know or believe to be malfunctioning or defective without full disclosure of such malfunction or defect. (their pre-sale condition and/or status.)

Post of or be involved with the sale of counterfeit or stolen items.

Transmit, promote, sell or otherwise make available any product, software or service where it is illegal to do so or where it is designed to violate this Agreement.

Post or transmit any advertising or promotional material that contains false, deceptive, or misleading statements, claims, or representations. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas that are designated for such a purpose.

Post or transmit any information that infringes another person's or entity's copyright in all or any part of the information.

Post or transmit any information that infringes another person's rights in its trademark, trade dress, or service mark.

Post or transmit any information that reveals trade secrets belonging to another person, business, service, or other entity.

Post or transmit any obscene content as defined under the laws of SOUTH AFRICA including, but not limited to, child pornography and hate literature.

Post or transmit information that is defamatory or trade libelous.

Use the Services to unlawfully harass, threaten, or abuse any person or entity, by any means.

Use the Services to impersonate any person, including but not limited to, a Sheard Auctioneers official or an information provider, guide, or host. You may also not use the services to communicate under a false name or a name that you are not lawfully entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.

Use the Services to violate any operating rule, policy, or guideline of any other online service provider or interactive service.

Make false, unwarranted or unverified complaints against any member. Abuse the Sheard Auctioneers system by causing any harm to the system so that it inhibits other users' ability to effectively use the system. You further agree not to compromise or attempt to violate security in the Sheard Auctioneers system or elsewhere, including, but not limited to, attempt access of any data, server, or account that you are not lawfully authorized to access.

Post or transmit any items that knowingly contain viruses, Trojan horses, worms, time bombs, cancelbots or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. Harass, threaten or abuse authorized representatives of the service provider(s), including, but not limited to, technical support representatives, customer service representatives, or otherwise abuse the support personnel.

Use any software, device or routine to interfere or attempt to interfere with the delivery of the Services to our members. Any action, which imposes an unreasonable or disproportionately high load on our network causing slowdown or incorrect operation will result in the suspension of Services to the person causing such disruption and may result in retaliatory action by network security monitors. Disclose or share your password to any third parties or use your password for any unauthorized purpose.

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