Sale

Terms and Conditions

These terms are effective 1 April 2018

Introduction. Welcome to www.sagolfbidder.co.za ("GB"). These Terms of Use, the Rules for Posting, the Privacy Notice, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”).

All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. Should you not agree to these terms, or any update or change thereto as dealt with below, you should not access or use GB. You affirm that you are either 16 years of age or older, or possess the necessary consents to agree to these terms.

Using GB. As a condition of your use of GB you, agree that you will not:


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.

Abusing GB.

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.

Content.

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.

You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the GB Terms of Use.

Infringement.

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

Liability.

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.

Personal Information.

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.

Security.

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)

General.

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
If you're accessing GB Services from a mobile device using a GB Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use.

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.

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Terms of Use are an agreement between you and GB, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. 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.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
  5. 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.
  6. 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.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.


Windows - Microsoft

  1. These Terms of Use are an agreement between you and GB, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing Services for the Windows Phone Marketplace, do not apply to your use of the Application.
  2. 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.
  3. Microsoft, your device manufacturer, and (if applicable) your carrier are not responsible for providing support Services for the Application.
  4. 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.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. 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?

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:

  • When you register for an account: Information such as your name, addresses, telephone numbers, email addresses or user ID (where applicable) when you register for an account with us
  • When we verify you or your account: we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us
  • When you transact on our Services: such as when you post an ad, reply to an ad, information you provide during a transaction or other transaction-based content. We may also collect your financial information (such as credit card or bank account numbers) if you buy a feature from us or are required to pay fees to us
  • When you engage with our community: such as when you submit a web form or participate in community discussions or chats
  • When you interact with your account: such as updating or adding information to your account, adding items to alerts lists and saving searches. Sometimes you may also give us your age, gender, interests and favourites
  • When you contact us: such as through a web form, chat or when we otherwise communicate with each other. We may also record our calls with you (if we have your consent to do so)
  • We collect information automatically including:

  • Information from the devices you use when interacting with us or our Services such as device ID or unique user ID, device type, ID for advertising and unique device token
  • Information about your location such as geo-location
  • Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information
  • We collect information using cookies, web beacons and similar technologies including:

  • Information about the pages you view, the links you click and other actions you take on our Services, or within our advertising or email content. For more information about our use of these technologies and how to control them, see our notice on Cookies, Web Beacons and Similar Technologies.
  • Information we collect from other sources including:

  • Information we get from third parties such as publicly available demographic information, publicly available contact information, credit check information and information from credit bureaus, as allowed by applicable national laws
  • Information from social media sites when you use those sites to register, share information or connect to your account. Those sites may automatically give us access to some personal information they hold about you (e.g., content you viewed, content you liked, and information about the advertisements you were shown or clicked on, etc.). If you give us access to any account with video content, we may share your video viewing with, or collect information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Notice
  • Information other users may provide about you. If another user gives us information about you, they must tell you about our collection, use, disclose and retention policies before giving us the information. They must also get your explicit consent before giving us your information
  • We use your personal information to provide, improve and personalise our Services

    Your personal information allows us to:

  • Provide you with access to and use of our Services as well as access to your history, internal messages and other features we may provide
  • Offer you site content that includes items and services that you may like
  • Provide you with credit offers and opportunities on behalf of other members of our corporate family and their financial institution partners. However, we don’t share financial information without your explicit consent
  • Customise, measure and improve our Services
  • Provide other services requested by you as described when we collect the information
  • To provide you with location-based services (such as advertising, search results and other personalised content)
  • 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:

  • To give you customer support about your account such as to troubleshoot problems, to collect fees or monies owed to us, or to get your opinion through surveys
  • For other reasons such as to enforce our Terms of Use or policies and any other agreement we may have with you
  • We use your personal information to personalise our advertising and marketing, including to:

  • Personalise, measure and improve our advertising
  • Contact you, either via email, telephone, SMS text messages or postal mail to offer you discounts and special promotions and to let you know about our Services and those of our corporate family (if you have consented to this contact). Message and data rates may apply
  • Deliver targeted marketing, service updates and promotional offers
  • We use your personal information for legal compliance reasons, including to:

  • Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities
  • Enforce our Privacy Notice, our Terms of Use or other policies
  • Retention of personal information:

    If your account is active, we will keep your personal information as long as we need it for our operations. We may also keep personal information from closed accounts to comply with national laws, stop fraud, collect fees owed, assist with any investigation, enforce our Terms of Use and take other actions under applicable national laws. If we no longer need your personal information, we securely dispose of it.

    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.

    Disclosure

    We disclose your information to our corporate family members, who may use it to:

  • provide joint content and services (like registration, transactions and customer support)
  • help detect and stop possible fraud and illegal acts, violations of our Terms of Use, and data security breaches
  • offer you personalised advertising
  • guide decisions about their products, sites, applications, services, tools and marketing communications. Other group companies will not send you marketing communications unless you have consented to receiving their communications
  • We disclose your information to third-party service providers and financial institution partners, who may use it to:

  • help us provide our Services, payment processing services and customise advertising
  • help us with the prevention, detection, mitigation and investigation of potentially illegal acts, violations of our Terms, fraud and/or security breaches, bill collection, affiliate and rewards programs and other business operations
  • We may disclose your information to law enforcement and other parties in connection with the law, including:

  • law enforcement or governmental agencies, or authorised third-parties, in response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our users to legal risk or if we believe in good faith that disclosure is necessary for the prevention or detection of crime, the capture or prosecution of offenders, or the assessment or collection of tax or duty
  • participants of the “Verified Rights Owners Program” under confidentiality agreement, if we decide that it is necessary to disclose that information in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity
  • credit agencies or bureaus as authorised by applicable national laws
  • third parties commencing, or involved in, a legal proceeding if they provide us with a subpoena, court order or similar legal document
  • other third parties to comply with our legal requirements, enforce our Terms of Use, respond to claims that a listing or other content violates the rights of others, or if we otherwise believe in good faith that the disclosure is needed to prevent imminent physical harm, harm to property, financial loss or to report suspected illegal activity
  • 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

    We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list, call or send SMS messages for commercial purposes, even if a user bought something from you, unless the user has given their explicit consent. Sending unwanted or threatening email and SMS messages is against our Terms of Use. To report spam or spoof emails please contact Customer Service.

    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.