Terms & Conditions
TERMS AND CONDITIONS OF THIS SITE
This Agreement is a binding agreement between you and GoSurplus. It also sets out some of the terms and conditions governing you selling and purchasing goods and services on this Site, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.
We will provide you with the Services only once you have accepted the terms and conditions of this Agreement by clicking on the “I ACCEPT” button when registering with us.
By entering any and all personal information on this Site in the creation of an account, in registering with GoSurplus, in making a sale or purchase, participating in an auction and/or by accepting this Agreement, you consent to the processing of your personal information by GoSurplus in terms of the Protection of Personal Information Act.
PART 1: GENERAL TERMS AND CONDITIONS
1 GoSurplus May Change These Terms and Conditions
1.1 We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.
1.2 By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 11. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 11.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
2 Compliance with These Terms and Conditions
2.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
2.2 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:
2.2.1 doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
2.2.2 the 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
2.2.3 we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
2.3 If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
2.4 If you:
2.4.1 infringe or are suspected of infringing the Intellectual Property Rights of any other person;
2.4.2 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
2.4.3 have an over due payment on your GoSurplus Account; or
2.4.4 otherwise breach this Agreement, we may, in our absolute discretion:
18.104.22.168 withhold from you, your use of any or all of the Services;
22.214.171.124 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;
126.96.36.199 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
188.8.131.52 terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
3 Use of Site
3.1 In using this Site, you must not:
3.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
3.1.2 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;
3.1.3 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;
3.1.4 offer, sell, export, bid for, or import any Prohibited Goods and Services;
3.1.5 offer, sell, export, bid for, or import any goods and services if this breaches any law applicable to you; and
3.1.6 engage in any practice or conduct that is unlawful under any laws applicable to you;
3.1.7 copy, modify, or distribute rights or content from our sites, services or tools or GoSurplus’s copyrights and trademarks;
3.1.8 harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on GoSurplus without the express permission of GoSurplus;
3.2 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.
3.3 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 comply 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.
3.4 Using information about other GoSurplus users –
3.4.1 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:
- GoSurplus-transaction-related purposes that are not unsolicited commercial communications;
- using services offered through GoSurplus; and
- other purposes a user expressly agrees to.
13.4.2 You agree to respect other users’ privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
4 Entering into this Agreement
4.1 You represent and warrant to us:
4.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
4.1.2 if you are a juristic entity:
184.108.40.206 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
220.127.116.11 entering into this Agreement does not violate your Constitution; and
18.104.22.168 you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
4.2 Transactions in case of a minor
4.2.1 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 GoSurplus, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
4.2.2 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 GoSurplus .
4.2.3 We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should GoSurplus, 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.
4.2.4 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.
5.1 You may post the goods and services that you wish to offer for sale on the Site.
5.2 You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
5.3 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.2, we may prevent you from participating in any selling on this Site, or using the Services.
5.4 If you do so, you agree and warrant to the Buyer of those goods and services and separately to us that:
5.4.1 your information:
22.214.171.124 is accurate and not false, misleading, deceptive or fraudulent;
126.96.36.199 does not breach any Intellectual Property Rights of a third party;
188.8.131.52 is made in compliance with all applicable laws, government regulations or guidelines;
184.108.40.206 is not forged, threatening or offensive or otherwise constitutes harassment;
220.127.116.11 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
18.104.22.168 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
22.214.171.124 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and
126.96.36.199 does not contain child pornography, bestiality or any other obscene or offensive material;
5.4.2 you are the legal owner of the goods and services you are offering for sale on this Site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
5.4.3 you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
5.4.4 if a Buyer who is a dealer in terms of the Second Hand Goods Act makes a request for the information necessary to complete his register, you agree that the said information will not be unnecessarily withheld;
5.4.5 you will adhere to the Listing Policy.
5.5 You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
5.6 In addition to Clause 4.4 and and Clause 4.5, you represent and warrant to us and separately to the successful Buyer that:
5.6.1 the goods and services you offer for sale and sell, on this Site:
188.8.131.52 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and
184.108.40.206 correspond with the description that you have posted on this Site; and
220.127.116.11 if sold in bulk, will correspond with any samples; and
18.104.22.168 are not defective; and
22.214.171.124 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
5.6.2 the services you offer for sale, and sell, on this Site:
126.96.36.199 will be rendered with due care and skill; and
188.8.131.52 any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
184.108.40.206 if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
5.6.3 the goods and/or services you offer for sale, and sell on this Site:
220.127.116.11 will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;
18.104.22.168 are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
5.7 The Seller may set a reserve price, or minimum price for the goods and services, but that reserve price or minimum price, as the case may be, must not be set out in the information provided about the goods or services to which that reserve price or minimum price, whichever is applicable, applies, or otherwise disclosed to any person at any time.
6.1 You agree and warrant to each Seller and separately to us that:
6.1.1 your information:
22.214.171.124 is accurate and not false, misleading, deceptive or fraudulent;
126.96.36.199 does not breach any Intellectual Property Rights of a third party;
188.8.131.52 is made in compliance with all applicable laws, government regulations or guidelines;
184.108.40.206 is not forged, threatening or offensive or otherwise constitutes harassment;
220.127.116.11 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
18.104.22.168 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
22.214.171.124 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
126.96.36.199 your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 16.15.
6.1.2 you have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services;
6.1.3 you will not bid for any goods or services on this Site unless you are able, and have sufficient, available capacity to pay for those goods or services;
6.1.4 the purchase of any goods and/or services on this Site is absolutely at your own risk;
6.1.5 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Site; and
6.1.6 you have obtained the necessary information required to comply with the Second Hand Goods Act from the Seller; (if applicable);
6.1.7 if you are bidding for adult goods and services, that you have the legal right to purchase those goods and services.