iBidOnStorage.co.za
Welcome to iBidOnStorage.co.za a public sale website (“Website”) creating a marketplace for online auctions for the storage industry. Online auctions are a popular way of buying. iBidonStorage.co.za is a virtual market place designed to connect Self Storage businesses and Buyers of the contents of storage units.
Any person who wishes to access the Website to participate in bidding must accept these terms and conditions (hereinafter “Terms and Conditions” or “Agreement”), without change.
The auction rules are set out for both Buyers and Sellers in these Terms and Conditions. Buyers must understand and accept that most, if not all items sold on iBidOnStorage.co.za are sold “as is” and “with faults, if any” and as a “job lot”, and apart from providing a platform for an auction, it is mostly left to the individual Buyers and Sellers to deal directly with each other.
TERMS AND CONDITIONS
This document describes terms and conditions applicable to your use of the services made available by Storage Auctions Proprietary Limited, registration number 2019/316867/07 (“Storage Auctions”) the owner and operator of the Website, (Storage Auctions and the Website collectively hereinafter "We," “Our,” or "Us"). PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. BY REGISTERING FOR AND USING THE SERVICES OR ANY FUNCTIONALITY ASSOCIATED WITH THE WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
CONTRACTUAL CAPACITY TO ACT
By accessing and registering on the Website, you warrant that you are at least 18 (eighteen) years of age and have the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where You act on behalf of a juristic person, You agree to be bound as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, You (where You acts on behalf of a juristic person) warrants that You have the necessary authority and capacity to enter into enter into and bind the juristic person to these Terms and Conditions.
Section 1. Important Information/ Definitions.
Please read the following terms and conditions of use carefully. Your use of and/or registration for additional services on this Website implies that You have read and accepted these Terms and Conditions unchanged. Do not use this Website if You do not agree and accept the Terms and Conditions provided below.
1. Definitions. The following terms shall have the following definitions unless inconsistent with their specific usage within the Terms and Conditions of this Agreement:
A. “Additional Agreements” means, collectively, all other policies and or terms and conditions published on the Website from time to time and the additional terms and conditions regulating a Sale and as communicated or published by an individual Seller on the Website. These terms are above and beyond the terms of the Website. When You bid on an auction, You are agreeing to accept the Sellers specific terms and conditions for applicable to that Sale in addition to the terms of use set out in this Agreement.
B. “Disclosed Agent” means Storage Auctions acting as an authorised agent for the Seller selling the property listed for sale. As such, Storage Auctions is merely creating a platform for and acting as a conduit for the Sale and shall at no point in time become a party to the sale.
C. “Sales” means the online public sale/auction of Unit(s) at storage facilities being sold for non-payment of rent pursuant to a signed storage agreement OR abandoned property or laws related to uncollected goods OR private sales and/or other non unpaid storage related sales. Some Sales may be Unit(s) with combined property from abandoned Unit(s). Others may be individual items from a Unit. How an auction is listed will be at the sole discretion of the Seller.
D. “Services” means the content, features, and functionality provided by the Website to allow the User to bid on and purchase the property/goods on offer through Sellers auctions listed on the Website; specifically, the Website is intended to act as an online venue to allow You the opportunity to bid on Seller auctions in an area which You designate within the Republic of South Africa. These online sales are exclusive to Our customers, meaning no live sale will be held simultaneously and the winner of any auction held on the Website as described herein is the winner of the Sale.
E. “Terms and Conditions” means the terms and conditions regulating the use of the Website and as set out in this Agreement which may be updated, changed or amended from time to time including any additional terms, conditions, or disclaimers which may be added to or modified, of which We will provide You notice via either a pop-up or hyperlink or on written notification to You (either via email or otherwise) when such changes are, from time to time, made by Us, and Your continued use of the Website thereafter constitutes Your acceptance of any change to the “Terms and Conditions”.
F. “Transaction” means any purchase effected by You through the Website of a unit or more than one unit for sale, particularly, Your bid or bids (winning or non-winning) and, if You are the winning bid, the consummation of the purchase and collection of the contents of the unit won all constitute the transaction.
G. "Unit(s)” means a a self storage unit of any size that contains goods and contents stored by a self storage customer.
H. “Website” means the www.ibidonstorage.co.za or any subsequent URL used by Us from time to time.
I. “We, Us, Our or Storage Auctions” all refer to Storage Auctions Proprietary Limited, registration number 2019/316867/07, a private company.
J. “You” or “User” means the person accessing the Website and/or Your authorised representatives and anyone You provide access to your user name and password for the purpose of entering into a Transaction or Transactions on the Website.
Section 2. General.
2.1 Services. This Agreement sets forth the general terms and conditions that apply to the use by You of the Website, including the features and services offered by Us from time to time at or through the Website . BY REGISTERING AS A USER ON THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS (AS DEFINED ABOVE). This Agreement is a legally binding instrument between You and Us and, if applicable, the individual Seller, and describes Your responsibilities in connection with Your use of the Services and, among other things, limits Our liability. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, You affirm that You are over 18 years of age and are otherwise capable of forming legally binding contracts, and that You agree to be legally bound and to abide by this Agreement. If You are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS THE WEBSITE AND REFRAIN FORM USING THE SERVICES.
2.2 Variation. We reserve the right, in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the Terms and Conditions of this agreement or any part thereof, at any time without notice.. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis as soon as it is posted on Our Website. You may also receive notice of these changes by link or a “pop up” when You next sign in to the Website. This Agreement may not otherwise be amended except in writing, signed by You and Us. Any signature by You may be electronic. Continued use of the Services and the Website by You constitutes Your binding acceptance of this Agreement, including any changes or modifications made by Us and posted on the Website, as described above. You agree to review the Terms and Conditions periodically to become aware of such revisions and to review Your compliance with them. If at any time the Terms and Conditions are no longer acceptable to You, You must immediately cease all use of the Services and the Website. The right to access and use the Services and the Website is personal to You and is not transferable to any other person or entity.
2.3 Additional Agreements. As part of the Services provided, we may from time to time provide You with additional terms and conditions of use applicable to Your use of the Services and the Website. Such additional terms and conditions shall be made available either on the Website or may be posted in relevant areas within the Website or may be agreed upon by You and Us in a separate written agreement (e.g. Privacy Policy; storage facility additional conditions of sale; all such additional terms and conditions, all such additional terms hereinafter referred to as the "Additional Agreements"). Together with this Agreement, such Additional Agreements will govern Your use of those Services and the Website or any other services made available by Us to You. We reserve the right, exercisable at Our discretion, to change or discontinue without prior notice some or all of the Services We provide from time to time at the Website, or change the applicable terms and conditions for Your use of such Services as set forth in the Additional Agreements. Without limiting any of the foregoing, the following policies published on the Website re hereby incorporated as Additional Agreements into this Agreement by reference and provide additional terms and conditions related to specific Services offered on the Website: 1) Privacy Policy (http://www.iBidOnStorage.co.za/privacypolicy); 2) Refund Policy (http://www.iBidOnStorage.co.za/refund policy) and 3) Seller sale rules and regulations (on the specific Sellers sale page). In case of any conflict between this Agreement and any Additional Agreements, the Additional Agreement will prevail and the terms of this Agreement will be deemed to have been amended insofar as may be required.
2.4 Your Account. Your Account is identified by Your chosen user Identification (Your "User Name") and You are the only party authorised to use Your User Name. You are responsible for maintaining the confidentiality of Your registered account with Us and any password(s) You have chosen or We may issue to You in connection with Your access and use of the Services and the Website. You are responsible for all uses of Your account, whether or not actually or expressly authorised by You. If You believe that Your account and/or password(s) have been misused or compromised in any manner, please contact Us immediately.
2.5 Covenant Regarding Your Account. You agree that You will not maintain multiple registered accounts or User Names with Us without Our express written consent. If You wish to maintain a multiple account, You may submit a request to do so including Your primary User Name and Your reason for having multiple accounts.
2.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and the Website and all charges of any description arising from or relating thereto.
2.7 We are not responsible for nor are we involved in conducting the auctions which may lead to Sales or Transactions. We are not involved in actual Transactions between users of the Website and any external website linked to the Website as defined on section 7.1 below.
2.8 Description of goods and/or services
Storage Auctions (Pty) Ltd is a business servicing the self storage industry, providing an online auction platform for self storage operators to sell the abandoned contents left in storage units
2.9 Delivery Policy
Subject to receipt of payment, winning bidders will be notified immediatly post closing of the transaction that collection of the purchased contents may take place by way of a confirmation email and auction reference number. Once a transaction is processed, customers need to collect their own goods. Customers are required to collect the goods they have purchased within 72 hours of the transaction closing.
2.10 Return and Refunds policy
Please see the refund policy
2.11 Responsibility
Storage Auctions (Pty) Ltd is only a venue acting through which We act as the Disclosed Agent for the Seller. We are not an auction house and are not conducting live auctions at the premises of the Seller. The Services allows You to participate in online auctions conducted by the Sellers. We are solely a passive conduit to facilitate communication between You and the Seller in respect of any potential Transactions and/or Sales. Storage Auctions Pty Ltd takes responsibilty for all the services associated with its website, customer services and support and dispute resolution.
Section 3. Online Auctions Participation.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU ACCESS TO ONLINE AUCTIONS CONDUCTED BY PARTICIPATING SELLERS.
3.1 The Website is only a venue acting through which We act as the Disclosed Agent for the Seller. We are not an auction house and are not conducting live auctions at the premises of the Seller. The Services allows You to participate in online auctions conducted by the Sellers. We are solely a passive conduit to facilitate communication between You and the Seller in respect of any potential Transactions and/or Sales. We reserve the right, in Our sole discretion, to change some or all of Our Services offered through the Website at any time.
3.1.01 Control. We have no control over and do not provide any warranties or guarantees around the quality, safety or legality of the items advertised on Our Website by a Seller for sale, the truth or accuracy of the listings, or the ability of Sellers to sell. We do not ensure that a Seller will actually complete a Transaction. Notice: Items placed for auction may be removed from auction up and until the time the sale expires, at the Sellers discretion.
3.1.02 Indemnity. Accordingly, because We are not involved in or a party to the actual Transaction between buyers and the Seller and furthermore do not provide any warranties or guarantees as per clause 3.1.01, You hereby indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from your use of the Website and/or the Services and/or any Transactions or Sales.
3.2 Eligibility. Each Seller that conducts an online auction will have its own specific action requirements, terms and conditions that must be met or be complied with in order for You to participate in that auction. Each Seller has sole discretion to refuse to approve Your eligibility for any auction. These requirements may differ from the Terms and Conditions to participate in an auction and these Sellers individual requirements may lengthen or shorten the amount of time to claim the property sold at auction to You and/or may change acceptable payment terms, which are described more specifically in Clause 12.4.
3.3 Fees. Any dispute with the Seller over availability of the kind and quality of the goods purchased is governed by the dispute procedures listed in Clause 13 among other places. You also agree to pay a cleanup deposit, listed on the Sellers specific terms and conditions. The Seller will collect the cleanup deposit when You arrive at the Seller’s facility to claim Your Unit(s). Usually the deposit is R250 however the specific Seller’s terms and conditions will confirm the amount. Should you not clean out the entire Unit’s contents to the satisfaction of the Seller, the Seller may retain your cleanup deposit to cover all associated costs.
3.4 Seller Disclosures. The Seller may provide either a specific inventory of the contents of the storage Unit or a general inventory describing the goods. In all cases, the description provided is the only information known by Us about the contents of the Unit and Your bid should be based upon the inventory provided by the Seller without reliance on Us. We make no warranties, express or implied, of the accuracy of the descriptions, the kind, quality, or count of any items or merchandise in the Unit. We do not control the information provided by the Seller which is made available through Our systems and You shall not be entitled to a refund from the Seller or Us in the event You do not determine that the kind, quality, or type of goods are present or that any of the goods sold in a winning bid to You from an auction are in working, safe, operable, or legal condition. You are strictly cautioned to inspect all items for illegal contents prior to removing them from the Unit should You be the winning bidder of a Unit or Units. Any illegal materials found including, but not exclusively, illegal pornography, guns, drugs, certain types of alcohol, and other items deemed not legal to sell, in the exclusive discretion of the Seller, are excluded from the sale and You should contact the local Police Department in the area where the Seller is located for seizure and removal of those items. Should You choose, intentionally or accidentally, to remove contents which contain illegal items You do so at Your sole risk of loss and liability. You hereby indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from your reliance on the inventory list provided by the Seller and/or your removal of illegal items form the Seller’s Unit and/or Your general failure to adhere to the terms of this clause 3.4.
3.5 Bidding and Conditions of Sale. You understand that, a sale may be withdrawn for any reason whatsoever by the Seller until the time has expired and a winner has been declared and notified by Us, via e-mail. Under certain other conditions, Your winning bid may be cancelled (See the end of this Agreement) and the contents returned to the renter of the Unit. You may only bid and use the Website if You are registered. When bidding, You agree to comply with the Terms and Conditions (and specifically the general rules of bidding described in Clause12.4) as well as the Sellers specific rules, terms and conditions or auctions or sale contained in the individual sale posting. All auctions will be conducted in South African Rand (ZAR). Sellers (acting in their sole discretion) - are entitled to set applicable minimum bids. The winning bid in any auction will be the highest bid to a registered participant on the Website (that exceeds the reserve price if any) and meets the other conditions that are specific to the Sale or Transaction. If You are the winning bidder, You acknowledge and agree that You have placed the highest bid above any reserve or minimum bid price and once We confirm acceptance of Your bid that You have entered into a legally binding contract to purchase and remove within the time period provided as part of the Terms and Conditions or the terms and conditions regulating the Sale or Transaction (as posted by the applicable Seller) the entire contents of the Unit from the Seller’s premises. Any attempt to cancel or withdraw Your bid after it has been accepted and determined to be the winning bid by Us or the Seller will be considered a breach of this Agreement. Rules governing bid increments and other conditions the buyer must meet to purchase the Units may change and are posted with each advertisement for each individual auction. The current minimum bid increment, on the Website, is R50 and may be higher based on the Seller’s requirements listed in the specific rules of the Seller. The Seller will post the terms and conditions which are specific to the sale and are in supplement to the ones contained in these Terms and Conditions statement and will maintain those terms throughout the entire auction period. You agree to be bound by these additional bidding Terms and Conditions of sale by agreeing to this Agreement and placing a bid. This Agreement, in addition to those terms and conditions posted by an individual Seller, governs Your bidding activity as well as Your participation in an auction. We have the final right and determination with respect to Your bid on the item, the sale of the item, the resolution of disputes including the right to, in Our sole discretion, to determine: (a.) who is the successful final bidder; (b.) any bid that We believe may have a detrimental effect on the item in question; (c.) any bid We believe to be a fraudulent bid as described below; (d.) any bid which does not meet the minimum bid increments. Finally, You understand that the sale is not considered consummated or final until all money due, is paid by You to Us. Until that time, You understand and agree that the renter of the Unit(s) may redeem that property from the Unit(s) until the sale is final.
3.6 Anti-Fraud/Fraudulent Bidding. Your right to bid on auctions, even close to the end of the sale, may be suspended for a manual anti-fraud check for up to thirty (30) minutes and may (in Our sole discretion) be suspended longer for a more complete investigation. Anti-fraud checks are performed if We believe You, as Our registered customer, are not the actual bidder, or winning bidder information is placed that indicates that the registered user is not the actual winning bidder, or if bid increments increase at rates or levels which We deem to be inappropriate, unacceptable, or a cause for concern of fraudulent activities. You shall have no claim against us should we (in Our sole discretion) elect to suspend your bid on the Website. Accordingly, You indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from you’re the suspension of your rights to bid on the Website in terms of this clause 3.6..
3.7 Closing out Bidding. Bids can only be made, and will only be accepted, during the specified time period. The Seller may extend the auction and specified time period at their sole discretion, for any reason whatsover. Additionally, any bid made within the last 1 minute of the specified time period extends the time so that 2 minutes shall remain. Therefore, there will always be 2 minutes remaining after any given bid. The online collection of bids shall not cease until the last (1) minute has passed without any additional bids.
3.8 Storage Auctions Website Video and Audio. Any audio or video aspects of an online auction event are for entertainment purposes only. You will not rely on any audio or video posted on the website or electronically to determine the status of the bidding on the Unit at the Sellers premises, nor the contents of the Unit and/or the value of such contents.
3.9 No Warranty. We do not warrant that the online auction service will be uninterrupted or error free, or that bids will be received by the Seller or information regarding current price will be transmitted in a timely fashion, nor do we guarantee the performance of any obligations by a Seller.
3.10 Limitation of Liabilities. In no event shall we, the Sellers, or our suppliers be liable for lost profits or any direct, indirect, special, incidental or consequential damages arising out of or in connection with the failure of any bid or pricing information to be transmitted or received by you or the Seller in a timely manner, the interruption of any data transmission, or this agreement (however arising, including our negligence). You hereby indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from any failure of any bid or pricing information to be transmitted or received by you or the Seller in a timely manner, the interruption of any data transmission, or this agreement (however arising, including our negligence).
3.11 Declined Credit Card payment. Prior to placing a bid you will be required to enter your credit card details. Should you be the winner of an auction the total amount payable will be immediately deducted from that credit card. Should that payment decline for any reason you will be deemed in breach of contract and to have defaulted on this Agreement. We and the Seller may continue to offer the Unit(s) to the next highest bidder, list the Unit(s) in the next scheduled sale for the Seller , or dispose of the contents as if You authorised us to do so, in which case You shall be liable for all cleaning and disposal costs. You agree to waive all claims against Us and the Seller arising from this declined payment, whether it be an error from your bank, hardware error, software error, internet connection, insufficient funds or otherwise. Note: We will make attempts to contact you, giving you an opportunity to honour your bid, but Administration Fees will be payable to help cover related expenses.
Failure to appear after winning. You have the time stated on the individual sale page (72 hours if not stated), from the time you are notified that you are the winner of the sale, to appear at the Sellers premises, pay the “clean up” deposit and remove all items from the auction Units. If you do not appear within 72 hours of being notified, regardless of any other communication you may have with the Seller, you will be deemed in breach of contract and to have defaulted on this Agreement. You continue to remain liable to the Seller for the purchase price of any Sale and/or Transaction and any resulting damages they suffer, including loss of future rental income arising from your default. The Seller and We may further offer the Unit(s) to the next highest bidder, list the Unit(s) in the next scheduled sale for the Seller, or dispose of the contents as if You authorised us to do so, in which case You shall be liable for all cleaning and disposal costs. You agree to waive all claims against Us and the Seller arising from wrongful disposal once You are in default. We may further terminate Your right to participate in future sales on the Website for any period of time We deem appropriate. You hereby indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from your failure to comply with and Our subsequent exercising of the rights afforded to Us in terms of this clause 3.11.
3.12 Security Policy. When purchasing via the iBidOnStorage website your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology, signed with the NIST recommended 2048 bit signatures and provides 256 bit encryption of customer data. 256-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support at [email protected]. Credit Card data is transmitted securely through to Paygate’s PCI DSS compliant servers via Paygate’s Rapid API. Credit card data is not stored with www.ibidonstorage.co.za. Paygate is the single point for processing payments. iBidOnStorage.co.za uses Paygate’s token payments; a customer token ID generated by Paygate, called upon to charge the associated customer credit card in Paygate’s system.
Card transactions will be acquired for Storage Auctions via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
3.13 Customer Details Separate from Card Details. Customer details will be stored by (Your Company) separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
3.14 Merchant Outlet country and transaction currency . The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Section 4. Information You Provide to Us.
4.1 Your Information. The term "Your Information" means collectively the following: (i) any information or materials You provide to Us in connection with Our registration process, Your use of any Services or the Website or in email correspondence with Us, (ii) any information or materials You provide to other users of the Website in connection with Your use of any Services or the Website, or in any public message board or chat room area, (iii) any information or materials You provide to the Seller or other third party of Storage Auctions in connection with Your use of any Services or the Website, and (iv) any search terms or other instructions that You transmit to Our servers through a web browser. Please note that the information and materials belonging to You which may be a portion of this Agreement may include without limitation textual information, graphic images, photographs, and audio-visual materials. Except as may be otherwise expressly provided to the contrary in this Agreement or the Additional Agreements, You are solely responsible for Your Information, and We act at all times as a passive conduit for Your online distribution, communication, and/or publication of Your Information.
4.2 Covenant Regarding Your Information. You agree that Your Information: (i) will not be false, inaccurate, frivolous, or misleading, (ii) will not infringe any third party`s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, (iii) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), (iv) will not be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or obscene, (v) will not contain any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services or the Website, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services or the Website, (vi) will not create any liability for Storage Auctions or cause Storage Auctions to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates, and (vii) will not contain any links to or from other information or websites for which You do not have the right to make or reproduce such links.
4.3 Updated Information. If You are a registered user of the Website, You agree to promptly update Your account registration information in order to keep it current, complete, and accurate.
4.4 Limited License. To enable Us to use Your Information, so that We are not violating any rights You might have in Your Information, You hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) You have in Your Information, in any media now known or hereafter existing, with respect to Your Information.
4.5 Privacy Policy. iBidOn is committed to protecting your privacy. Click here https://www.iBidOnStorage.co.za/privacypolicy for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. iBidOn may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorised herein and unless otherwise authorised or consented, you agree not to use any information regarding other participants which is accessible from the Website or disclosed to you by iBidOn except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassments, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Privacy Policy. You also give Your consent to the way We may use Your Information pursuant to the Privacy Policy. If You have any questions not addressed in Our Privacy Policy Document, You should address them to 24 Senna Road, Killarney Gardens or email to [email protected]. Any information You provide to a Seller or other third parties is governed by their respective privacy policies.
Section 5. Use of Content.
5.1 Copyright. You acknowledge that the Services and the contents of the Website contain information, text, software, photographs, music, audio and video clips, graphics, links and other material (collectively, the "Content") that are protected by copyright, trademark or other proprietary rights of Storage Auctions, the Sellers , or third parties. All Content used or made available through the Services or the Website is copyrighted to Storage Auctions pursuant to applicable copyright law. Storage Auctions owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to Storage Auctions and specifically the form and format for conducting online storage auctions. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Services or the Website.
5.2 Limited License. Subject to Your compliance with the Terms and Conditions (including without limitation the restrictive terms and conditions set forth in this Section 5), and except to the extent otherwise expressly provided in an Additional Agreement between You and Storage Auctions, You are granted a limited non-exclusive, non-transferable, non-sub-licensable, and revocable license to access the Services, the Website and/or Content only for Your own personal non-commercial use.
You acknowledge that all Content included with the Services or the Website is provided for Your own use. In no case shall You re-publish the Content in any form without express written permission of Storage Auctions. Your right to use the Services or the Website is limited to a single workstation at a time unless an additional agreement for network access has been signed by both parties. You acknowledge that You are not permitted to sell or otherwise dispose of any software downloaded from the Website or Us and that no rights granted hereunder may be assigned or sublicensed , any assignment or sublicense being void.
You agree that You may not in any way exploit or commercially use any of the Services and/or Content, in whole or in part, except as expressly permitted in this Agreement or in an Additional Agreement. You acknowledge that You do not acquire any ownership rights by accessing or downloading copyrighted materials. You shall not store electronically any portion of any Services and/or Content. You may not collect and use email addresses of other users of the Website or other user account information, listings, or perform any form of data extraction or data-mining whatsoever.
5.3 Trademarks. The Storage Auctions name and associated logo is proprietary to Us, ALL RIGHTS RESERVED. All other trademarks (registered or in the process of registration), service marks, product names and company names or logos appearing on the Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication without the prior written permission of the owner of same, is strictly prohibited.
5.4 Uploading or Posting Content. You will not upload, post, or otherwise make available through the Services any content protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting content to any public area of the Website, You hereby grant, or warrant that the owner of such Content has expressly granted Us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. You also permit any other user of the Services or the Website to access, view, store, or reproduce such content for that user`s personal use.
5.5 You hereby indemnify Us (and Our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) on demand and on a rand for rand basis against any claims that may be brought against Us (either by You, a Seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from any breach of the terms of this clause 5.
5.6 Beneficiaries. The foregoing provisions of this Section 5 are for the benefit of Storage Auctions, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Section 6. Website Access; Interference with Services; Monitoring; Compliance with Laws.
6.1 Website Access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and operation of the Website may be interfered with by numerous factors outside of Our control. Internet connection speed will determine how rapidly pages with photographs load to Your browser.
6.2 No Interference. You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy Our web pages or the content contained herein without Our prior expressed written permission. You agree that You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Services, or any transaction being conducted on or through the Website or Services. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our server infrastructure of the Website.
6.3 Fraudulent Activity. You may not register to use any Services under a false name, or use an invalid or unauthorised credit card in connection with any Services. You may not make offers to purchase any goods or services under a false name while using the Services or the Website. You may not impersonate any other user of the Services or the Website, or make use of another user`s password(s). Such fraudulent conduct is a violation of the Agreement. Fraudulent conduct may be reported by Us to law enforcement authorities, and We will cooperate with such authorities to ensure that violators are prosecuted to the fullest extent of the law. Any cooperation with the relevant authorities (as aforesaid) shall not cause us to be in berach of any terms of this Agreement.
6.4 Monitoring. You agree that Storage Auctions has the right, but not the obligation, to monitor any form of user activity and/or content linked to or from or otherwise associated with the Services or the Website. We may investigate any reported violation of Our Agreement, Additional Agreements or Website policies, and any user or other third party complaints relating thereto. We may take any action that We deem appropriate in connection with any such investigation without notice (including without limitation issuing warnings, suspending or terminating Services, denying Website access and/or removing any materials posted on the Website, and/or temporarily suspending an account during such investigation), all of which is described in Section 8.1. We may also investigate, in Our sole discretion, the use of any credit card used by You in connection with the Services, and take such action as We deem necessary or appropriate, including without limitation contacting the owner or user of such credit card or cancelling purchases placed by such owner or user.
6.5 Compliance with Laws. The Services or the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services or the Website and any transactions that may be conducted by means of the Services or the Website.
Section 7. External Websites; Linking.
7.1 External Websites. The Services may contain links to websites on the Internet that are owned and operated by third parties (the "External Websites"). This Agreement does not apply to Your use of any External Website to which the Website links and We are not responsible for the availability of any External Website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any External Website, and You acknowledge that We are not responsible for the availability of, or the content, advertising, products, or other materials located on or through, any External Website. Under no circumstances will We be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to You in connection with Your use of, or reliance on, any content, goods, or services available on any External Websites and you accordingly hereby indemnify us on demand and on a rand for rand basis for any such loss or damages. If You decide to access an External Website, You do so at Your own risk. You should contact the Website administrator or Webmaster for those External Websites if You have any concerns regarding such links or the content or services located on such External Websites.
Section 8. Breach.
8.1 Without limiting other remedies, We may (in our sole discretion) either immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your registered user account on the Website and/or refuse to provide the Services to You: (i) if You breach any provision this Agreement or any of the Additional Agreements it incorporates by reference or which You have separately entered into with iStorage Auctions; (ii) if We are unable to verify or authenticate any information You provide to Us; or (iii) if We believe that Your actions may cause legal liability for You, Us, Our other users, or other third party business affiliates.
Section 9. Indemnity.
9.1 In addition to any indemnities already provided in this Agreement, You hereby indemnify (on demand and on a rand for rand basis) and hold Storage Auctions and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Company Parties") harmless from and against any and all claims, liability, losses, costs, damages and expenses (including legal fees) incurred by any of the Company Parties in connection with (i) any use or alleged use of the Service or the Website under Your password by any person, whether or not authorised by You or (ii) any breach by You of any terms of this Agreement or any applicable Additional Agreement or (iii) any Transactions entered into with any Seller or (iv) any use by You of the Website or the Services.
9.2 In all instances where an indemnity is provided in this Agreement, Storage Auctions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Storage Auctions` defense of such claim.
Section 10. Termination of or Change in the Services.
10.1 Storage Auction shall not be liable to You or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services or the Website and you accordingly indemnify Storage Auctions on demand and on a rand for rand basis. Storage Auctions reserves the right, in its sole discretion, to restrict, suspend, or terminate Your access to all or any part of the Services or use of the Website at any time for any reason without prior notice or liability. Storage Auctions may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content without prior notice or liability.
SECTION 11. DISCLAIMER OF WARRANTIES.
11.1 Storage Auctions provide no warranties (whether expressed or implied) in respect of the Services or the Website. Neither Storage Auctions nor any provider of third party content or their respective agents warrants that the Website or Service will meet your requirements or be uninterrupted, timely, secure or error free; nor does Storage Auctions, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Website, Services or the Content. The Services and the content are distributed on an "as is, as available" basis. None of Storage Auctions, third-party content providers, and their respective agents make any warranties of any kind, either express, implied, or statutory, including, without limitation, warranties of title or implied warranties of merchantability, fitness for a particular purpose or non-infringement, with respect to the Website, Services, any Content or any products sold through the services. Neither Storage Auctions nor any third party content provider warrants that any files available for downloading through the Website or Services will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the Services, use of the Website and the accuracy or completeness of the Content is assumed solely by you. Without limiting any provision herein, Storage Auctions makes no warranty that any particular computer system configuration will be compatible with the Website. It is your sole responsibility to ensure that your computer system has the recommended hardware, operating software, and internet browser software versions to achieve the Website`s full functionality and capabilities.
SECTION 12. LIMITATION OF LIABILITY.
12.1 The limitation of liability contained in this section 12 applies to any damages or injury caused by or resulting from Your use of the Website and the Services (including but not limited to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any record, whether for breach of contract, in delict, negligence, or under any other cause of action). You specifically acknowledge that Storage Auctions is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
12.2 Under no circumstances will Storage Auctions or its affiliates, or any of its shareholders, officers, directors, employees or agents be liable for any loss or damage caused by your reliance on information obtained through either the Content, the Website or the Services, or any loss or damage caused by you being exposed to information contained on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12.3 Neither Storage Auctions nor any third-party content provider, nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the Website or Services, even if such party has been advised of the possibility of such damages and you accordingly indemnify us (on demand and on a rand for rand basis) against any claims arising out of any such claims. In any event, should We be found to have any liability towards You, Our liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the lesser of (a) the amount of buyer premiums You pay to Us in the 6 months prior to the action giving rise to liability, and (b) .
12.4 Specific Auction Rules Pertaining to Sellers. The following are the specific rules regarding purchase from the Sellers. Additional rules by sale or seller may apply and are listed on the individual auction page:
1. The public sale being conducted may or may not be pursuant to the storage agreement, for tenants who are in default.
2. The decision as to the winner of each sale by Storage Auction is final and binding on each sale. Winning bidder will be notified by e-mail.
3. Each of the storage Units may have been opened before sale for inspection or inventory.
4. All items purchased are ``as is, where is" and are sold voetstoots. All sales are FINAL as no refunds are given. The Seller does not warrant or guarantee any item purchased.
5. All purchased items should be inspected prior to leaving the Unit, especially items of furniture. Customers have been known to store illegal substances, so please check each item carefully. The Seller is not liable for any illegal contents removed from the storage Unit by winning bidder.
6. All winning bidder payments will be payable to Storage Auctions immediately at the end of the auction. Payment will be deducted immediately from the Credit Card provided by the bidder and an email notification informing the winning bidder will be sent.
7. There may be a deposit listed on the Seller auction page on each purchase (per Unit). The deposit will be payable to the Seller when You arrive to clear the Unit and will be refunded when You leave the Unit "broom clean," and to the Seller’s satisfaction.
8. Unless otherwise stated on the Seller auction page, the Unit must be fully and finally vacated within 72 hours of notification of the winning bid. After that time, the goods left will be deemed abandoned and disposed of by Seller in any reasonable manner and the Seller will not be liable to any winning bidder for disposal of the abandoned property. If You do not collect items within the allotted time frame, the Seller may dispose of the contents or offer the Unit to the next highest bidder or sell the Unit at the next auction (all at the Seller’s sole discretion.) You remain obligated to the Seller for its damages (See Provision 3.11).
9. A reserve may be in place for each individual unit which will be announced on the individual auction page
10. Unless otherwise stated, all rand amounts are inclusive of VAT (Value Added Tax).
11. Items of a personal nature found in the purchased Unit or Units, such as marriage certificates, photographs, birth certificates, tax records, etc., are excluded from the sale. If you find such items, you agree to bring these to the attention of the Seller so they can deal with them in the appropriate manner.
Section 13. Miscellaneous.
13.1 Governing Law. All disputes, claims or controversies arising out of this Agreement, an Additional Agreement or the negotiation, validity or performance of this Agreement or an Additional Agreement, or the transactions contemplated hereby shall be governed by and construed in accordance with the laws of the Republic of South Africa. Each of the parties irrevocably and unconditionally consents to submit to the sole and exclusive jurisdiction of the Western Cape Provincial Division of the High Court, Cape Town for any litigation among the parties arising out of or relating to this Agreement, or the negotiation, validity or performance of this Agreement. Notwithstanding the aforementioned, We shall (acting in our sole discretion) be entitled to, on written notice to You, institute legal proceedings in any Magistrate’s Court notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrates` Court.
13.2 Country of Domicile. This website is governed by the laws of South Africa and Storage Auctions chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 22 Senna Road, Killarney Gardens, Cape Town, 7441.
13.3 Headings. Section headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.4 Severability; Construction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions of Additional Agreements (whether such Additional Agreements are posted in electronic format on the Website or are separate written agreements entered into between You and Storage Auctions) such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions of the Additional Agreements shall control.
13.5 Waiver. Storage Auctions’ failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Storage Auctions’ right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Storage Auctions must be made in writing and signed by an authorised representative of Storage Auctions’ specifically referencing this Agreement and the provision to be waived.
13.6 Assignment; Third-Party Beneficiaries. This Agreement will inure to the benefit of Storage Auctions’ successors and assigns. Except as set forth in this Agreement, this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto.
1.2 13.7.1 The parties choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses –
13.7.1.1 Us: The physical and email address provided in clause 14 of these Terms and Conditions
13.7.1.2 You: The physical and email address provided by You during registration on the Website
13.7.2 Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing but it shall be competent to give notice by e-mail. Any notice:
13.7.2.1 sent by prepaid registered post shall be deemed to have been delivered on the 7th day after posting;
13.7.2.2 delivered by hand to a responsible person at the physical address chosen by a party, shall have been received on the day of delivery; and
13.7.2.3 sent by email to its chosen email address shall be deemed to have been received on the first business day following the date of dispatch (unless the contrary is proven)
13.8 No Agency; Third-Party Beneficiary. Storage Auctions is not the agent, trustee or other representative of You or any individual Seller. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be constructed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representation, warranties, covenants, conditions and provision hereof are intended to be and are for the sole and exclusive benefit of Storage Auctions, the Seller and You.
13.9 Integration. This Agreement (read with any Additional Agreements) constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter hereof.
14. COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002
In compliance with section 43 of Electronic Communications and Transactions Act, We draw Your attention to the following information relating to it:
i) Full name and legal status –
Storage Auctions Proprietary Limited, registration number 2019/316867/07 trading as ibidonstorage.co.za.
A private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa
ii) Physical address, telephone number and email-
22 Senna Road,
Killarney Gardens,
Cape Town, 7441
021 556 2324
iii) Website address and e-mail address –
http//www.iBidOnStorage.co.za
iv) The registration number, the names of the Provider’s office bearers and its place of registration –
v) The physical address where the Provider will receive legal service of documents –
The address as disclosed under sub-section ii of this clause 14
vi) A sufficient description of the main characteristics of the services offered by the Provider –
The establishment and maintaining of the Website through which willing Sellers and willing Buyer engage in online auctions.
vii) the full price of the services, including costs, taxes and any other fees or costs –
Sellers are entitled to set a minimum purchase price. Pricing determined on successful close of an online auction.
viii) Payment Options Accepted –
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.
ix) Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers -
Please see the refund policy
x) The time within which the goods will be dispatched or delivered or within which the services will be rendered –
You are required to collect the contents of the Unit sold to You. Please see clause 3.11.
xi) The manner and period within which the User can access and maintain a full record of the transaction –
You will be required to contact Us directly to access any transaction documentation. Transaction histories are available for a period of two years.
xii) The return, exchange and refund policy of the Provider –
See the Refund Policy
xiii) The security procedures and privacy policy of that supplier in respect of payment, payment information and personal information –
Please see clauses 3.12, 4.5 and the Privacy Policy.
