Terms & Conditions
This Agreement is a binding agreement between you and Bid4Africa, so please read it carefully. You will only be entitled to register as a bidder once you have accepted the terms and conditions of this Agreement by clicking on the "I ACCEPT" button when registering with us.
PART 1: DEFINITIONS
"Agreement" means these terms and conditions;
“Auctioneer” means Bid4Africa or any entity or person duly authorized by Bid4Africa;
"Bidder" means any person, firm or company who accesses the Site, whether or not you participate in any of the on-line auctions;
“Bid4Africa” means Lazpil International Investments (Pty) Ltd of 5 Guilva House, 47 Blaauwberg Road, Tableview, Cape Town, its nominees and successors in title;
“Credits” means the credits purchased by a bidder and which credits are to be used in the bidding process in the minimum bids increments as specified by Bid4africa;
“Displayed Final Bid Price” means the price of the goods/services which will appear on the site and which will increase as and when bids are placed on such goods/services so that the ultimate successful bidder will be required to pay the said Displayed Final Bid Price within 48 hours of the bid having been knocked down to such bidder;
"Indemnified Party" means Bid4Africa, its directors, officers, employees, contractors, consultants and agents, and any related entities, associates or affiliates of Bid4Africa, and each of their respective directors, officers, employees, contractors, consultants and agents;
"Intellectual Property Rights" means intellectual property whether protected by common law or under statute including (without limitation) copyrights, patents, trademarks, all rights in relation to any inventions, registered and unregistered designs including drawings;
"Seller" means Bid4Africa who is also the Auctioneer;
"Services" means the on-line auction services on this Site;
"Site" or "Website" means the Internet website by which Bid4Africa offers the Services from time to time, currently www.Bid4Africa.co.za.
"user" or "users" means any Bidder, or someone who is otherwise using the Site;
"VAT" means any value added tax, or other consumption tax;
"we", "us", "our", "ourselves" and " Bid4Africa " are used interchangeably in this Agreement and all mean Bid4Africa;
"you" or "your" means you, the Bidder, your successors and permitted assigns; and
"your information" includes all information you provide to us in using this Site, including, without limitation, as applicable:
- (a) Full name and surname;
- (b) Identity number if any/date of birth; and
- (c) Address.
PART 2: AUCTION TERMS AND CONDITIONS
1 NO AGENT
We are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods or other items for auction on this Site;
- 2.1 We will provide you with the Services.
- 2.2 Once you have registered as a bidder, we will provide you with a username and password in order to login as required.
- 2.3 We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
- 2.4 You agree that Bid4Africa may restrict and/or terminate its services to you at any point in time if Bid4Africa is of the opinion that it would is in its best interests, or the best interest of the other users of the Site to do so.
- 2.5 Reminder e-mails are a courtesy service offered by Bid4Africa. We do not make any gaurantees regarding the delivery of these e-mails to your inbox.
No fees are charged for registering as a bidder on the Site.
4. AUCTIONS AND BIDDING
4.1 The Bid4Africa may set a reserve or minimum price for the goods/services to be auctioned, but that reserve or minimum price must not be set out in the information provided about the goods/services to which that reserve or minimum price applies, or otherwise disclosed to any person at any time.
4.2 In the information provided about the goods/services Bid4Africa offers for sale on this Site, Bid4Africa will indicate:
- 4.2.2 the minimum bid increments;
- 4.2.3 date and time of opening, and closing, of the auction;
- 4.2.4 terms of delivery;
- 4.2.5 returns policy;
- 4.2.6 taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the successful Bidder; and
5.1 You agree and warrant to us that:
- 5.1.1 your registration information is accurate and correct;
- 5.1.2 you will not introduce into the Site any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
- 5.1.3 you have the legal capacity to register as a bidder and participate in the on-line auctions;
- 5.1.4 you use the services on this Site at your own risk;
- 5.1.5 if you are bidding for adult goods and services, that you have the legal right to purchase those goods and services.
- 5.1.6 by making use of the auto-bidder functionality you do so at your own risk and discretion as we cannot guarantee the reliability of the auto-bidding function. .
6 CONDUCT OF AUCTION
6.1 The rules for conducting auctions on this Site are as follows:
- 6.1.1 no bids below the stated minimum bid increment relating to the auction/s in question will be accepted.
- 6.1.2 all bids are final and not retractable by the bidder and a bidder shall be deemed to be the successful bidder when he/she placed the highest bid just before the close of the auction;
- 6.1.3 Bid4Africashall be entitled in its own discretion to withdraw an auction before any bidding starts in respect of such goods or services;
- 6.1.4 bids are to be placed as per the minimum bid increment which differs per auction;
- 6.1.7 once a credit/s have been bid it is deemed to be used and cannot be re-used;
- 6.1.8 Bid4Africa as the auctioneer shall have the sole and absolute right to close any auction where deemed necessary. In the normal course of bidding the closure of an auction is solely dependent on the bidders of that auction and can only close when a final bid has been placed and no further bids are placed within 15 seconds of the last bid, the auction will close;
- 6.1.9 the highest bidder shall be the bidder who is the last person to have used his/her credits in the auction process and who has agreed to pay the Displayed Final Bid Price for the goods/services being auctioned;
- 6.1.10 once the auction has closed and the highest bidder has been identified by Bid4Africa, the said decision shall be final and binding and shall not be subject to change, dependant on the successful bidder complying with the terms as set out in clause 6.1.10 below;
6.20 once a bidder has successfully bid on any goods/services, the successful bidder shall be required to pay the Displayed Final Bid Price of such goods/services to Bid4Africa within 48 hours of the finalization of the bid, failing which the bid shall be knocked down to the second highest bidder who shall similarly be required to make payment of the Displayed Final Bid Price within 48 hours of notification, failing which such goods/services shall be forfeited to Bid4Africa;
6.21 Bid4Africa as the auctioneer shall have the power to conduct any auction in accordance with such rules and terms as it may determine, and its decision shall be final and binding.
7 BID4AFRICA DISCRETION
7.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services to be offered for sale by way of auction if:
- 7.1.1 we are required by law to do so;
- 7.1.2 you breach any provision of this Agreement; or
- 7.1.3 for any other legitimate reason whatsoever,
in which event you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this clause 7, are hereby waived.
8 COMPLETION OF AUCTION
8.1 All auctions will have a countdown timer present at all times. During the final 15 seconds of the auction, any bid placed within the final 15 seconds will add 10 seconds to the timer. This affords an equal opportunity to everyone to place their bids . Should no further bids be placed within 15 seconds of the last bid, the auction will close. This means the closure of an auction is solely dependent on the bidders of that auction.
8.2 The winning bidder will be responsible to furnish Bid4Africa with an address within the Republic of South Africa where the goods or services bought by way of auction can be delivered, together with a mobile number;
8.3 Upon delivery of the goods or services to the successful bidder, possession and ownership shall pass to such bidder.
8.4 As such, Bid4Africa shall be responsible at its own cost to deliver the goods or services to the successful bidder and the successful bidder shall not be required to pay such delivery charges.
PART 3: GENERAL TERMS AND CONDITIONS
9.1 Bid4Africa may amend these Terms and Conditions in their sole and absolute discretion, and any such changes on this Site that will be effective forthwith.
9.2 By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this clause. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance herewith will be deemed to be your acceptance of those changes to the terms of this Agreement.
10 COMPLIANCE WITH TERMS AND CONDITIONS
10.1 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless doing so could implicate us in criminal or civil wrong, any law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess or we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
10.2 If we believe, whether or not we have conducted any monitoring, that you are not complying, or may not comply with any of the provisions of this Agreement, then we may (but shall not be obliged to) send you a warning asking you to rectify your conduct before denying you further access to the Site.
10.3 If you:
- 10.3.1 infringe or are suspected of infringing the Intellectual Property Rights of Bid4Africa or any other person;
- 10.3.2 are suspected of or are convicted of having been engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
- 10.3.4 otherwise in breach of this Agreement
then and in such event we may, in our absolute discretion:
- 10.3.4.1 withhold from you, your use of any or all of the Service and access to the Site, and access to your information;
- 10.3.4.2 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
- 10.3.4.3 restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
- 10.3.4.4 terminate this Agreement and cancel our obligation to provide the Services.
11 USE OF SITE
11.1 In using this Site, you must not:
- 11.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute our software or other data;
- 11.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
- 11.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
- 11.1.4 engage in any practice or conduct that is unlawful under any laws applicable to you;
- 11.1.5 copy, modify, or distribute rights or content from our sites, services or tools or our Intellectual Property Rights;
- 11.1.6 collect and/or store information about users (including email addresses), trades listed or sales activities conducted on Bid4Africa without the express permission of Bid4Africa;
11.2 Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
11.3 The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not be compliant with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
11.4 You will not engage in spamming, indiscriminate advertising, unsolicited commercial email, cyber squatting or typo squatting.
11.5. You will not operate or utilise a web site or email link to web sites that contain or promote any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or that offer any illegal goods or services, or link to a web site(s) that does so.11.6 You will only be allowed to have access to the Site for the purposes of participating in the bidding process once you have completed the registration process.
11.7 You must be 18 years of age and older and have a valid South African identity number.
12.1 You represent and warrant to us:
- 12.1.1 if you are an individual who is eighteen (18) years or older and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement;
- 12.1.2 if you are a juristic entity, you are duly authorised to enter into this Agreement on behalf of such juristic entity;
12.2 Transactions in case of a minor:
- 12.2.1 If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of Bid4Africa, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian;
- 12.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Bid4Africa.
12.3 We reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should Bid4Africa, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
12.4 To the extent that you utilize our services, we shall deem it that you were/are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
13 USE OF INFORMATION
13.1 You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.
- 14.1.1 What personal identifiable information of yours or third party personal identification is collected from you via this site;
- 14.1.2. The organization collecting the information;
- 14.1.3. How the information is used;
- 14.1.4. With whom the information may be shared;
- 14.1.5. What choices are available to you regarding collection, use and distribution of the information;
- 14.1.6. The kind of security procedures that are in place to protect the loss, misuse or alteration of Information under our control;
- 14.1.7. How you can correct any inaccuracies in the information.
14.2 Information Collection and Use
- 14.2.1 When we collect personal information about you, we will collect this information from you lawfully and fairly and not in any unreasonably intrusive way. You acknowledge and agree that we may collect this information from you in connection with or as a consequence of your use of our Site.
- 14.2.2 We are the sole owner of the information collected on this site.
- 14.2.3 We collect information from our users at several different points on our Site. We collect information about your bidding and buying and activities as well as from ratings and comments possibly received from other users regarding you engaging in those activities. We also collect information from any form of correspondence as well as information from you if you choose to partake in special promotions with third parties on our Site. This information will be shared with that third party, but only with your consent and for the purpose of that promotion.
- 14.2.4 We will also collect financial information about you if you choose to bid for certain goods and services on our Site. We may pass your payment information onto recognised partners in certain cases. Other information that we collect is outlined below.
- 14.3.1 In order to use our Site, you must first complete the registration form and accept these Terms and Conditions. When you register we will collect personal information such as your name, address, identity number, email address, telephone and fax numbers which are required to register you as a bidder. We also may elect to collect additional information (such as “How did you hear about us?”, your interests), and unique identifiers (such as your company name and VAT number, if applicable). All information that is mandatory is made known on the registration form and is necessary to complete the registration process. You are encouraged to provide the additional, optional information specified on the registration form so we can provide you with a more personalized experience on our site.
- 14.3.2 We may, at our sole discretion, request additional personal information from you. You may be required to confirm such details as your identity number, address and contact information for security and verification reasons. This information may include copies of ID documents, passports, utility bills, licenses, rights to sell or distribute a particular item or product, legal or financial documentation, or any other documentation related to your use of this website (but not limited to this).
A Cookie is a small data file that your browser writes to your own computer’s hard drive in order to remember certain information and is linked to some personally identifiable information while on our Site. Cookies are used to store your Username and Password so that you don’t need to type these in each time you log in to our Site. If you reject cookies, you may still browse our Site. However, in order to log in and bid, cookies are required to be turned on.
14.5 Log Files
We collect statistical information about you from page hits. Every page, image or cgi program requested by your browser from our servers is logged in a log file, which also collects the following information: your remote IP address, the referring HTML page and the type of browser and computer that you are using. We use IP addresses to analyse trends, administer our site, track your movements, and gather broad demographic information for aggregate use. The statistical information we gather is used internally for marketing analysis. This information and IP addresses are not linked to personally identifiable information.
- 14.6.1 If you are the successful bidder, then your name, email address, phone number and fax number will be used so as to effect delivery of the goods/services that you have purchase once you have paid the Displayed Final Bid Price .
- 14.6.2 We will release information about you when required by law to do so. Otherwise, we may release information about you, at our sole discretion, if we believe, that such release of information is reasonably necessary or appropriate to:
- 14.6.3 You also agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred and however arising through the release of your personal details.
(a) enforce or apply the Terms and Conditions of Use of this Site; or
(b) to protect the rights, property or safety of Bid4Africa, our users or others.
14.7 External Links
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this site.
14.8 Surveys And Contests
- 14.8.1 From time-to-time we may request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose any information to us. Information requested may include contact information (such as email addresses) and demographic information.
- 14.8.2 Contact information will be used by us to notify the successful bidder and also for promotional mailings. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this site.
14.9 Public Forums
If we make chat rooms and message boards available to our users, please remember that any information that is disclosed in these areas becomes public information. You should therefore exercise caution when deciding to disclose your personal information. We may, from time to time, monitor private messages and communication between users using our forum private messaging system, to ensure security and policy adherence.
We take every precaution to prevent the loss, misuse and alteration of all information under our control. When you submit sensitive information via our site, your information is protected both online and offline.
14.11 Correction/Updating Personal Information:
If any of your personally identifiable information changes, you must update your personal data provided to us.
Should we decide to publish a newsletter and if you no longer wish to receive our newsletter or other information,, surveys or promotional materials from us or our partners you may opt-out of receiving these communications by following the unsubscribe instructions in the relevant email or by emailing us at firstname.lastname@example.org.
14.13 Notification of Changes
- 14.13.1 If we decide to change our privacy statement, we will post those changes on our Homepage or in our newsletter so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
- 14.13.2 If we change the way we use your Personally Identifiable Information we will notify you by email in our newsletter. If you would like to opt out of having your information used in this new manner, we will ask you to contact us within a month and your information will not be used.
15 USER TRAFFIC AND CONTENT
15.1 Please note that we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore you agree that you:
- 15.1.1 are responsible for the flow and storage of your information through our computer systems and network resources;
- 15.1.2 take full responsibility for data, files and other information you own, send or receive and ensure that at all times you maintain adequate backup copies as appropriate;
- 15.1.3 must not engage in mass postings of messages, either through e-mail or onto newsgroups, or engage in any harassment, 'electronic stalking' or 'spam';
- 15.1.4 must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
- 15.1.5 accept that certain content on this Site, despite any steps we may take may contain material that you may possibly find inappropriate, offensive, inflammatory, or adult in nature and further accept that we do not endorse such materials and disclaim any and all liability for their contents.
15.2 We cannot and do not know whether you have given access to your Bid4Africa account to other people. You are therefore totally responsible for:
- 15.2.1 when and how your account with us is used; and
- 15.2.2 the actions of the people (if any) you allow to access, or transmit information through this Site, our computer systems and network resources or otherwise utilise the Services (whether or not you have given them your login and password details or not).
16 DISCLAIMER AND LIMITATION OF LIABILITY
16.1 Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense or other claims of any nature whatsoever by any person and however arising, whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site or the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
- 16.1.1 a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely or the taking offline of any of those computer systems or network resources for any reason;
- 16.1.2 any circumstances which produce or have the consequence of producing a degradation, fall-off or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;
- 16.1.3 that bids were not processed or accepted due to technical difficulties or for any reason whatsoever;
- 16.1.4 whether we or any other person could have foreseen such a loss or type of loss or were negligent or reckless, including, but not limited to, any economic or consequential loss or damage, any and all damage to or loss of any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
- 16.1.5 any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
- 16.1.6 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
- 16.1.7 any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;
- 16.1.8 any action taken by us under this Agreement, including, but not limited to, action taken under this Agreement;
- 16.1.9 any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives;
- 16.1.10 any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.
16.2 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
16.3 If any legislation or law prohibits the limitation of our liability as set forth above, then at our sole option we shall be entitled to implement any one or more of the following:
- 16.3.1 the replacement of the goods or the supply of equivalent goods;
- 16.3.2 the repair of such goods;
- 16.3.3 the payment of the cost of replacing the goods or of acquiring equivalent goods;
- 16.3.4 the payment of the cost of replacing the goods repaired; or
- 16.3.5 the re-instatement of the credits used by the bidder and also the Displayed Final Bid Price of the goods purchased on auction.
16.4 Notwithstanding anything else in this Agreement if an Indemnified Party is liable to you, whether in respect of negligence or other direct, breach of contract or warranty, breach of statute or statutory duty, equity or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this Agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12 month period commencing on the execution of this Agreement or the anniversary thereof shall be R100.00.
17 RELEASE AND INDEMNITY
17.1 Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
- 17.1.1 your use of the Services;
- 17.1.2 the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;
- 17.1.3 any alleged breach of a person's rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
- 17.1.4 any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.
18.1 You and Bid4Africa must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 20 before starting any proceedings (except proceedings seeking urgent interlocutory relief).
18.2 The procedure for resolving a dispute is as follows:
- 18.2.1 either party may give notice to the other about the nature of the dispute ("Notice") and seek to negotiate a settlement within 14 working days of receipt of the Notice;
- 18.2.2 to the extent such negotiations fail, either party may seek, within a further 2 working days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by the Chairman/President of the Arbitration Foundation of South Africa (“AFSA”) and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules and shall be conducted in Cape Town; and
- 18.2.3 failing such a resolution, the dispute may be finally resolved in accordance with the Rules of AFSA by an arbitrator(s) appointed by AFSA, and in this regard this shall constitute the written submission by the parties to arbitration, which arbitration shall be held in Cape Town.
18.3 You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
19 WHOLE AGREEMENT
This Agreement contains the entire agreement between the parties and replaces any previous agreements and/or representations.
20 NON-WAIVEROther than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
21 GOVERNING LAW
This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
22.1 You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this site and in the case of Bid4Africa, at 5 Guilva House, 47 Blaauwberg Road, Tableview, Cape Town, South Africa.
22.2 Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to this agreement at its respective address or facsimile or email address as specified on the application for registration on this Site.
22.3 Mail sent by post will be deemed to have been served six (6) business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice on the same day, and in the case of email it will be deemed to have been served if no return email stating that the email cannot be delivered is received, and will be deemed to have been received on the same day. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.