PRIVACY

 

We respect your privacy and will take reasonable measures to protect it, as more fully detailed in this Statement.

 

By using any part of the Services or providing personal data to us, you consent to us processing personal data as set out in this Statement. We require you to ensure your Associates or permitted users (with our permission) agree to us processing their personal data in the manner described in this Statement as a condition of your Service use.

 

If you have any questions about this Statement or do not agree with it, please contact us by clicking here before using the Website. We may amend this Statement from time to time, and will endeavor to notify you of any changes. It is, however, your responsibility to check this page from time to time to ensure that you are aware of any changes that have been made.

 

This Statement is effective from 22nd May 2017

 

1.

 

This Statement as read with the Agreement

 

1.1 This Statement should be read together with the Agreement and incorporates by way of example, the following particular provisions (and their subordinate provisions) of the Agreement:

 

(a) Interpreting this Agreement;

 

(b) Sharing your content information

 

(c) Your Privacy;

 

(d) Transaction Data Verification;

 

(e) Advertisement and Other Commercial; and

 

(f) Domicilium and notices.

 

1.2 The provisions incorporated into this Statement from the Agreement must be read as being applicable to this Statement, to the extent doing so does not materially change their meaning. To the extent the provisions of this Statement conflict with the Agreement, the provisions of this Statement will prevail to the extent of the conflict.

 

1.3 The defined terms in the Supplementary Definitions in the Statement have specific meanings in the context of this Statement and shall be interpreted in accordance with the principles set out in the Agreement.

 

2.

 

Supplementary Definitions

 

2.1 “Electronic Communications” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf;

 

2.2 “Statement” means this privacy statement, as amended from time to time and applies to the Website and Services only and not to third party websites;

 

2.3 “Agreement” means the binding terms and conditions Agreement located here.

 

3.

 

Anonymous data

 

3.1 Our web servers collect anonymous data about visits to the Website. This information is stored in log files and is sometimes used to create aggregate statistics about when the Website is accessed, which pages refer visitors to us, the type of web browsers visitors use, which pages are viewed, etc. These statistics help us understand how the Website is used and provide us with valuable information for improving it for you in the future. This data cannot be used to identify you personally.

 

3.2 We may provide this aggregate information to our Associates about how you, our customers, collectively, use the Services, so that our Associates may also understand how users make use of the Services.

 

3.3 We may also make use of Google Analytics to collate usage information about our Website and Services. This tool places a cookie on your computer (see below about cookies) in order to more accurately collate certain metrics. You may choose not to be part of this anonymous, statistical collation; and if so, please see specific details at: https://tools.google.com/dlpage/gaoptout?hl=en

 

4.

 

Personal data we collect through the Website

 

4.1 Personal data you volunteer

 

(a) We do not collect any information from the Website that can be used to identify you unless you choose to provide it. We may collect the following personal data from you when you register as a user of the Website and/or for the use of the Services:

 

(i) Information about the Services you express an interest in or may register for;

 

(ii) Your name and contact information, including your mobile phone number, email address and/or company details (including physical address, phone and fax numbers) which you may submit to us when you interact with the Website and use the Services;

 

(iii) Your Associates names, contact information which may include phone numbers, addresses and other Transaction Data;

 

(iv) Information about your location or similar location based information;

 

(v) Information regarding personal or professional interests, opinions, demographics, experiences with the Services and contact preferences in order to provide you with further correspondence about the Services and/or improved Services.

 

(b) We reserve the right not to make the Services available to you if you do not consent to us collecting and processing this personal data.

 

(c) Should your personal information change, please notify us as soon as possible so that we can update your personal information.

 

4.2 Intercepted and monitored Electronic Communications

 

(a) We may implement systems designed to intercept and monitor your communications with us and/or our Associates and/or permitted assigns, to the extent permissible by law in the course of the carrying on of business and for the purpose of monitoring or keeping records of direct and indirect communications and you hereby provide your consent for us to do so.

 

5.

 

Cookies

 

We use cookies which are files that store information on your hard drive or browser. Cookies can be used to determine whether you have visited the Website and made use of the Services before and make it easier for you to maintain your preferences, and by seeing how you use the Services, we can tailor the Services around your preferences and measure usability of the Services. You can, should you choose to, disable cookies in your browser and delete all cookies currently stored on your computer. You can find out how to do this by modifying your browser’s preferences appropriately. Useful information on cookies is contained at http://www.allaboutcookies.org/

 

6.

 

Security

 

We are committed to ensuring that your information is kept secure. In order to prevent unauthorised access or disclosure we have put in place physical, technical and administrative measures to safeguard personal data we collect though use of the Services. We use encryption when collecting or transferring sensitive personal data or other information.

 

7.

 

Linking to other Sites

 

7.1 The Website may be linked to the websites of 3rd parties and your attention is specifically drawn to the fact that those other sites may have their own privacy policies which apply to them. We will not be responsible for the protection of any personal data which you provide to 3rd parties. You should exercise caution and view privacy statements applicable to 3rd party websites or services.

 

7.2 NOTWITHSTANDING THAT OUR WEBSITE MAY LINK TO WEBSITES OF 3rd PARTIES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF A DISCLOSURE OF PERSONAL INFORMATION TO A 3rd PARTY. This is because we do not regulate or control how that third party uses your personal information.

 

8.

 

What we do with personal data processed through the Service

 

8.1 We process personal data for the following reasons:

 

(a) To provide the Service components you have requested and to notify you about important changes to the Services;

 

(b) To respond to your inquiries and complaints or to process your requests in relation to your information;

 

(c) To follow up on any inquiries and complaints as part of our customer care procedures;

 

(d) To update our records about you and for the purpose of retaining records about you;

 

(e) To communicate with you in the course of our ordinary business activities;

 

(f) To improve the Services by making them easier to use and by providing access to certain components of the Services;

 

(g) To prevent or detect any unlawful activities; and

 

(h) To evaluate the effectiveness of our marketing and for the purposes of research, training and statistical analysis in order to improve the Service.

 

8.2 Should we request any personal data from you, such data will be used as set out in this Statement.

 

8.3 We may contact you by e-mail, phone, fax or post for the purposes set out in this section. By submitting such information to us, you are deemed to have agreed to us contacting you using these methods of communication. We will continue to contact you using the methods you choose until you advise us in writing that you no longer wish to be contacted using such methods. Please note that you are required to accept at least one of the above methods as your chosen method of receipt of communication from us.

 

9.

 

Sharing personal data

 

9.1 We will not transfer, disclose, sell, distribute or lease personal data to third parties other than on the following basis:

 

(a) Where we have your consent to do so for the purpose of providing a service to you;

 

(b) Where it is required by our Associates who may, directly or indirectly, render certain services to us or to you or in undertaking activities linked to the operation of such services on our behalf;

 

(c) Where the disclosure is in compliance with legal and/or contractual requirements that we are subject to, including, but not limited to, intergovernmental agreements; or

 

(d) Where, in the terms of the Agreement, you have permitted us to do so.

 

 

9.2 Subject to the exceptions set out below and unless we are required to do so by law, we will not pass personal data to 3rd Parties (other than on the basis set out in this Statement and in accordance with appropriate disclosure requirements we may be subject to) without your consent.

 

9.3 Notwithstanding what is set out above, information may be shared by us in the following instances:

 

(a) Payment processing and fraud: If you make an online purchase, your card details will be disclosed to a bank so that payment can be processed. In the case of a suspected fraudulent transaction, these details may be disclosed to the appropriate authorities for the sole purpose of investigation;

 

(b) Hosting and processing: in the event that the Website is hosted by a third party service provider, such service provider will process your personal information only on our behalf and are bound by strict confidentiality conditions;

 

(c) Where you have permitted us to share such information

 

9.4 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

 

9.5 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

9.6 You acknowledge and agree that we are not liable for the use, disclosure or modification by 3rd parties of any information posted by you whilst using the Services. You acknowledge that the information you choose to post, once posted, is available to other users.

 

10.

 

Accessing personal data

 

If you think that any personal data we hold about you is incorrect or incomplete, please write to or e-mail us as soon as possible at the following address hello@bunkersquires.com. We will take the necessary steps to ensure that personal data is corrected and/or updated.

 

 

TERMS AND CONDITIONS FOR USE OF THE SERVICES

Through this Website, we provide the Services to enable registered buyers to obtain competitive bids for a range of products/services from a number of registered sellers. We are not Auctioneers.

 

The Services can be accessed at the Website, related mobi-sites and software applications and is owned and operated by Bunker Squires (Pty) Limited (hereafter referred to as “us”, “we” and/or the “company”). Your attention is drawn to these terms and conditions because they are important and should be carefully noted. If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask us to explain it to you before you accept the terms and conditions or continue using the Services. It is also important to note that these terms and conditions are subject to change from time to time. Depending on the capacity with which you accept the terms and conditions, these terms and conditions, together with our Privacy Policy will form the agreement between us and you personally, or between us and the company / entity which you represent when accepting the terms and conditions in respect of the Services (“the Agreement”). WHEN USING THE SERVICES TO CONCLUDE AN AGREEMENT OF SALE, YOU ARE ENTERING INTO AN AGREEMENT AS BETWEEN BUYER AND SELLER. WE ARE NOT A PARTY TO THE AGREEMENT BETWEEN BUYER AND SELLER AND THIS AGREEMENT APPLIES ONLY TO THE USE OF THE SERVICES. WE WILL NOT BE HELD LIABLE, FOR ANY CAUSE, HOWSOEVER ARISING, RESULTING FROM YOUR USE OF THE SERVICES.

 

1.

 

Binding Contract

1.1 This Agreement is a contract between you and us and governs your Service use. We permit the use of the Services subject to the terms and conditions set out in this Agreement. You signify your acceptance of the terms and conditions of this Agreement and will be legally bound by them from the date on which you click to accept or agree to this Agreement where we present an option to do so, either on the Website or otherwise; or use the Services in any way, in which case you understand and agree that your Service use will signify your acceptance of this Agreement from the moment you first begin to use the Services. The acceptance of these terms and conditions by you will bind all other users who are authorized by you to use the Services as well as those who, in our absolute discretion, are deemed to be authorized by you.

1.2 The actual contract for purchase and sale is directly between the seller and buyer.

1.3 While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.

1.4 We have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item (where applicable).

 

1.

 

Amendments

Notwithstanding anything contained herein to the contrary, you agree that we may, in our sole discretion, amend this Agreement from time to time. We will publish details of our proposed amendments to this Agreement in a notice to this effect on our Website. This notice will identify the specific amendments we propose making to this Agreement and the date on which these proposed amendments will become effective. You agree that such a notice will be adequate notice of the proposed amendments and that these amendments shall automatically come into effect on the date specified in the notice. It is your responsibility to regularly check the Website and these terms and conditions of this Agreement and make sure that you are satisfied with the changes. Should you not be satisfied, you must not make use of the Services.

 

2.

 

Commencement and duration

This Agreement binds you when you first access the Website and/or begin to use the Services and will continue to bind you for so long as you use the Services. Certain provisions of this Agreement will survive this Agreement’s termination. These provisions are described in Effects of Termination below.

Either Party may terminate this Agreement in the event the other Party is placed in liquidation or business rescue, whether provisionally or finally, or in the event of the other Party entering into a compromise with its creditors generally. All amounts due by the defaulting Party in terms of this Agreement shall, in the circumstances contemplated in this clause, immediately become due and payable to the prejudiced Party.

 

3.

Effects of Termination

3.1 In the event this Agreement is terminated for any reason whatsoever, the following clauses shall survive termination and continue to bind you:

(a) Fees;

(b) Sharing your content information;

(c) Your Privacy;

(d) Liability limitation;

(e) Breach;

(f) Disputes, Governing Law and Jurisdiction; and

(g) Domicilium and Notices.

 

4.

 

The Service

4.1 Not Advice

(h) The fact that we have made the Services available to you is neither a recommendation that you enter into a particular transaction or a representation that the Services are suitable or appropriate for you or your intended purpose for using the Services.

(i) Any discussion of the risks associated with the Services should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.

(j) You should not rely on us for professional advice (including, but not limited to business, financial, legal, regulatory, tax, property or accounting advice) or as a basis for any transactional or similar decisions you make or which are made on your behalf without first consulting with your preferred professional or business advisor (who may include your attorney, broker, tax or accounting advisors).

(k) Information posted by users when making use of the Services is not endorsed by us and the views of users are not necessarily shared by us. We cannot be held liable in the event that you suffer any damages or wrongdoing as a result of relying on such information. It is your responsibility to take your own independent advice before relying on information posted by users.

(l) Any information posted by you is completely at your own risk and we accept no responsibility for any consequences which may result from posting information whilst using the Services. You must carefully consider your rights before posting information whilst using the Services.

4.2 Changes to the Services

(m) We may change any aspect of the Services on written notice to you, which notice may include but is not limited to, a pop up on the Website or mobile application, an email, or click notification. These changes may include discontinuing aspects of the Services or the Service in its entirety. In the event we do make any changes to any aspect of the Services, we will publish updated Service information which shall detail the –

(i) proposed changes to the Services; and

(ii) the date on which these proposed changes shall be implemented.

(n) Changes to the Services may, at our sole discretion, require consequential changes to fees payable for and access to the Services affected by the changes. We will similarly notify you of any such changes to fees payable or access to Services.

(o) Unless you have been specifically requested to click for acceptance of such changes (which shall constitute actual receipt and acceptance by you of the changes), your continued use of the Services after such notice has been published shall constitute your acceptance of the aforesaid changes.

 

4.3 Fees

(p) Where fees are payable for any component of the Services, these fees are payable by the relevant party in advance and we may, in our sole discretion, suspend any aspect of the Service which has not been paid for without attracting any liability for any claims howsoever arising by your Services being suspended and/or cancelled, whether or not you are responsible for payment. If you are not the administrator responsible for direct payment to us and have downloaded the mobile application onto your mobile or smartphone, you will be directly effected by non-payment of fees by the party who is registered as the administrator as non-payment of fees will result in suspension and/or cancellation of your use of the Services. Should any aspect of this clause be unclear to you, you should contact us at hello@bunkersquires.com before accepting these terms and conditions and making use of the Services.

(q) Without detracting from any of our rights, you agree that we are entitled to discontinue any aspect of the Services you may be using if any amount has not been paid by the relevant party responsible for payment when payment falls due or if this Agreement is breached by you, without attracting any liability whatsoever as result of the discontinuation. Your attention is specifically drawn to clauses 5 and 6.4 which will be relevant to you in the event of suspension and/or cancellation of the Services, as well as any other relevant clause contained in this Agreement.

(r) In the event that you are the administrator responsible for direct payment to us, you agree that if we incur expenses to recover amounts owed to us, howsoever arising, you agree that we may recover from you our legal costs on an attorney own client scale, collection charges and tracing fees, and any applicable VAT.

(s) If you breach this Agreement and we incur expenses as a result of such breach, howsoever arising, you agree that we may recover from you our legal costs on an attorney own client scale, collection charges and tracing fees, and any applicable VAT.

4.4 Sharing your content information

(t) You own all of the content and information you post when using the Services. In addition:

(i) For your content that is covered by intellectual property rights, like photos and videos (your IP Content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your IP Content that you post on or in connection with the Services (IP License). Please note that it is not in all instances possible to delete your IP Content once posted. Once posted, it is automatically shared with other users and 3rd parties. In other words, if you elect to terminate use of the Services, or the Services are suspended and/or cancelled for whatever reason, your IP Content will remain. You should therefore only post IP Content and other content relative to the purpose for which the Services are offered and after carefully considering this clause and your rights.

(ii) When you publish your IP Content or any other content or information on the Website or whilst using the Services, you agree to allow us, and everyone registered, including 3rd parties, to access and use that information, and to associate it with you (i.e., your name, company details, where applicable).

(iii) In the event that you are asked for feedback or other suggestions about the Services and you provide such feedback or suggestions, you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

 

4.5 Service use license in respect of our IP Content:

(u) You acknowledge and agree that we own or have licensed all our IP Content in and to the Services and all underlying Intellectual Property relating to the Services.

(v) We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Services. This limited license is subject to certain restrictions. You agree not to, nor will you reasonably permit any 3rd party to:

(i) run, rent, lease, loan, or sell access to the Services;

(ii) decompile or reverse engineer or attempt to access the source code of the software underlying the Services;

(iii) copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Service-related IP Content belonging to us;

(iv) use the Services to build products or services using similar ideas, features, functions or interfaces;

(v) use any aspect of the Services by any means other than as permitted in this Agreement;

(vi) circumvent, disable or otherwise interfere with the Service’s security related features or any other features that may prevent or restrict use or copying of any of our IP Content, protect personal data or enforce limitations on Service use;

(vii) use the Services in such a way as to interfere with Service use, so as to constitute a denial, including a partial denial, of Services to users;

(viii) delete the copyright and other Intellectual Property Rights notices posted to the Services;

(ix) violate the privacy of any person or attempt to gain unauthorised access to the Services or any other network, including (without being limited to) hacking, password mining or any other means; and/or

(x) otherwise use the Services to engage in any illegal or unlawful activity.

(w) Should we, in our opinion, believe that you have engaged in any of these practices, we will be entitled, without prejudice to any other rights we may have in terms of this Agreement and in law, to:

(i) suspend or terminate your access to the Services without notice to you;

(ii) hold you liable for and sue you for compensation for any costs we incur as a result of your misconduct including legal fees on an attorney own client basis; and/or

(iii) notwithstanding our Privacy Statement, disclose any information relating to you to all persons affected by your actions when required to do so.

 

4.6 Our IP Content use

(x) We grant you a Content License in respect of our IP Content which forms part of the Services. All trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices included on or in relation to our IP Content must be retained and displayed without alteration or modification and not in any manner obscured or removed, to the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any of our IP Content is expressly permitted (such permission to be interpreted in its most restrictive sense).

(y) This Agreement does not transfer ownership of any of our IP rights and/or content to any person, except where this Agreement expressly provides for such transfers of ownership.

 

4.7 Transaction Data Verification

(z) We integrate with 3rd Party services in order to provide the Services. These 3rd Party services transmit Transaction Data to us through their integration options. You acknowledge and agree that we are not responsible for reviewing Transaction Data we receive from either you directly or from these 3rd Party services and for verifying that the Transaction Data is correct and complete.

(aa) You remain responsible for ensuring that we receive correct and complete Transaction Data for the purposes of providing the Services in the manner required for the Services to operate optimally.

(bb) You may be required to link your 3rd Party payment gateway service account to your Services account in order to make use of the Services. If this is the case, you agree that we are not obliged to (or even able to) fully render the Services until you have done so. It is important for you to read our Privacy Statement regarding information sharing.

4.8  Registration

(cc) Only registered users may make use of the Services. Once registered on the Website or mobile application, you will be able to log into your account using your chosen unique usernames and passwords. You will also have to provide certain information and personal details to us.

(dd) You may not impersonate another person and you are required to associate your real identity with your account. Impersonating another person is considered a breach of this Agreement.

(ee) We collect your personal data through the registration process. We process personal data in terms of this Agreement and the Privacy Statement.

(ff) You warrant that your personal data which you submit to us is accurate, current and complete. You also confirm that you have read and understand the terms and conditions of this Agreement, as read with the Privacy Statement.

(gg) The first person to register on the Website for a particular organisation and who represents a particular organisation shall be the administrator for that particular organisation (“administrator”). We may take steps to verify that you are duly authorised to act in this capacity before you will be permitted to act as such.

(hh) It is not our responsibility to verify the information of users who download the mobile application onto their mobiles or smartphones and make use of the Services. You are responsible for ensuring that the users information is correct.

(ii) When using or accessing the Services you will not:

(i) fail to pay for items purchased by you;

(ii) fail to deliver items sold by you;

(iii) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

(iv) distribute viruses or any other technologies that may harm us or the interests or property of users;

(v) interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

(jj) You agree that we may deny you use of the Services should you breach your warranties or subsequently be found, in our opinion, to have breached any warranties.

(kk) We may, but are not obliged to, take steps to verify your personal data once you have completed the requisite registration process for the Services and these steps may include, but are not limited to, email verification.

(ll) You agree to submit to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd Parties which may be reasonably required to complete the verification process.

(mm) You acknowledge and agree that your access to the Services may be limited or restricted until this verification process has been successfully completed.

(nn) Should you not agree to our verification process or withhold your consent to us processing your personal data, your Service use may not be activated, or may be suspended or terminated as the case may be.

(oo) Without limiting our liability limitation provisions below, you waive any claims you may have against us and/or our Associates in the event we deny you use of the Services where, in our opinion, you have breached this Agreement or otherwise failed to fulfil your obligations to us.

(pp) You further agree that –

(i) you are responsible for maintaining and promptly updating personal data and any other information you submit to us, keeping it accurate, current and complete;

(ii) we provide a mobile application service. In the event that you download the mobile application, you are responsible for keeping the information you give us current and up to date. If you change your mobile number, you must update your account information within 48 (forty eight) hours to ensure that messages are not sent to the person who acquires your old cellular mobile number.

(iii) if you believe a user’s personal data has been compromised in any way, you agree to notify us immediately. You indemnify us for any Losses which may be a consequence of your failure to notify us timeously;

(iv) you provide consent and all rights necessary to enable users to sync (including through an application) their mobile and other devices with any information that is visible to them whilst using the Services;

(v) we reserve the right to suspend your Services pending an investigation and resolution if any security violations are believed, in our opinion, to have occurred in association with a user’s personal data and you will not have any claim against us, arising from any cause whatsoever, as a result of the suspension in the event that it is found that there was no security violation.

4.9 Sale Conditions

As we are not involved in any sale and purchase of any goods and services on this Website, save for providing the platform for sale of goods and services, you hereby agree that:

(qq) When bidding on an item as a seller, you agree to comply as follows:

(i) You are responsible for verifying the accuracy and content of the listing and ensuring that you are capable of performing in terms thereof.

(ii) You, as a supplier of goods or services for sale, for hire or for exchange by way of an electronic transaction, are to comply with the provisions of s43 of ECTA – you are to verify and acknowledge the full description (together with their main characteristics) of the goods which the buyer seeks to purchase and which you are capable of selling; the full price breakdown of your bid; the manner of payment; reference to any necessary terms and conditions prior to payment being made by the buyer; time it will take to deliver the goods once paid; any return/cancellation/refund policy; a dispute resolution procedure and how the buyer can contact you as seller if a dispute arises; where appropriate, the minimum duration of the agreement; the rights of consumers to “Cooling off” if natural persons (if applicable).

(iii) You enter into a legally binding contract with a buyer when the buyer accepts your bid and commits to buy an item. We are not a party to that agreement and accept no responsibility whatsoever for any breach of the agreement concluded between seller and buyer.

(rr) When listing goods and services that you wish to buy and when buying goods, you agree that:

(i) You are responsible for the accuracy and content of your listing of goods and services which you seek to purchase.

(ii) We strive to create a platform where buyers and sellers are connected. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to yours and the seller's location; search queries; browsing site and history; item's location; listing format; price; terms of service; end time; history; and relevance to the user query; seller's and your history, including listing practices; ratings; compliance with any of our policies where applicable, feedback, and defect rate.  

(iii) To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the seller.

(iv) Some advanced listing upgrades will only be visible on certain Services.

(v) Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

(vi) We may provide you with optional recommendations to consider when creating your listings. 

(vii) You are responsible for including a full description of the goods or services you seek in your listing with a detailed explanation of the main characteristics of the goods and services required.

(viii) When considering a bid, you are to address any queries with the seller upfront and ensure that the seller’s identity, selling record, warranties, location, ability to sell and deliver, have been verified by you. We do not accept any responsibility for your failure to verify the seller’s details.

(ix) If you choose to buy, you enter into a legally binding contract to purchase goods when you commit to buy the goods or services, and your offer to purchase is accepted by the seller. We are not a party to that agreement and accept no responsibility whatsoever for any breach of the agreement concluded between seller and buyer.

(x) We do not transfer legal ownership of items from the seller to the buyer.

(xi) Content that, in our sole discretion, is unacceptable for any reason may be deleted.

(xii) We may revise data in our product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.

(ss) When concluding an agreement of sale between buyer and seller, you are responsible for ensuring that you comply with the laws applicable in the jurisdiction in which the buyer and seller are located, with respect to completion of the sale and purchase of the goods and services.

(tt) You hereby agree and acknowledge that, notwithstanding anything contained in this Agreement or elsewhere to the contrary, we:

(i) 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 offered for sale and/or sold when using the Services;

(ii) have absolutely no control over, nor do we represent or hold out that we have any control in respect of any warranties given by a seller or buyer when using the Services;

(iii) have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on our Website are legally able to be sold;

(iv) cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on the Website will be accurate;

(v) have absolutely no control over, nor do we represent or hold out that a seller or buyer will perform their respective sale and purchase obligations of goods or services offered for sale when using the Services;

(vi) cannot and do not control, nor do we represent or hold out that a buyer will pay for the goods and services that he/she/it has purchased when using the Services;

(vii) cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective buyer by the respective seller;

(viii) cannot and do not represent nor hold out that we can confirm that each buyer and seller is who they claim to be;

(ix) cannot and do not represent or hold out that we can exercise any practical control over what feedback, comments or rating scores will be provided about you when using the Services;

(x) cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken (but are not obliged to do), confirm any matters relating to any credit card details supplied to us by a buyer or seller (as the case may be), including without limitation, that the credit card details of any buyer or seller (as the case may be) are correct; credit limit has not been exceeded; credit card has not been reported stolen; buyer or seller is entitled to authorised use of the credit card; or that the credit card is otherwise being lawfully used; and

(xi) we will not become involved in any dispute between any buyer and seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services concluded when using the Services, or with this Agreement.

(xii) We do not act as agent for either the seller or the buyer in either the making of the offer, by the placement of the goods on the site for sale, the acceptance of such offer nor the acceptance of a bid by the buyer.

4.10 Currency Conversion Tool

A currency conversion tool may be provided when using the Services to enable estimates for the final purchase price to be displayed in certain currencies. The currency conversion tool is provided for your convenience only and is an approximate guide to the equivalent amount in the specified currencies. You are therefore advised to conduct your own research into the applicable exchange rates prior to placing a bid or opting to buy. We do not accept any responsibility for any errors that may occur as a consequence of reliance upon the currency conversion tool.

4.11 Holds

To protect us from risk of liability for your actions as a seller, we have at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, transaction value. This may result in PayPal restricting funds in your PayPal account.

4.12 Your Privacy

For information about our data protection practices, please read the Privacy Statement. This policy explains how and under what conditions we will process your personal data, and protect your privacy, when you use the Services. You agree that we may process your personal data in accordance with the Privacy Statement and where applicable, this Agreement.

4.13 Warranties and Suretyship

(uu) Save as expressly set out in this Agreement, we do not make any representation or give any warranties whatsoever in respect of the Services.

(vv) In the event that this Agreement is concluded between us and a Member who is a juristic entity, the individual who accepts the terms and conditions in this Agreement on behalf of such juristic entity binds him or herself as continuing surety and co-principal debtor, in solidum, in favour of us for the due and punctual performance of the Member of all the Member’s obligations to us arising at the time of acceptance of the terms and conditions or at any time thereafter. In doing so, the individual renounces the benefits of the legal exceptions non numeratae pecuniae, non causa debiti, error calculi, revision of accounts, no value received, the benefit of excussionis et divisionis, and where applicable the benefit of de duobus vel pluribus reis debendi, with the force and effect of which the individual acknowledges him or herself to be fully acquainted. Should you not understand the provisions of this suretyship clause, you should not accept the terms and conditions on behalf of the juristic entity which you represent. In other words, and we urge you to take your own legal advice on suretyships, but you are agreeing that you will be jointly and severally liable to us for any amounts due to us in terms of this Agreement or otherwise as a consequence of using the Service in the event that the juristic entity which you represent refuses or fails to pay any amounts which are due to us and as if you contracted with us for your personal Service use.

4.14 Liability limitation

You indemnify us for all Losses which constitute direct and/or general damages and which arise out of a breach of this Agreement or as a result of your negligent acts or omissions, wilful misconduct or any unlawful conduct. You also agree that we will not, under any circumstances, be liable for any indirect, special or consequential Losses. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the price the item sold for, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.

4.15 Maintenance and Repair

You acknowledge that from time to time the Services may be suspended, either in part or as a whole, for maintenance, repair and improvements. We agree, wherever reasonably possible, to give 24 (twenty-four) hour notice of suspension of the Service affected by the proposed suspension. Save as set out elsewhere in this Agreement, we shall not be liable for any Losses which may be sustained as a result of the suspension of the Service at any time.

4.16 Rights Infringements

(ww) If any person is of the view that his, her or its rights have been infringed through unlawful Service use by any person, that person may address a complaint to us which satisfies the following requirements and/or sets out the following information:

(i) the full names and address of the complainant;

(ii) the written or electronic signature of the complainant;

(iii) identification of the right that has allegedly been infringed;

(iv) identification of the material or activity that is claimed to be the subject of unlawful activity;

(v) the remedial action required to be taken by us in respect of the complaint;

(vi) telephonic and electronic contact details, if any, of the complainant;

(vii) a statement that the complainant is acting in good faith;

(viii) a statement by the complainant that the information in the take- down notification is to his or her knowledge true and correct.

(xx) Notifications must be addressed to us at hello@bunkersquires.com. We will investigate reasonable complaints on receipt of a complete and properly formulated complaint notice and will take appropriate action, where, in our absolute discretion, we deem it necessary. Such action may include, but is not limited to, removing offending Content and/or taking appropriate steps against offending users or Members, where appropriate. We may not be able to, or it may not be appropriate for us to, respond to or act on every complaint and the decision to act or refrain from acting is within our discretion.

4.17 Advertisements and Other Commercial Content

(yy) Advertising and other commercial or sponsored content may be displayed whilst using the Services. In this regard, you agree to the following:

(i) You give us permission to use, where applicable, your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand or service provider you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to provide them with your name and/or profile picture together with your content or information, without any compensation to you.

(ii) You understand that we may not always identify paid services and communications as being such.

(iii) You confirm that you understand the contents of this clause and should you not understand, you should ask us to assist you in further explanation. Should you not agree to this clause, you should not use the Services.

4.18 Software

(zz) If you download or use any of our software which forms part of the Services, such as a stand-alone software products, mobile applications, or any browser plugins, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

(aaa) You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

4.19 Breach

(bbb) Subject to any other provision of this Agreement providing for the remedy of any breach of any provision of this Agreement, should either Party (“the Offending Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within 10 (ten) days of receiving written notice from the other Party (“the Aggrieved Party”) requiring the Offending Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law to –

(i) cancel this Agreement, provided the breach in question is a material breach going to the root of this Agreement; or

(ii) claim specific performance of all of the Offending Party’s obligations whether or not due for performance

(iii) in either event without prejudice to the Aggrieved Party’s right to claim damages.

4.20 Disputes, governing law and jurisdiction

(ccc) This Agreement shall be governed in all respects by and shall be interpreted in accordance with the laws of the Republic of South Africa.

(ddd) You consent and submit to the jurisdiction of the South African courts and if resident within the Republic of South Africa, you specifically submit to the non-exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal, Local Division, Durban.

(eee) All disputes arising out of or in connection with the Agreement and/or the Privacy Statement shall be finally settled under the Rules of the Arbitration Foundation of Southern Africa for Commercial Arbitrations by one or more arbitrators appointed in accordance with the said Rules.

4.21 Interruption Event

(fff) You acknowledge that, from time to time, the Services may be suspended due to causes beyond our control which we refer to as Interruption Events.

(ggg) You agree that we will be relieved of our obligations in terms of this Agreement during the period that the Interruption Event and its consequences continue, only to the extent we are reasonably prevented from fulfilling our obligations, and we shall not be liable for any Losses which you may suffer as a result.

(hhh) We will make reasonable efforts to notify you of an Interruption Event in writing as soon as we become reasonably aware of the Interruption Event.

(iii) In the event that an Interruption Event exceeds 1 (one) calendar month and in the event that neither we or our nominee are able to provide alternative services and/or facilities, either you or we may terminate this Agreement and shall only remain liable for performance under this Agreement which fell due immediately prior to the Interruption Event.

4.22 Assignment

(jjj) By users or you Users or, where appropriate, you, shall not be entitled to cede, delegate, assign or otherwise transfer all or any of your rights, interests or obligations under and/or in terms of this Agreement except with our prior written consent. We will not unreasonably withhold our consent. In the event that a user other than you logs into the Services using your login details, it will be deemed that the user does so with your authorization.

(kkk) By us We are entitled to cede, delegate, assign or otherwise transfer all or any of our rights, interests or obligations under and/or in terms of this Agreement.

4.23 Severability

If any court which has jurisdiction finds any clause or term of this Agreement to be unenforceable, then the Parties agree that the remaining terms and provisions of this Agreement shall be deemed to be severable from the unenforceable provisions and shall continue in full force and effect unless such unenforceability goes to the root of this Agreement, in which case this Agreement shall terminate.

4.24 Domicilium and Notices

(lll) All notices, demands, communications or payments intended for any Party shall be deemed to be received:

(i) on the same day, if delivered by hand;

(ii) on the same day, if transmitted electronically with receipt received confirming completion of transmission; or

(iii) on the third day after despatch, if sent by prepaid courier.

(mmm) Notwithstanding anything to the contrary contained in this Domicilium and Notices clause a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

(i) The Member: You choose your physical address; postal address; facsimile number and/or email address which you supply to us when registering to use the Service as your domicilium citandi et executandi (“domicilium”) for all purposes arising from or pursuant to this Agreement.

(ii) The Company We choose the address and other contact details specified in our Disclosures section below for all communication purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature.

4.25 Disclosures

These disclosures should be read together with all product descriptions and other information displayed on the Website.

Our full name and legal status: Bunker Squires (Pty) Limited (Reg: 2015/012824/07)

Street address: Suite 403, 56 Richefond Circle, Ridgeside Office Park, Umhlanga,, KwaZulu-Natal, South Africa

Codes of conduct to which we subscribe: N/A

Telephone number: +27317643065

Postal address: Suite 619, Private Bag X4, Kloof, 3640

Physical address for receipt of legal service: Suite 403, 56 Richefond Circle, Ridgeside Office Park, Umhlanga,, KwaZulu-Natal, South Africa

Main business: www.bunkersquires.com

Office bearers: Sean Arthur Potts

Website address: www.bunkersquires.com

Official email address: hello@bunkersquires.com

Governing terms of use: this Agreement

Costs associated with the access to and use of the Website/Services: Costs and Fees are detailed on the Website.

Dispute resolution: See clause 5.20

4.26 Disclaimer

(nnn) The use of the Services is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Services or reliance on any information on the Website and/or the Services, whether published by us, or other users.

(ooo) In addition to the disclaimers contained elsewhere in this Agreement:

(i) we also make no warranty or representation, whether express or implied, that the information or files available when using the Services are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system or Mobile, or Smart Device, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct on our part, or the part of our employees, agents or authorised representatives. We thus disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Services;

(ii) We also make no warranty or representation, whether express or implied, as to the accuracy, correctness, truthfulness, timeliness, completeness, or suitability of the information, files and/or materials available when using the Services. You accept all risk associated with reliance on such information and we disclaim all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Services.

                                                                                                         5.

General

5.1 This Agreement, as read with the documents referenced in this Agreement, constitute the sole record of the agreement between the Parties in regard to its subject matter.

5.2 No Party shall be bound by any express or implied term, representation, warranty, promise or the like, not recorded in this Agreement.

5.3 No data message, including an e-mail, SMS and recorded voice message, which you send to us shall amend this Agreement or the rights and duties of the Parties in any manner unless the Parties expressly state, and specify the extent to which, the data message amends this Agreement or the Parties’ rights and duties in any material respect.

5.4 No indulgence which any of the Parties (“the Grantor”) may grant to any other (“the Grantee(s)”) shall constitute a waiver of any of the Grantor’s rights, who shall not be precluded from exercising any rights against the Grantee(s) which might have arisen in the past or which might arise in the future.

5.5 The Parties undertake at all times to take all reasonable steps to implement and comply with the terms of this Agreement.

                                                                                           6     

Interpretation

6.1 The headings to a clause have been included for convenience only and do not govern the interpretation of this Agreement.

6.2 A reference to a Party includes that Party’s successors-in- title and permitted assigns.

6.3 If the Agreement refers to a Party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Agreement will also be applicable to and binding on that Party’s liquidator or trustee, as the case may be.

6.4 Any reference in this Agreement to a clause is, subject to any contrary indication, construed as a reference to a clause of this Agreement; and reference to a person is construed as a reference to any natural or juristic person, body corporate, firm, company, corporation, government, state, agency or organ of a state, association, trust or partnership (whether or not having separate legal personality).

6.5 Unless the context indicates otherwise a reference to any gender includes the other genders; a reference to a natural person includes a juristic person and a reference to the singular includes the plural, and vice versa.

6.6 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

6.7 If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, effect shall be given to it as if it were a substantive provision in the body of this Agreement.

6.8 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of this Agreement, shall not apply.

6.9 Where in this Agreement provision is made for the Parties (or either of them) to agree on or grant approval in respect of any matter, such Agreement or approval shall only be valid and binding on the Parties thereto if reduced to writing and signed by the duly authorised representative of such Parties, bearing in mind that such written authorization may be in the form of a click acceptance on the part of the Member and/or by way of electronic signature.

6.10 The use of the word “including” followed by a specific example shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.

6.11 Where this Agreement specifies any number of days, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or official bank/public holiday, in which case the last day shall be the next succeeding business day which is not a Saturday, Sunday or official bank/public holiday. Generally speaking, references to a “day” are references to typical business days.

6.12 Any reference to “business hours” shall be construed as being the hours between 08h30 and 17h00 on any business day. Any reference to time shall be based upon South African Standard Time;

6.13 All annexures, addenda and amendments to this Agreement form an integral part of this Agreement and, therefore, our contract with you or those you represent.

6.14 The words and phrases in the Definitions section and, where appropriate, elsewhere in this Agreement bear the meanings assigned to them and related expressions bear corresponding meanings.

                                                                                                            7. 

Definitions

7.1 “3rd Party” means a person other than us and includes a Member and persons who interact with and make use of the Services in any way;

7.2 “administrator” bears the meaning as set out in clause 5.8(e);

7.3 “Agreement” means these terms and conditions, as amended from time to time, as read with our Privacy Policy;

7.4 “application" means any application or website that uses or accesses our Platform, as well as anything else that receives or has received data from us.  If you no longer access our Platform but have not deleted all data from us, the term application will apply until you delete the data.

7.5 “Associates” means a Party’s officers, servants, agents or contractors or other persons in respect of whose actions that Party may be held to be vicariously liable;

7.6 “bid or bidding” means the seller’s offer to sell goods and services at a particular price in response to a buyer’s listing.

7.7 “buyer” means a Member who buys an item from a seller using our Services;

7.8 “ECTA” means Electronic Communications and Transactions Act, 2002;

7.9 “Electronic Communication” bears the meaning as stated in the Electronic Communications and Transactions Act, 2002;

7.10 “Intellectual Property” means any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or material capable of copyright protection and in which copyright subsists (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property;

7.11 “Intellectual Property Rights” means legal or moral rights in Intellectual Property;

7.12 “Interruption Event” means strike, lock-out, fire, explosion, floods, riot, war, accident, act of nature, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of the Party concerned;

2.13 “Interrupted Party” means a Party prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by reason of an Interruption Event;

7.14 “listing” means the buyer’s listing of goods and services it seeks to purchase;

7.15 “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

7.16 “Member” means the person contracting with us, who warrants capacity to do so and to use the Services, subject to this Agreement and is either–

(a) you personally, if you are contracting with us in your personal capacity; or

(b) a legal entity such as a company or close corporation which you represent, in which case you –

(i) represent to us that you are duly authorised by that legal entity to enter into this contract on that legal entity’s behalf; and

(ii) agree that when we refer to “you” in this Agreement, we are referring to the legal entity you represent as its authorised representative;

(c) any other person who makes use of the site via your log in details in which event, that person shall be deemed to have your authorization to use the Services

7.17 “Our IP Content” means any material capable of and in which copyright protection subsists (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) including, but not limited to, what a Member may have access to as part of, or through the Member’s Service use;

7.18 “Our IP Content license” means a personal, revocable, worldwide, royalty-free, non- commercial, non-transferrable and non-exclusive licence to use our Content either on or through the Service through a generally available web browser, mobile device or application solely for the purpose of enabling users to use the Service, in the manner permitted by this Agreement and does not extend to scraping, spidering, crawling or other technology or software used to access data without our express written consent;

7.19 “Parties” means us and the Member;

7.20 “personal data” bears the same meaning as stated in the Electronic Communications and Transactions Act, 2002;

7.21 “Platform” means the set of services, application programming interfaces and functions which facilitates data retrieval from and submission to the Services;

7.22 “Privacy Statement” means our Privacy Statement;

7.23 “seller” means a Member who sells an item using our Services;

7.24 “Service/s” means all the service offerings made available by us, including our website at www.bunkersquires.com and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); our Platform; our software and mobile applications, our social plugins where applicable; and any other media, brands, products, services, software, devices, or networks now existing or later developed by of for us. We reserve the right to designate, in our sole discretion, that certain of our brands, products, or services are governed by separate terms and not strictly by this Agreement;

7.25 “Transaction Data” means information about transactions processed by Members with users and/or 3rd parties and includes Member’s and/or users’ personal data relevant to those transactions;

7.26 “use” bears its ordinary meaning and when used in the context of –

(d) the Website, means to visit or load the Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Website;

(e) the Services, means to use, copy, download, distribute, display, view, modify, adapt; load in a web browser, load on a mobile phone or smart device, load on a software application or device; or to otherwise engage with, interact with other users on, post information on, use and/or manipulate the Services;

7.27 “user/s” means any person who interacts with and makes use of the Services, including Members and administrators;

7.28 “VAT” means Value-Added Tax;

7.29 “Website” means www.bunkersquires.com or such other websites as may be associated with and controlled by us from time to time;

7.30 “your IP Content” means anything you post, provide or share using the Services