These terms are effective 1 April 2018
Using GB. As a condition of your use of GB you, agree that you will not:
- Violate any applicable laws including but not limited to consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
- Violate any applicable posting rules;
- Post listings that do not show clear, truthful, verifiable, complete and unambiguous information regarding your contact details, the goods, price, delivery and any additional charge;
- Post any threatening, abusive, defamatory, pornographic, obscene, unconstitutional or indecent material;
- Use the Services in any manner that could impair any of our websites or applications in any way or interfere with any party’s use or enjoyment of any such site or application;
- Post any material that is harmful to, harms or could harm minors in any way;
- Be false or misleading or employ false or misleading advertising practices;
- Infringe any third-party right;
- Distribute or contain spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm GB or the interests or property of GB users;
- Impose an unreasonable load on our infrastructure or interfere with the proper working of GB;
- Copy, modify, or distribute any other person's content without their consent;
- Use any robot spider, scraper or other automated means to access GB and collect content for any purpose without our express written permission;
- Harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
- Use the information available in GB to contact the users or the advertisers for any purpose other than for the use of the Services;
- Bypass measures used to prevent or restrict access to GB.
You are solely responsible for all information that you submit to GB and any consequences that may result from your post. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove ads, put ads on hold or make minor changes thereto, when they do not comply with the Posting Rules. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.
GB and the GB community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content exercise our discretion when ads do not comply with our policies, and take technical and legal steps to keep users off GB if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content, exercise our discretion when ads do not comply with our policies, or keep a user off GB or not, we do not accept any liability for monitoring GB or for unauthorized or unlawful content on GB or use of GB by users. You also recognise and accept that GB is not under any obligation to monitor any data or content which is submitted to or available on the site.
Fees and Services.
Using GB is generally free, but there is a nominal charge fee for certain services. If the service you use incurs a fee, you'll be able to review and accept that charge and any additional terms and conditions applicable, including forms of payment, to the service at the time of purchase. This will be clearly disclosed at the time you post your ad. Our fees are quoted in South African Rand. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
GB contains content from us, you, and other users. GB is protected by copyright laws and international treaties. Content displayed on or via GB is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from GB without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in GB. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of GB (other than your own content).
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from you content, or otherwise use such content. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on GB by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by GB.
Reporting an infringement:
In order to participate in a Notice of Infringement, email complaint to XXX
GB does not act as a supplier as contemplated in the Consumer Protection Act, or otherwise, and is not the party marketing the goods/services. GB only provides the platform.
As explained above, we do not actively monitor data or content. You agree not to hold us responsible for things other users post or do.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
GB may promote, endorse and/or contain links to third party sites and/or services and/or goods. These sites, services and and/or goods are beyond the control of GB. GB is not involved in transactions between users and the operators of such third party sites. GB does not accept responsibility for their content, services and/or products.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.
While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of GB, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rand.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.
By using GB, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by GB on servers. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.
In order to ensure the security and reliable operation of the site for all users, GB reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by GB and its affiliates, agents and/or partners.
Resolution of disputes
If a dispute arises between you and GB, we strongly encourage you to first contact us directly to seek a resolution by going to the GB Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
LICENSE (MIT License)
These terms and the other policies posted on GB constitute the entire agreement between GB and you, superseding any prior agreements.
To the extent permitted by applicable law, this Agreement shall be governed and construed in all respects by the laws of South Africa. You agree that any claim or dispute you may have against GB must be resolved by the courts of South Africa, and you and GB both agree to submit to the non-exclusive jurisdiction of South Africa.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with changes taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Mobile Devices Terms
GB grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your data service agreement). The Application may not contain the same functionality available on the www.sagolfbidder.co.za website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.
Intellectual Property – Applications.
GB owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter GB's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any GB Application.
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
- GB grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
- Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Windows - Microsoft
- You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
- Microsoft, your device manufacturer, and (if applicable) your carrier are not responsible for providing support Services for the Application.
- Microsoft, the carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
- To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
What is Personal information?
"Personal information" is information that can be associated with a specific person that could be used to identify that specific person, either from the data directly or from that data combined with other information that we have, or are likely to have, access to. Personal information doesn’t include anonymous or aggregated information that can no longer be used to identify a specific person.
Public information is any information, including personal information, you share with a public audience, including personal information you publish on our site. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
Changes to this Privacy Notice
We can change this Privacy Notice at any time by posting the updated terms to the Site. The updated terms automatically take effect 30 days after they are posted.
We collect information you give us including:
We collect information automatically including:
We collect information using cookies, web beacons and similar technologies including:
Information we collect from other sources including:
We use your personal information to provide, improve and personalise our Services
Your personal information allows us to:
We use your personal information to contact you about your account:
We may contact you via GB Messages, email, telephone, SMS messages or postal mail:
We use your personal information to personalise our advertising and marketing, including to:
We use your personal information for legal compliance reasons, including to:
Retention of personal information:
Push Notifications. Upon download of certain Services, you are provided the option to opt into receiving push notifications from GB on your device and within the application. We send you push notifications from time-to-time to (a) inform you of service related messages, (b) let you know you have messages from others in the GB community and (c) update you about any events or promotions that we may be running. If you no longer wish to receive notifications from us, you can, where applicable, change your preferences by logging into your account or by disabling notifications in your device settings. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
We disclose your information to our corporate family members, who may use it to:
We disclose your information to third-party service providers and financial institution partners, who may use it to:
We may disclose your information to law enforcement and other parties in connection with the law, including:
Change of ownership
If we were to merge with or be bought by another company, we may share information with them in accordance with our global privacy standards. The new combined entity would comply with this Privacy Notice. If your personal information is to be collected, used, disclosed or retained for any purposes not covered in this Privacy Notice, you will receive advance notice of any changes to the processing of your personal information.
Unwanted or threatening email
Third party privacy practices
This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.
We can’t guarantee the privacy or security of your information once you provide it to a third party. You should check the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information, even when dealing with buyers or sellers on our site.