These Terms (“Terms”) govern your (“User”) use of the Company Name (“Provider”) website located at the domain name www. (“Website”). By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distributes Content obtained from the Website.
2 Updating of these Terms
Provider may change, modify, add to or remove from portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to this Website. Provider will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates.
3 Supplier of goods or services details
3.1 The Provider is not involved in any sale and purchase of any goods and services on the Website, save for providing a venue for an auction of goods and services, you hereby agree and acknowledge that the Provider:
3.1.1 are not, nor does it represent or hold itself out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this Website;
3.1.2 have absolutely no control over, nor does it represent or hold out that it has any control over any one or more of the circumstances described in Clause 4.5.
3.1.3 have absolutely no control over whether, nor does it represent or hold out that, the goods and services offered for sale on this Website are legally able to be sold.
3.1.4 cannot guarantee, nor does it represent or hold out that the descriptions of any goods and services on this Website will be accurate;
3.1.5 have absolutely no control over, nor does it represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods or services auctioned on this Website;
3.1.6 cannot and do not control, nor does it represent or hold out that a Buyer will pay for the goods and services that he/she has successfully bid for in an auction on this Website;
3.1.7 cannot and does not control, nor does it represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
3.1.8 cannot and do not represent nor hold out that it can confirm that each Buyer and Seller is who they claim to be;
3.1.9 cannot and do not represent or hold out that it can exercise any practical control over what feedback, comments or rating scores will be provided by a Buyer pursuant to the Rating Systems Rules.
3.1.10 cannot and do not, nor does it represent or hold out that it can or could, despite any credit checks the Provider may have undertaken, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including without limitation, that the:
22.214.171.124 credit card details of any Buyer or Seller (as the case may be) are correct;
126.96.36.199 credit limit has not been exceeded;
188.8.131.52 credit card has not been reported stolen;
184.108.40.206 Buyer or Seller is entitled to authorised use of the credit card; or
220.127.116.11 credit card is otherwise being lawfully used; and
3.1.11 will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Website, or with this Agreement, whatsoever.
3.1.12 does not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the site for auction, the acceptance of such offer nor the acceptance of the bid by the seller.
4.1 You may post the goods and services that you wish to offer for sale on the Website.
4.2 You agree that the Provider or its nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
4.3 In addition to any other rights the Provider may have under this Agreement, if you fail to comply with Clause 4.2, the Provider may prevent you from participating in any auction on this Website, or using the Services.
4.4 If you do so, you agree and warrant to the Buyer of those goods and services and separately to the Provider that:
4.4.1 your information:
18.104.22.168 is accurate and not false, misleading, deceptive or fraudulent;
22.214.171.124 does not breach any Intellectual Property Rights of a third party;
126.96.36.199 is made in compliance with all applicable laws, government regulations or guidelines;
188.8.131.52 is not forged, threatening or offensive or otherwise constitutes harassment;
184.108.40.206 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
220.127.116.11 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
18.104.22.168 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
22.214.171.124 does not contain child pornography, bestiality or any other obscene or offensive material;
4.4.2 you are the legal owner of the goods and services you are offering for sale on this Website and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
4.4.3 you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Website;
4.4.4 you will adhere to the Listing Policy.
4.5 In addition to Clause 4.4, you represent and warrant to the Provider and separately to the successful Buyer that:
4.5.1 the goods and services you offer for sale and sell, on this Website:
126.96.36.199 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
188.8.131.52 correspond with the description that you have posted on this Website; and
184.108.40.206 if sold in bulk, will correspond with any samples; and
220.127.116.11 are not defective; and
18.104.22.168 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
4.5.2 the services you offer for sale, and sell, on this Website:
22.214.171.124 will be rendered with due care and skill; and
126.96.36.199 any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
188.8.131.52 if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
4.5.3 the goods and/or services you offer for sale, and sell on this Website:
184.108.40.206 will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially subject to the provisions of the Consumer Protection Act 68 of 2008 that became effective 1 April 2011;
220.127.116.11 are legally able to be offered for sale, and sold on this Website, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
18.104.22.168 will at all times be offered for sale in South African Rand.
4.6 The Seller may set a reserve price, or minimum price for the goods and services, but that reserve price or minimum price, as the case may be, must not be set out in the information provided about the goods or services to which that reserve price or minimum price, whichever is applicable, applies, or otherwise disclosed to any person at any time.
4.7 In the information provided about the goods or services the Seller offers for sale, or sells on this Website, the Seller must set out the terms and conditions for sale of those goods or services, including the following:
4.7.1 whether the auction is a Standard Auction, Credit Card Guaranteed Auction, or Buy Now Item, or a combination of any of the preceding auctions;
4.7.2 as applicable, the minimum bid increments;
4.7.3 in the case of a Buy Now Item, a Buy Now Price,
4.7.4 date and time of opening, and closing, of the auction;
4.7.5 payment terms;
4.7.6 terms of delivery;
4.7.7 returns policy;
4.7.8 taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and
4.7.9 unless stated to the contrary, any value will be construed to refer to South African Rands;
4.7.10 that both buy now and auction selling prices will be considered to include VAT; and the Seller agrees that such terms and conditions will include any matters prescribed by us under this Agreement.
5.1 You agree and warrant to each Seller and separately to the Provider that:
5.1.1 your information:
22.214.171.124 is accurate and not false, misleading, deceptive or fraudulent;
126.96.36.199 does not breach any Intellectual Property Rights of a third party;
188.8.131.52 is made in compliance with all applicable laws, government regulations or guidelines;
184.108.40.206 is not forged, threatening or offensive or otherwise constitutes harassment;
220.127.116.11 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
18.104.22.168 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
22.214.171.124 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
5.1.2 you have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services;
5.1.3 you will not bid for any goods or services on this Website unless you are able, and have sufficient, available capacity to pay for those goods or services;
5.1.4 the purchase of any goods and/or services on this Website is absolutely at your own risk;
5.1.5 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Site; and
5.1.6 if you are bidding for adult goods and services, that you have the legal right to purchase those goods and services.
Completion of Sale and Purchase of Goods or Services = PAYMENT
6.1 The Provider will notify the Seller and the successful Buyer of the successful sale (if any) of any goods or services by automated email when an auction closes.
6.2 Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:
6.2.1 Implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;
6.2.2 ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Cape Town, the Republic of South Africa;
6.2.3 arranging for payment of the goods or services;
6.2.4 arranging any insurance (if any) in respect of the goods or services;
6.2.5 as applicable, agreeing a date for delivery of the goods or services; and
6.2.6 payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.
6.3 Each Buyer agrees that the Provider, or its nominated agent, may undertake any necessary credit checks on the Buyer’s credit card and authorise us to provide those credit card details to the Seller in the relevant Confirmation Notice where such information was required and specified by the Seller under Clause 6.2.
6.4 The Provider has no involvement in the sale and purchase of any goods and services other than providing a venue for an auction subject to Clauses 6.1 and 6.3; as a result the Provider will never accept return of any goods and services purchased on this Website. The Buyer must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services being of a defective nature, not fit for a particular purpose, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
6.5 Property Auctions – The successful conclusion of a Property auction is subject to the signed acceptance (signed contract) of the offer (final winning bid amount) by the seller or their duly authorised representative.
7 Complaints and disputes
Provider offers Users to file complaints via the “Contact us” service of the website www.ubuntucompanyservices.co.za. Currently Provider does not subscribe to any alternative dispute resolution code or mechanism.
8 Copyright and Intellectual Property Rights
8.1 Provider provides certain information on the Website. Content displayed at the Website is provided by Provider, its affiliates or subsidiary, or any other third party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to the Provider, its affiliates or subsidiary, or any third party owners of the rights (“Owners”), and the Content is protected by South African and international copyright laws.
8.2 The Providers may make any changes to the Website, the Content, or to products or services offered through the Website at any times and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
9 Limited License to General Users
9.1 Provider grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
9.2 This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
9.3 The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of Provider.
9.4 Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the Website.
9.5 Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9.6 Any unauthorised use terminates this license.
10 Limited License to Registered Users
10.1 Provider allows and processes the registration of certain corporate users (“Registered User”) at the Website. If you believe that you are entitled to registration, please contact firstname.lastname@example.org.
10.2 Subject to these Terms, a non-exclusive, non-transferable, limited and revocable right is granted to Registered Users to access, display, use, download and otherwise copy the current and future Content for the purposes agreed to by the Registered User and Provider in their respective agreements.
10.3 This Website and the Content may only be:
- duplicated, copied;
- visited; or
- otherwise exploited,
for the specific purposes set out in this agreement.
10.4 The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here. It also does not allow any derivative use of this Website or the Content for the benefit of another merchant.
10.5 The Registered User may not frame the Website or the Content without the express written consent of Provider.
10.6 Provider and the Owners, their affiliates or subsidiary reserve the right in their sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10.7 Any unauthorised use terminates this license.
11 Limitation of liability:
11.1 Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005 and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Provider, Owners, suppliers, employees, directors partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party content accessible via an Internet link.
11.2 Neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the Content or the Website or any functionality, or of any linked website to the extent permissible by law.
11.3 Furthermore neither Provider nor any holding company, affiliate or subsidiary of Provider or Owners, will be held responsible for any damage of any kind or be held responsible for any delays from any Government departments involved in the registration and/or application processes of the user.
12 Privacy, access to and use of information
12.1 Provider receives various types of information (“Information”) from Users who access the Website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”).
12.2 Provider may electronically collect, store and use Personal Information, including names, contact details, surfing patterns, email and IP addresses. Provider voluntarily subscribes to section 51 of the ECTA and endeavours to treat Personal Information received by Provider accordingly.
12.3 Whenever the User is of the opinion that Provider fails to comply with section 51 of the ECTA, the User will contact the Provider by sending an email to email@example.com. The Provider will review the User’s representations made by email and, if within the Provider’s sole and absolute discretion advisable, take corrective action and in any event within 21 of days respond to User informing about corrective actions taken, if any.
12.4 Interception of communications. Despite such undertaking, it is possible for Internet-based communications to be intercepted.
- Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging.
- The Owners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make to the Owners or Provider through the Internet, or that you expressly or implicitly authorise the Owners to make, or for any errors or any changes made to any transmitted information.
12.5 To ensure acquaintance with and awareness of the privacy measures and policies of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.
13 Privacy – casual surfing
13.1 The User may visit the Website without providing any personal information.
13.2 The User accordingly grants express written permission for the Website servers in such instances collecting the IP address of the User computer, but not the email address or any other distinguishing information.
13.3 This information is aggregated (added up) to measure the number of visits, average time spent at the Website, pages viewed, etc.
13.4 Provider uses this information to determine use of the Website, and to improve Content.
13.5 Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
14 Privacy – unsolicited information
14.1 If the User posts unsolicited content or other information (“Information”) to the Website and does not indicate otherwise, the User grants to the Owners a:
- perpetual (everlasting);
- irrevocable (irreversible); and
- fully sub-licensable,
right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
14.2 The User grants to the Owners the right to use the name that the User submits in connection with such Information, if they choose. The User warrants:
- that the User owns or otherwise controls all of the rights to the Information that the User posts;
- that the Information is accurate;
- that by the supply of the Information to Provider;
- the User does not violate this Policy and does not infringe the rights of any person or entity; and
- that the User indemnifies the Owners for all claims resulting from the receipt by the Provider of the Information the User supplies to it.
14.3 Provider may monitor and edit or remove any Information, where posted to public pages. The Provider takes no responsibility, and assumes no liability for any Information posted by the User or any third party.
15 Privacy-solicited information the User gives to Provider
15.1 Provider requires certain Personal Information necessary to process transactions if the User requires any of Provider’s products or services.
15.2 Provider receives and stores all Information, including Personal Information which the User enters on the Website or gives to Provider, in any other way. The User may choose not to provide certain Personal Information, but that may limit the services or products that the User may wish to obtain from this Provider.
15.3 Provider provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to the Owners and the Provider a:
- perpetual; and
- fully sub-licensable,
right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media including but not limited to testimonials for promotional purposes. Should the user request a withdrawal of the permission as described in this clause such withdrawal should be requested in writing to firstname.lastname@example.org where after the information shall be removed by the Provider.
16 Privacy – promotional information
Provider aspires to provide first-class service to its customers, which requires Provider providing information to the User about new services and/or special offers and/or newsletters. In each instance, the User is provided an opportunity to opt-out of such information circulars. The user herewith expressly agrees that the Provider may forward new services and/or special offers and/or newsletters for promotional purposes. For more information or to opt-out, please send an email to email@example.com
17 Privacy- business transfers
Provider may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.
18 Privacy- lawful purposes
When the Provider is served with due legal process requiring the delivery of Personal Information, it has the legal duty to abide by that demand, and will do so. Provider may also impart Personal Information if permitted or required to do so by law.
19 Privacy-surveys and statistical profiles
19.1 Provider understands that efficiency and customer care translates to good service. Provider may periodically conduct online customer care surveys to enable the updating of service standards.
19.2 When it conducts a survey, Provider must inform the User how the information gathered will be used, and provide the User with the opportunity to opt-out from such surveys.
19.3 Despite terms to the contrary, Provider may chose to use Personal Information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including the User, by a third party.
20 Privacy- storage
Personal Information will be stored for as long as it is used and for a period of one year, together with a record of the Personal Information and the specific purposes it was collected for. Personal Information will be destroyed once it has become obsolete (out of date or unusable).
21 Privacy- interception
Subject to the Regulation of Interception of Communications Act (“RIC”), Act 70 of 2002 (as amended), the User agrees that the Provider may intercept, block, read, delete, disclose and use all communications sent or otherwise communicated to the Provider, its employees, directors and agents. User agrees that his or her consent satisfies the requirements of ECTA and RIC for consent in “writing” as defined.
22 Choice of Law
22.1 This Website is controlled, operated and administered by Provider from its offices as set out below within the Republic of South Africa.
22.2 These Terms will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Western Cape High Court, Cape Town in the event of any dispute.
22.3 If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.
22.4 These Terms constitutes the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
23 Refunds policy
The Provider undertakes to refund the user only in the event that no documents have been received from the user and/or services have been rendered yet by the Provider. The Provider reserves the right to charge an administration fee of 25% of the total of the invoice if the user decides to cancel the agreement. The minimum administration fee will be R250-00 (Two Hundred and Fifty Rand) if the user decides to cancel the agreement within the first 6 months of the requested service and R500-00(Five Hundred Rand) if the user cancels the agreement within 24 months of the initial request for the service and subsequent to services being rendered by the Provider.
Ubuntu Company Services requires that clients email and / or courier the required documents and information required to complete the ordered service within 180 days. Ubuntu Company Services reserves the right to credit cancel services for which there has been no activity for the duration of 180 days. A cancellation fee of R250 will be applicable if a client fails to provide the requested documents with in the stipulated 180 days.
The Provider will further undertake, within its own discretion, to provide a refund to the user only in the event that the user has fully complied with all requirements requested by the Provider and the Provider is still not able to process the requested service excluding matters that fall outside the scope of control of the Provider.
24 Contact Details
In the event that you need to contact Provider for purposes related to these Terms and Conditions, please use the following:
This Website was most recently updated on the 14 day of December 2016