Terms of Use

You have fulfilled our terms and conditions regarding your use of this website. These Terms of Service, together with the Tradesafe User Agreement, Billing Satement, Listing Policy, Shipping Terms of Service and Store Terms of Service (the “Annexures”) constitute this Agreement.

This Agreement is a binding agreement between you and SwingSave. It also lists some of the terms and conditions that govern your sale and purchase of goods and services on this site, so please read them carefully. If you are unsure or disagree with the Terms of Service or any attachments, you should not accept them.

We will not provide services to you until you accept the terms of this agreement by clicking the “I Accept” button when you register with us.

You agree to SwingSave handling of your personal data in accordance with the Protection of Personal Information Act by entering all private data on this Site in the creation of a record, enrolling with SwingSave, making a deal or purchase, participating in a closeout, or potentially by tolerating this Agreement.

PART 1: DEFINITIONS

“ Agreement ” signifies these agreements, the Tradesafe User Agreement, the Billing Statement, the Listing Policy, the Privacy Statement, the Shipping Terms and Conditions and the Stores Terms and Conditions (the “Annexures”);

“SwingSave Guidelines” signifies the rules gave by SwingSave occasionally overseeing the making available for purchase and offer of, and the proposing to buy and acquisition of, labor and products on this Site;

“Tradesafe” signifies the internet based stage that gives secure web-based escrow and paymaster administrations presented by Trade-Safe Holdings (Pty) Ltd t/a TradeSafe Escrow with enlistment number 2013/170109/07 by which SwingSave goes about as a specialist gathering assets from Buyers for the benefit of Sellers;

“Buyer” signifies an individual, firm or organization who makes a bid for, or potentially buys, any labor and products made available for purchase on this Site;

“Buy Now Item” signifies a thing in which a Buy Now Price has been determined for the important labor and products made available for purchase by the Seller, and to which the thing methodology as in Clause 6 (as material) apply, then again, actually a bidder may whenever decide to buy the applicable labor and products at the Buy Now Price;

“Buy Now Price” signifies the cost determined by the Seller for labor and products made by the Seller available for purchase at a Buy Now Item;

“Confirmation Notice” signifies the notice set out in Clause 10.1;

“Fees” signifies any charges which SwingSave charge according to the Billing Statement;

“ Final order value” means the higher of the “Thing deals esteem” along with any transportation charges, OR the “Complete request installment

“Indemnified Party” signifies every one of SwingSave, its officials, representatives, workers for hire, advisors and specialists now and again, and any connected elements, partners or members of SwingSave, and every one of their separate officials, workers, workers for hire, experts and specialists occasionally;

“Intellectual Property Rights” signifies modern and protected innovation whether safeguarded by custom-based regulation or under resolution including (without restriction) copyright and adjoining freedoms, generally privileges comparable to creations (counting enlisted licenses and the advantage of any applications for a patent), plant assortments, plant raisers, enrolled and unregistered exchange marks, enlisted and unregistered plans including drawings, circuit designs and any remaining freedoms coming about because of scholarly movement in the modern, logical, abstract or imaginative fields anyplace on the planet;

“Item Sale value“means the complete worth of all things remembered for a request along with some other extra choices chose on such things during checkout, barring transporting charges or obligations.

“Listing” signifies the making available for purchase, putting of or making of a sale or purchase now on this Site;

“Personal information” or “Your information” signifies “personal information“, “your information” or “information” are utilized reciprocally in this Agreement and all mean all data you give to us in utilizing this Site including, however not restricted to:

• Your enrollment subtleties including your name, address, phone and fax numbers;
• Your Mastercard subtleties or some other monetary data;
• Interesting identifiers including your organization name and VAT number;
• The data that we find out with regards to you because of your utilization of this Site, including without constraint, through the labor and products you post on this Site assuming you are a Seller and the labor and products you bid for as well as procure assuming that you are a Buyer;
• The data acquired from you in affirmation of your personality, address and contact data for security and confirmation reasons;
• That data characterized as private data in segment 1 of the Protection of Personal Information Act.

“Seller” signifies an individual, firm, organization or element who makes available for purchase, or sells labor and products on this Site

“Services” signifies the web-based closeout, Buy Now and Classifieds administrations given by SwingSave by which an individual, firm or organization might sell or purchase labor and products on this Site;

“Site” or “Website” signifies the Internet site by which SwingSave offers the Services every once in a while, right now www.swingsave.com.

“Standard Auction” signifies a closeout to which the sale methods in Clause 6 (as appropriate) apply;

“Trade” or “Trading” signifies any type of posting on the Site, including however not restricted to, Standard Auctions, Buy Now Items and Reverse Auctions;

“Total order payment” means the aggregate all out of all installments made and allotted to a request barring any installments that have been switched from such requests.

“User” or “Users” for the reasons for Clauses 12 and 13, implies any Buyer or Seller, or somebody who is in any case utilizing the Site;

“VAT” signifies any worth added charge, or other utilization charge;

“we“, “us“, “our“, “ourselves” and “SwingSave” are utilized conversely in this Agreement and all mean SwingSave;

“you” or “your” signifies you, regardless of whether as a Buyer as well as you as a Seller, as the case requires, or in any case, and your replacements and allowed allots;

PART 2: AUCTION TERMS AND CONDITIONS

1. Trading on this Site

1.1 As we not directly involved in the purchase or sale of any goods or services in our website, but only providing the platform for an auction of goods and services as stipulated in Clauses 10.1 and 10.3, you hereby agree and acknowledge that we:

1.1.1 are not nor do we represent ourselves as the manufacturer or agent of any manufacturer or salesperson of any such manufacturer of ant item offered for sale on this platform.

1.1.2 have no control over the circumstances as described in Clause 4.6 and we do not represent or hold ourselves out as having any control over any of them.

1.1.3 have no control whatsoever over if the goods and service listed for sale on this Site are legally allowed to be sold and we do not represent or hold ourselves out as having any control over this.

1.1.4 We cannot guarantee that the descriptions of any goods and services on this Site will be accurate, nor do we represent or warrant that they will be;

1.1.5 We have no control over, and we make no representations or warranties that a Seller or Buyer of goods or services auctioned on this Site will fulfill their respective sale and purchase obligations;

1.1.6 cannot and do not guarantee that a Buyer will pay for the goods and services for which he or she has successfully bid in an auction on this Site; we also cannot and do not guarantee that a Buyer will pay for the goods and services for which he or she has successfully bid in an auction on this Site.

1.1.7 cannot and do not have control over, nor do we represent or warrant that any goods or services will be delivered to a particular Buyer by a particular Seller.

1.1.8 cannot and do not represent or warrant that we will be able to verify that each Buyer and Seller is who they say they are;

1.1.9 cannot, and do not represent or warrant, that we will be able to exercise any practical control over the feedback, comments, or rating scores provided about you in accordance with the Rating Systems Rules.

1.1.10 despite any credit checks we may have conducted pursuant to Clause 10.3, we cannot and do not, nor do we represent or hold out that we can or could, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including, without limitation, that:

1.1.10.1 Any Buyer’s or Seller’s (as the case may be) credit card information is correct;

1.1.10.2 credit limit has not been exceeded;

1.1.10.3 credit card has not been reported stolen;

1.1.10.4 Buyer or Seller has permission to use the credit card; or

1.1.10.5 credit card is being used lawfully.

1.1.11 SwingSave will not directly be involved in any dispute between Buyer and Seller in regards to any matter in connection with the sale or purchase of any goods and services. All disputes will be handled by Tradesafe (PTY) Ltd as stipulated in their agreement as per Annexures below.

1.1.12 We do not represent the Seller or the Buyer in the making of the offer, the placement of the goods on the auction site, the acceptance of such offer, or the seller’s acceptance of the bid.

1.2 If you obtain any personal information about a Buyer or Seller, as the case may be, for any or all of the purposes listed in clause 13.4.1 of this Agreement, you hereby represent and warrant to us, the Seller or Buyer, as the case may be:

1.2.1 that you will respect the privacy of the Buyer or Seller and fulfill any other obligations under clause 13.4.2 of this Agreement; and

1.2.2 that you will comply with the Protection of Personal Information Act, insofar as it applies, in processing any and all personal information pertaining to such persons, whether obtained from SwingSave, the Seller, or the Buyer themselves.

1.3 By trading on this site, you agree and acknowledge that we cannot and do not control, nor do we represent or hold ourselves out as being able to control:

1.3.1 how the Seller or Buyer processes your personal information;

1.3.2 whether the Seller or Buyer processes your personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or

1.3.3 where or to whom the Seller or Buyer transfers your personal information during or after the sale or purchase of any goods on this Site by yourself by the Seller or Buyer.

1.4 By trading on this site and agreeing to the content stipulated in clause 1.3, you also agree to and acknowlefde that during and after a successful sale and purchase of goods or services on auction, SwingSave is no longer responsible or accountable in the respect of:

1.4.1 any personal information that the Buyer and Seller may exchange for any or all of the purposes set forth in clause 13.4.1 of this Agreement;

1.4.2 any personal information provided to the Seller with the Buyer’s permission in accordance with the terms of this Agreement, or vice versa;

1.4.3 the manner in which such personal information is processed after the Buyer and Seller have exchanged it;

1.4.4 a failure by the Seller or Buyer, as the case may be, to process such personal information in accordance with the Protection of Personal Information Act, to the extent that the Act applies; and/or

1.4.5 the Seller or Buyer disclosing any information to a third party.

2. Provision of Services

2.1 We will provide you with the Services.

2.2 We will give you a username and password so that you can log in as needed. Unless you have signed up through our platform and entered your own login details.

2.3 We reserve the right to change or vary your preferred username and password at any time, and we will notify you (by email where possible).

2.4 To access this Site, you agree to provide all required equipment, network connections, and software.

2.5 You agree that SwingSave may limit or discontinue its services to you at any time if SwingSave, in its sole and absolute discretion, chooses to do so without having to provide any explanation.

3. Fees

3.1 There is no charge for registering or bidding on items on this Site. Upon final purchase and payment there are minor fees involved as laid out in the Billing Statement.

3.2 Your SwingSave account will be charged a Success Fee if you sell on SwingSave. You must agree to this, as well as the price structure, billing, and credit regulations mentioned in the Billing Statement, in order to use the Services. Please do not accept these terms and conditions if you do not agree to this condition.

3.3 We reserve the right to change our price structure, billing regulations, and credit policies at any moment, and such changes will take effect immediately.

3.4 We may amend our cost structure and billing for promotional events at any time in our sole discretion, and such changes are effective for the days mentioned when we advertise such a campaign on this Site.

3.5 We reserve the right, at our sole discretion, to change or remove any Services or to cease offering any Services. If we release a new Service, all fees associated with that Service will take effect from the time it is launched, unless otherwise noted.

3.6 Unless otherwise stated, all fees are quoted in South African Rands and are exclusive of VAT.

3.7 By paying the appropriate fees, users gain the ability to sell products on this Site. This does not imply that you are purchasing the rights to the web pages themselves, which remain SwingSave’s property; we reserve the right, in our sole discretion, to place third-party adverts on the sites without your consent or payment.

3.8 SwingSave has the right to impose an R500 administration fee on accounts that have been restricted, disabled, or blacklisted.

4. Seller

4.1 You may list the items and services you want to sell on the Site, subject to this Clause 4 and Clause 9.

4.2 You consent to us or our designated agent conducting any necessary credit and/or identity verification checks on you and/or your credit card.

4.3 If you fail to comply with Clause 4.2, we may prevent you from participating in any auction on this Site or using the Services, in addition to any other rights we may have under this Agreement.

4.4 By doing so, you promise and warrant to the Buyer of those goods and services, as well as to us separately, that:

4.4.1 your information:

4.4.1.1 is true and not deceiving, misleading, or dishonest;

4.4.1.2 does not infringe on any third-party intellectual property rights;

4.4.1.3 is created in accordance with all applicable laws, rules, and guidelines;

4.4.1.4 is not forged, threatening, or abusive in any way, and does not constitute harassment in any way;

4.4.1.5 does not contain confidential information or trade secrets of a third party unless the owner of the third party has given you permission to do so;

4.4.1.6 is free of viruses, worms, trojan horses, and other malicious programs or data, whether or whether they are attached to or incorporated in other programs or data.

4.4.1.7 will not defame (libel or slander) any person, or transmit any false or inaccurate information, whether personal or commercial; and

4.4.1.8 contains no child pornography, bestiality, or other vulgar or offensive content;

4.4.2 You are the legal owner of the goods and services you are offering for sale on this Site, and you have the legal power to complete the transaction and transfer title to the successful Buyer;

4.4.3 You will not provide descriptions or hyperlinks to goods and services that you are not selling on this Site;

4.4.4 If a Buyer who is a dealer under the Second Hand Goods Act requests information to complete his register, you agree that the requested information will not be withheld needlessly;

4.4.5 you will comply with the Listing Policy.

4.5 You represent and warrant to both us and the Buyer that your information will be kept up to date, and that you will update your account/profile and any other information as needed. These modifications may be made in accordance with paragraph 16.15.

4.6 You represent and warrant to us and separately to the successful Buyer, in addition to Clauses 4.4 and 4.5, that:

4.6.1 the goods and services you offer for sale and sell, on this Site:

4.6.1.1 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect given matters such as, without limitation, the description of those goods and their price; and

4.6.1.2 correspond with the description that you have posted on this Site; and

4.6.1.3 if sold in bulk, will correspond with any samples; and

4.6.1.4 are free of any charge or encumbrance such that a buyer will be able to ownership of these goods

4.6.2 the services you offer for sale, and sell, on this Site:

4.6.2.1 will be completed with the utmost care and expertise; and

4.6.2.2 Any materials provided as part of a service will be reasonably fit for the purpose for which they were provided; and

4.6.2.3 If the Buyer has specified the specific purpose for which the services are required or the desired result from any services, those services and any materials supplied in connection with those services will be reasonably fit for that purpose or of such nature and quality that they can be reasonably expected to achieve that result;

4.6.3 the goods and/or services you offer for sale, and sell on this Site:

4.6.3.1 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;

4.6.3.2 are legally permitted to be offered for sale and sold on this Site, and that the offer and sale of those products and services does not violate any law.

4.7 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 disclosed to anyone at any time in the information provided about the goods or services to which that reserve price or minimum price, whichever is applicable, applies.

4.8 The Seller must lay out the terms and conditions for sale of the goods or services the Seller offers for sale or sells on this Site in the information given about those goods or services, including the following:

4.8.1 whether the auction is a Standard Auction, or Buy Now Item, or a combination of any of the preceding auctions;

4.8.2 as applicable, the minimum bid increments;

4.8.3 in the case of a Buy Now Item, a Buy Now Price,

4.8.4 date and time of opening, and closing, of the auction;

4.8.5 payment terms;

4.8.6 terms of delivery;

4.8.7 returns policy;

4.8.8 taxes, levies, and expenses payable by the Buyer (including, without limitation, VAT or other consumption taxes, customs and other import fees and tariffs); and

4.8.9 unless otherwise noted, all values are expressed in South African Rands.

4.8.10 If this is a private sale, both purchase now and auction selling prices will be considered to be VAT-free;

and the Seller acknowledges that such terms and conditions shall apply to any matters that we specify in this Agreement, including those in Clauses 10.2.2, 10.2.4, and 10.4, as well as those in the SwingSave Guidelines.

4.9 The payment-processing fee on all payments made with a Tradesafe Credit Card is included in the success fee and final order value fee payable to the transaction if you are a Tradesafe approved Seller. Any costs owed will be deducted from the money received on behalf of the Seller from the Buyer. Billing Statement specifies the fees.

4.10 You are not protected against a subsequent reversal of a transaction if you are a Tradesafe certified Seller and you receive payments through the Tradesafe Service. You will owe SwingSave the amount of the reversed transaction plus any costs imposed on SwingSave as a result of the reversal if the sender’s transaction is reversed for any reason.

5. Buyer

5.1 You promise and warrant to each Seller, as well as to us individually, that:

5.1.1 your information:

5.1.1.1 is true, misleading, deceitful, or fraudulent; 5.1.1.2 does not infringe on a third party’s intellectual property rights;

5.1.1.2 is created in accordance with all applicable laws, rules, and recommendations;

5.1.1.3 is not forged, threatening, or abusive in any way, and does not constitute harassment in any way;

Unless you have secured the approval of the third-party owner, 5.1.1.5 does not contain confidential information or trade secrets of a third-party.

5.1.1.4 is free of viruses, worms, trojan horses, and other malicious programs or data, whether or whether they are attached to or incorporated in other programs or data.

5.1.1.5 will not defame (libel or slander) any person, or transmit any false or inaccurate information, whether personal or commercial;

5.1.1.6 Your information will be maintained up to date, and you will make any necessary changes to your account/profile and other information. These modifications may be made in accordance with Clause 16.15.

5.1.2 You have the legal authority to purchase any goods or services that you bid on, and you will not be breaking any laws by doing so;

5.1.3 You will not bid on any products or services on this Site unless you are able to pay for those goods or services and have adequate available capacity to do so;

5.1.4 Any items and/or services purchased on this Site are purchased entirely at your own risk.

5.1.5 In all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Site, the Seller may exclude all terms, conditions, and warranties, whether express, implied, statutory, common law, or otherwise, relating to those goods and services, to the extent permitted by law; and

5.1.6 You have got from the Seller the relevant information to comply with the Second Hand Goods Act; (where applicable);

5.1.7 If you’re bidding on adult goods and services, make sure you have the legal authority to purchase them.

6. Conduct of Auction

6.1 The following are the guidelines for running auctions on this website:

6.1.1 You may not use bid manipulation to unduly influence others to make bids or manipulate the bid price.

6.1.2 no bids below the indicated minimum price (if there is one) will be accepted;

6.1.3 If the highest bidder does not meet the reserve price (if one exists), no bid will be considered successful;

6.1.4 If requested, a Buyer must provide credit card information to us immediately before placing your first bid, if the Buyer has not already done so in accordance with Clause 8;

6.1.5 After an auction closes, all bids are final and non-reversible by the Buyer, and a Buyer shall be deemed the successful bidder in the following order:

6.1.5.1 If the seller is pleased with the current winning bid, the auction will be closed early.

6.1.5.2 The first bidder who submitted a bid at the Buy Now Price in the case of a Buy Now Item;

6.1.5.3 the highest-bidder Buyer;

6.1.5.4 the Buyer who bid the highest price for the largest quantity of products or services;

6.1.5.5 the first Buyer who bid the highest price for the largest quantity of products or services;

6.1.6 If the Buyer is a successful bidder as determined by Clause 6.1.5, and his or her bid is accepted, or deemed to be accepted, by the Seller, the Buyer must complete the purchase of the goods or services within 24 hours or lose the right to the product, except in the following exceptional circumstances:

6.1.6.1 following the start of bidding, the description of the goods or services is considerably amended; or

6.1.7 Bid deletion by a seller is not allowed without a valid reason or without SwingSave’s consent, unless the bidder asks it in accordance with the Consumer Protection Act, in which case bids must be removed before the auction closes.

6.1.8 If a Seller receives a bid that is equal to or greater than the stated minimum price, or the reserve price if the auction is a reserve auction, the reserve price, they must accept that bid or the highest bid (if there are multiple bids) and complete the sale of the goods or services to that Buyer, unless there are exceptional circumstances such as the following:

6.1.8.1 the Buyer does not complete the purchase of the goods or services (for example, the Buyer fails to pay for the goods or services); 

7. Ratings, Comments and Feedback

7.1. You agree that feedback, comments, and ratings scores about you may be shared as outlined in the Rating Standard as a condition of using the Services. Please do not accept these terms and conditions if you do not agree to this condition.

7.2. Users should rate each other according to the guidelines outlined in the Rating Standard portion of this Agreement.

7.3. Please contact our customer service department if you believe a statement made about you according to Clause 7.1 is inaccurate, misleading, deceptive, or defamatory (” Questionable Statement “). We may (but are not obligated to) remove the Questionable Statement as a result of an investigation. Whether or not we conduct an investigation and whether or not we remove the Questionable Statement, and even if we do not conduct an investigation because you do not contact us or for any other reason, you hereby release us and waive any rights you may have had against us in relation to the Questionable Statement or any statement made about you pursuant to the Rating Standard, and you agree that you will not make any claims or demands, or take any action, issue, or issue, you hereby release us and waive any rights you may have had against

7.4 We have complete discretion over whether or not to undertake an inquiry, and we will not be obligated in any manner to listen to any representations in this regard.

8. Payment Details – Buyer

8.1 In addition to Clause 6.1.4, we reserve the right to request that you give us with your valid and current credit card or bank account information at any time, whether before or after the bidding for any products or services begins, or at any other time.

8.2 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 6.1.4 or 8.1, we may bar you from participating in any auction for any goods or services, or from using the Services, until you provide us with those credit card details.

8.3 By initiating and sending payment through Tradesafe, you agree that SwingSave may obtain the funds by any or all of the following methods: debiting the funds from Tradesafe’s payment methods; debiting the funds from your account; debiting the funds from your account; debiting the funds from your account; debiting the funds from your account; debiting the funds from your account; debiting the funds from your account; debiting the funds from your You retain ownership of those monies, and Tradesafe acts as your agent, but you will not be able to withdraw or send those funds to anybody else unless the initial transaction is terminated.

8.4 By providing SwingSave with the information listed in clauses 6.1.4, 8.1, or 8.3 above, you consent to SwingSave processing and/or further processing of the personal information in line with the Protection of Personal Information Act.

8.5 You further agree that I SwingSave is not a bank and the Service is a payment processing service rather than a banking service, and (ii) SwingSave is not acting as a trustee, fiduciary, or escrow with respect to your funds by using the Tradesafe service.

9. SwingSave Discretion

9.1 We reserve the right to change or remove any information, or to withdraw any products or services offered for sale by you, or a bid placed by you, at our sole discretion if:

9.1.1 that information and/or those goods or services, as applicable;

9.1.1.1 infringe or is suspected of infringing on someone person’s intellectual property rights (other than the Seller in question); or

9.1.1.2 may expose us to any type of liability;

9.1.2 if we are not totally satisfied that you are legally entitled to offer for sale or sell the products and/or services described in Clause 4.6;

9.1.3 You have failed to comply with Clauses 3.2 and 4.2;

9.1.4 In the case of a bid, we have reasonable grounds to suspect that the bid is not a legal or economically feasible offer for the products and/or services;

9.1.5 It is in our commercial interests to do so in any case;

9.1.6 We are obligated to do so by law;

9.1.7 you violate this Agreement in any way; or

9.1.8 for any other reason, and you irrevocably and unconditionally agree to renounce any rights you may have had against us in relation to any action we may have taken under this Clause 9.

10. Completion of Sale and Purchase of Goods or Services

10.1 When an auction finishes, we will send an automatic email to the Seller and the successful Buyer informing them of the successful sale (if any) of any goods or services.

10.2 The Seller and the successful Buyer will be fully liable for the following matters following receipt of the Confirmation Notice, including but not limited to:

10.2.1 implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;

10.2.2 ensuring they 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 (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second Hand Goods Act) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Gauteng, the Republic of South Africa;

10.2.3 following to the payment terms that have been established;

10.2.4 arranging for any insurance coverage (if any) for the goods or services;

10.2.5 agreeing on a delivery date for the products or services, if applicable; and

10.2.6 payment of all relevant taxes, levies, and charges (including, but not limited to, VAT and other consumption taxes, as well as customs and other import duties and tariffs) paid in connection with the sale and purchase of the products and services.

10.3 We have no role in the sale or purchase of any goods or services other than providing a platform for an auction, as specified in Clauses 10.1, and as such, we will never accept returns of any goods or services acquired on this Site because we are not the Seller. You must therefore direct all inquiries, of whatever nature, to Tradesafe, including, but not limited to, defective goods and services, goods and services that are not fit for a particular purpose, or non-delivery of any goods and services, or lodge your query via our website, where Tradesafe (PTY) Ltd will take appropriate action.

PART 3: GENERAL TERMS AND CONDITIONS

11. SwingSave May Change These Terms and Conditions

11.1 We reserve the right to modify the terms of this Agreement at any time. If we do so, we will notify you by posting details of such modifications on this Site, which will take effect immediately.

11.2 You agree to accept and be bound by any modifications made by us under this Clause 11 by accepting this Agreement and any notices of changes to this Agreement. In any case, your continuing use of the Services after any modifications to this Agreement’s terms have taken effect in accordance with Clause 11.1, shall be deemed your acceptance of those changes to this Agreement’s terms.

12. Compliance with These Terms and Conditions

12.1 You agree to quickly notify us of any breach of this Agreement by you, as well as any activity by another user that you believe may be a breach of this Agreement, whether the conduct has ended, is continuing, or may occur in the future.

12.2 You agree that if we feel you are not complying with the terms of this Agreement, we may and will monitor your behavior. If we do, we will keep your information private unless:

12.2.1 Doing so would or could expose us to criminal liability, a civil wrong, or any other claim for which we might be held liable;

12.2.2 The law compels, mandates, or makes it prudent and desirable for us to divulge or disclose the information or documents we retain or know; or

12.2.3 We believe that making disclosures is required or desirable in order to protect or enforce our interests or rights.

12.3 We may give you a warning if we feel you are not, or may be in danger of not, complying with any of the conditions of this Agreement, whether or not we have undertaken any monitoring (although we will not be obliged to do so).

12.4 If you:

12.4.1 infringe or are accused of infringing on another person’s intellectual property rights;

12.4.2 are suspected of, or are found to have engaged in, any fraudulent or other criminal activity in connection with this Site or any other web site, by conviction, settlement insurance or escrow investigation, or otherwise; or

12.4.3 You owe money on your SwingSave account and it’s past due; or

12.4.4 If you breach this Agreement in any other way, we may, in our sole discretion:

12.4.4.1 refuse to grant you access to any or all of the Services;

12.4.4.2 delete or remove any or all of your information without incurring any liability to you, and block inbound and outbound data or message exchanges;

12.4.4.3 resume the Services if and when you can show unambiguous and consistent adherence to the conditions of this Agreement on a long-term basis; and

12.4.4.4 If the Services are restored to you, we may terminate the Agreement we have with you and cancel our obligations to provide the Services if we are not convinced that you will clearly and consistently adhere to the conditions of this Agreement on a permanent and consistent basis.

13. Use of Site

13.1 In using this Site, you must not:

13.1.1 copy, store, use, alter, modify, impair, interfere with, or attempt to tamper with, or disseminate software or other data illegally;

13.1.2 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, or attempt to access, copy, destroy, erase, or 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;

13.1.3 interfere with or hinder the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person’s computer systems;

13.1.4 sell, export, bid for, or import Prohibited Goods and Services;

13.1.5 offer, sell, export, bid for, or import any goods or services if you are in violation of any applicable legislation; and

13.1.6 engage in any practice or behaviour that is prohibited by any applicable laws;

13.1.7 copy, change, or distribute our sites’, services’, or tools’ rights or content, or SwingSave’s copyrights and trademarks;

13.1.8 without SwingSave’s specific permission, harvest or otherwise collect information regarding users (including email addresses), trades listed, or sales activity done on SwingSave;

13.2 Any links or references (direct or indirect) to other web sites on this Site are given solely for your convenience and do not imply or imply that we support those web sites, or the products and services offered on those web sites.

13.3 The information and materials on this site were created in compliance with the laws of the Republic of South Africa and are intended for use only in the Republic of South Africa. It could be in violation of the laws of another country. We make no representation that the information and material on this Site conforms with the laws of any jurisdiction other than the Republic of South Africa (including any intellectual property laws). If you use this Site from a location other than the Republic of South Africa, you do so at your own risk and are responsible for ensuring that you comply with the laws of the nation in which you are located.

13.4 Using information about other SwingSave users –

13.4.1 You promise to only use user information in accordance with existing laws and regulations (including, without limitation, the Personal Information Protection Act and other data protection laws) and for the following purposes:

• • SwingSave-related transactions that aren’t unsolicited commercial communications;
  • utilizing the services provided by SwingSave; and
  • other reasons to which a user has specifically agreed.

13.4.2 You agree to respect the privacy of other users and to make your privacy and security policies available to them. You are required by law to give other users the opportunity to opt out of your database and evaluate the information you have gathered on them.

13.5 You agree to the Affiliate Terms and Conditions –

13.5.1 You will not deceive or mislead others.

13.5.2 Spamming, indiscriminate advertising, unsolicited commercial email, cyber squatting, or typo squatting will not be tolerated.

13.5.3 You will not operate or use a website or email to link to a website that contains or promotes any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking, or warez, or that offers any illegal goods or services, or link to a website that does so.

13.5.4 A SwingSave account is limited to one per user. You will not be reimbursed if a user you refer provides false information or opens multiple SwingSave accounts, and your affiliate status will be withdrawn without payment of any outstanding payments if you are suspected of abusing the program. The affiliate is not permitted to create accounts or referrals in order to increase referral revenue.

13.5.5 No referral links will be placed on any SwingSave web pages.

13.5.6 Without SwingSave’s explicit consent, you will not give any direct or indirect inducement to users that results in referral payments.

13.5.7 A user account on SwingSave is necessary.

13.5.8 You must be at least 18 years old, have a valid South African identity number, and a bank account in South Africa.

13.5.9 You may not use any SwingSave corporate trademarks (or derivatives thereof) without prior consent from SwingSave, other than through the content given by SwingSave.

13.5.10 Beginning April 1, 2010, third-party advertising programs including Google Adwords, Bing, and Yahoo Search are no longer allowed to be used as part of the SwingSave Affiliate Program. If you don’t follow these rules, your Affiliate status will be withdrawn, and any outstanding money will be forfeited.

13.5.11 You will not get compensated for your referrals unless you utilize the correct tracking URL. SwingSave accepts no responsibility for affiliates’ inaccurate or broken links, which result in referrals not being monitored.

13.5.12 Only SwingSave Affiliate Program-captured referrals will be paid. Any other contested referrals will not be rewarded for any reason.

13.5.13 Affiliate compensation is calculated on the first day of each month for all transactions that occurred the preceding month.

13.5.14 If the total debt outstanding exceeds R250.00, payment will be made within 30 days (Two Hundred And Fifty Rand).

13.5.15 Affiliates may be required to present an official invoice in conformity with the South African Revenue Services in order to obtain payment.

13.5.16 Affiliates will be paid according to the SwingSave reward plan, which SwingSave reserves the right to change from time to time at its discretion.

13.5.17 SwingSave retains the right to withhold affiliate benefits or terminate a user’s ability to participate in the Affiliate Program if the users referred to SwingSave via the Affiliate Program are of poor quality. Users of poor quality may include, but are not limited to:

1. 1. a) Users with a high number of negative feedback;
   2. b) Users who have received a net bad rating;
   3. c) users who have been blacklisted, restricted, or suspended;
   4. d) Users that SwingSave deems undesirable or of low quality in their sole judgment.

13.5.18 These Terms & Conditions are subject to change at any time and will take effect as soon as they are posted on the SwingSave website.

13.5.19 SwingSave reserves the right to terminate this Affiliate Program with at least 30 days’ notice to participating affiliates.

13.5.20 Your Affiliate membership may be terminated without payment of any outstanding money if you violate any of these Terms and Conditions or for any other cause at SwingSave’s sole discretion.

13.6 You agree to comply with all applicable laws when using this Site and when selling or purchasing products or services as a result of using this Site, notwithstanding and in addition to any other term of this Agreement.

13.7 You undertake not to harass, intimidate, or threaten any SwingSave staff or users of the SwingSave website in any way, and failing to do so may result in the cancellation or restriction of your SwingSave account, at SwingSave’s sole discretion.

14. Entering into this Agreement

14.1 You represent and warrant to us:

14.1.1 if you are an individual who is eighteen (18) years old or older, has full legal capacity, and is thus capable of entering into and completing your duties under this Agreement; or

14.1.2 if you are a juristic entity:

14.1.2.1 that you have been lawfully incorporated and received a certificate of commencement of business, as well as the authority to own and sell property; and

14.1.2.2 This Agreement does not infringe on your constitutional rights; and

14.1.2.3 You have the legal authority to enter into this Agreement and to authorize others to enter into this Agreement and perform your responsibilities under it, and you have taken all corporate and other actions necessary to do so.

14.2 Transactions in case of a minor

14.2.1 If you are under the age of 18 or are not legally entitled to enter into a binding and enforceable agreement, you may not register as a user or use SwingSave’s services unless you are under the supervision of, and have gotten the approval of, your parent, legal guardian, or spouse.

14.2.2 If your parent or legal guardian supervises you and grants his or her approval, that person agrees to be bound and liable and responsible for you and all of your obligations or duties under the agreement you and SwingSave (Pty) Ltd have entered into.

14.2.3 SwingSave reserves the right to refuse service, terminate/suspend your account, or cancel orders if we determine, in our sole discretion, that you have failed to comply with the aforementioned provisions or the remaining provisions of these terms and conditions for any reason, without prejudice to any other legal rights we may have.

14.2.4 We will assume that you were / are supervised by and have acquired the approval of your parent or legal guardian, curator, or trustee to the degree that you use our services. It is your responsibility to prove that you were not supervised or that you had the required consent.

15. Licence of, and Use of, your Information

15.1 You grant us a non-exclusive, irrevocable, global, perpetual, royalty-free right to utilize your Intellectual Property Rights in your information, in any manner.

15.2 We agree to use your information only in line with the Privacy Statement below, subject to Clause 15.1. Please do not accept these terms and conditions if you do not agree with the provisions of the Privacy Statement.

15.3 We also agree and/or commit to processing your personal information in accordance with the Protection of Personal Information Act’s provisions.

16. Privacy Statement

This privacy statement explains how SwingSave.com handles personal information.

When collecting your personal information, we have committed to inform you of the following:

1. When information is collected from another individual, the information being collected and the source from which it is collected;
2. Our full name and mailing address;
3. The information is being collected for what reason;
4. Whether or not it is mandatory or voluntary for you to provide information;
5. The ramifications of failing to submit the necessary information;
6. Any specific statute authorizing or requiring the information acquisition;
7. Whether we intend to transfer the information to a third country or international organization, as well as the level of protection provided by the said third country or international organization to the information;
8. Any more details, such as:

– the person who will receive the information or with whom it may be shared;

– the information’s nature and classification;

– your right of access to the information, as well as the right to correct it;

– the right to object to your personal data being processed; and

– the right to file a complaint with the Information Regulator, as well as the Information Regulator’s contact information.

If you have questions or concerns regarding this statement, you should please contact Customer Support by email on support@swingsave.com.

16.1 Information Collection And Use

16.1.1 As stated in clause 16.1.2 of this Agreement, the information we gather from you is collected for a specific, precisely defined, and legitimate purpose linked to SwingSave’s function and activity. You agree that we may collect this information from you in conjunction with or as a result of your use of our site, including, but not limited to, the provision of online trading services to you.

16.1.2 The reason for the collecting.

16.1.3 The information gathered on this site is solely owned by us. This information will not be sold, shared, or rented to anyone else in any way other than as stated in this privacy statement.

16.1.4 At numerous points on our site, we collect information from our users. If you choose to participate on our site, we collect information about your bidding, purchasing, and selling activities as a result of your participation in these activities, as well as ratings and comments received from other users about your participation in those activities. We also gather information about you from you or a third party through any type of interaction, including as emails and phone conversations. If you want to participate in special promotions with third parties on our site, we may gather information from you. This information will be shared with that third party with your permission and solely for the purposes of that promotion.

16.1.5 If you choose to bid on specific goods and services on our site, or if you sell on our site, we will additionally gather financial information about you, as described in the Terms and Conditions of Use of this Site. We do charge fees for selling, and we will utilize your payment information to bill you accordingly. In some situations, such as when charging you for selling and in auctions where shipping and delivery or fulfillment services are offered to our users, we may share your payment information with trusted partners, but only if our users have requested those services from us. The following is a list of the other types of data we collect.

16.2 Registration

16.2.1 To access our website, you must first fill out a registration form. We collect personal information such as your name, address, email address, phone, and fax numbers when you register. This information is used to contact you about the services on our website that you have expressed an interest in. Additional information (such as “How did you hear about us?” and “What are your interests?”) and unique IDs are also collected (such as your company name and VAT number, if applicable). All mandatory information is disclosed on the registration form and is required to complete the registration procedure. You are urged to fill out the additional, optional information on the registration form so that we can give you with a more personalized experience on our website.

16.2.2 We reserve the right to seek further personal information from you at any time. For security and verification purposes, you may be asked to confirm facts such your identification, address, and contact information. Copies of identification documents, passports, utility bills, licenses, rights to sell or distribute a certain item or product, legal or financial documentation, or any other material linked to your usage of our website may be included in this information (but not limited to this).

16.3 Cookies

A cookie is a little data file that your browser saves to your computer’s hard disk to remember information and is linked to some personally identifying information while you’re on our site. Cookies save your Handle and Password so you don’t have to write them in every time you log in or place a bid, saving you time while on our site. You can still use our site if you disable cookies. Cookies, on the other hand, must be enabled in order to log in and bid or sell.

Session cookies and permanent cookies are the two types of cookies used on our site. The session cookie expires when you close your browser, but the permanent cookie remains to allow us to track and target your interests to improve your experience on our site.

16.4 Log Files

From page hits, we compile statistical data about you. Every page, image, or cgi application that your browser requests from our servers is recorded in a log file, which also includes your remote IP address, the referring HTML page, and the type of browser and computer you are using. We use IP addresses to track your movements, evaluate trends, and gather broad demographic information for aggregate usage. Internally, the statistical data we collect is used for marketing analysis. This data, as well as IP addresses, are not linked to any personally identifiable data.

16.5 Sharing

16.5.1 In accordance with the Terms and Conditions of Use of this Site, if you successfully sell a product or win an Auction, or if you are the runner-up in an Auction where the winning bidder defaults, your name, email address, phone number and fax number, payment details including credit card information, and mailing address may be passed on to the other party involved in that Auction. For example, if you place a bid on an auction and win it, your information will be given to the seller of the auctioned item. Similarly, if you are selling an item at an auction, the winning bidder will receive your contact information.

16.5.2 In the following circumstances, we will reveal information about you (as either a buyer or a sale) to the appropriate buyer or seller:

16.5.2.1 If you, as the buyer or seller, can no longer be reached in connection with a sale or purchase;

16.5.2.2 If you fail to meet your responsibilities under any contract between you and the customer or seller, as the case may be;

16.5.2.3 If you, as the buyer or seller, are engaging in illegal or deceptive behavior.

16.5.3 In addition to the foregoing, we shall only disclose these information to the other party:

– in response to a formal request from the buyer or seller, as applicable, under the Promotion of Access to Information Act.

– the disclosure of such information is reasonably necessary and suitable for enforcing or applying the Site’s Terms and Conditions of Use;

– the sharing of such information is reasonably required and appropriate to protect SwingSave, our users, or others’ rights, property, or safety; and

– No basis for refusal is listed in Chapter 4 of Part 3 of the Promotion of Access to Information Act.

16.5.4 If the buyer or seller, as the case may be, makes a formal request for access to your information for any of the reasons listed in clause 16.5.3 above, we will notify you (via email) of the request, and if you do not respond within 7 days of receiving it, your information will be released to the said party.

16.5.5 By accepting these terms and conditions, you agree to the release of your information in the event of any of the events stated in clause 16.5.3 above, as well as your failure to reply to any notification of a request for your information from the buyer or seller, as the case may be.

16.5.6 You also agree that in the event of (a) and (b) above, we will not be liable to you or any other person for any loss, damage, expense, or other sums incurred, savings foregone, or hardship suffered by any person, whatever arising (including where the cause cannot be ascertained).

16.5.7 In order to provide you with an international trading service, we shall share information, including personally identifiable information about you, with our parent, subsidiaries, and associated businesses. All of these businesses will treat your information in accordance with this policy and in the same way that they would treat the information of their own users.

16.6 External Links

There are links to other websites on this website. Please be aware that we are not responsible for the privacy practices or the content of third-party websites. When you leave our site, we encourage you to read the privacy policies of any web site that collects personally identifiable information. This privacy statement only applies to data collected by this website.

16.7 Newsletter

We ask for contact information such as email addresses if you want to subscribe to our newsletter. However, as detailed in our choice and opt-out section below, it is entirely at your decision to be removed from such a list.

16.8 Site And Services Updates

We also offer you information on the site and services. You cannot unsubscribe from these since they include critical information about our website and services.

16.9 Surveys And Contests

16.9.1 We may ask for information from you via surveys or contests from time to time. Because participation in our surveys or contests is entirely voluntary, you have the option of disclosing any information to us. Contact information (email addresses, for example) and demographic information may be required. We work with third companies to provide prizes for our contests, but no personal information is shared with them.

16.9.2 We will use your contact information to notify winners and award prizes in our competitions, as well as for promotional mailings. The results of the survey will be used to track and improve the use and satisfaction of this website. Users who have been on our site for a while will be automatically put into certain of our contests, giving them additional chances to win.

16.9.3 The competition/promotion will be dealt with in accordance with SwingSave’s Competition Terms, the terms and conditions of service set out herein and South African legislation as it may apply. The Competition Terms may be accessed here.

16.10 Public Forums

If we provide our users with access to chat rooms and message boards, please keep in mind that any information shared in these places becomes public information. As a result, you should proceed with caution while disclosing personal information. To ensure security and policy adherence, we may monitor private messages and communication between members utilizing our forum private messaging system from time to time.

16.11 Tell-A-Friend

We ask for your friend’s name and email address if you choose to utilize our referral program to tell a friend about our site. We’ll send a one-time email to your friend encouraging them to see our site. This information is only kept for the purpose of sending this one-time email. Your friend may contact us at any time at info@SwingSave.com to request that this information be removed from our database.

16.12 Security

We take every effort to protect all information under our control from loss, abuse, and alteration. Your information is protected both online and offline when you submit sensitive information through our site.

When you enter sensitive information (such as a credit card number) on our registration form, it is encrypted and protected using SSL. When you’re on a secure page, like our registration form, the lock icon on the bottom of Web browsers like Netscape Navigator and Microsoft Internet Explorer becomes locked, rather than unlocked or open, as it is when you’re just’surfing.’

While we employ encryption to safeguard critical information online, we also go to great lengths to protect user data offline. Personal identifying information is stored on servers that are kept in a secure environment.

If you have any queries about our site’s security, please contact us at info@SwingSave.com.

16.13 Supplementation of Information

It is necessary for us to complement the information we receive with information from third-party sources in order for this site to fully perform its commitment to our customers.

16.14 Special Offers

We send a welcome email to all new members to validate their password and username. Established members will receive information about products, services, special offers, and a newsletter on a regular basis. Our users can choose not to receive these types of communications out of respect for their privacy (refer to our choice and opt-out section below).

16.15 Correction/Updating Personal Information:

You may edit, update, or erase your personally identifiable information supplied to us if it changes (such as your email address) or if you no longer wish to utilize our services. This can be done on the member information page or by sending an email to info@swingsave.com.

We will erase your account if you request that we delete the personal information you have supplied to us. However, records of your personal information will be kept for a period of 5 years as required by the Protection of Personal Information Act for authorized purposes relating to our functions and operations, as well as for statistical purposes. This information will only be stored and will not be used, shared, or sold in any way.

16.16 Choice/Opt-out

If you no longer wish to receive our newsletter, information about products and services, special offers, surveys, or promotional materials from us or our partners, please follow the unsubscribe instructions in the relevant email or email us at info@swingsave.com.

Log in to our Members Area or click here to update your registration information.

Click here to sign up for our newsletter.

16.17 Anti-Spam Policy

SwingSave (Pty) Ltd is dedicated to permission-based email marketing and has implemented a zero-tolerance anti-spam policy. SwingSave (Pty) Ltd has the right to amend this policy at any time and will post any changes on its home page. Acceptance of the terms and conditions of our Anti-Spam Policy is implied by your use of this website.

Spam is unsolicited commercial email or mass email, such as junk mail, that has not been requested by the recipient. Permission-based email is the polar opposite of spam.

If you believe you have received Spam from SwingSave (Pty) Ltd in any way, please write a complaint to abuse@SwingSave.co.za, along with the unsolicited email. You may also offer any additional information you believe may assist a SwingSave (Pty) Ltd investigation. Anonymous Spam complaints are not investigated or actioned by SwingSave (Pty) Ltd.

Individuals who register on SwingSave (Pty) Ltd and submit their email address allow SwingSave (Pty) Ltd permission to send them information about SwingSave (Pty) Ltd related products and services. SwingSave (Pty) Ltd does not sell, distribute, or exchange our subscriber list with anyone for any reason, and you have the option to unsubscribe at any time.

16.18 Notification of Changes

16.18.1 If we decide to amend our privacy statement, we will notify you by email and on our homepage, so you are constantly aware of what information we collect, how we use it, and under what circumstances, if any, we release it.

16.18.2 We will notify you through email in our newsletter if we make any changes to how we utilize your Personally Identifiable Information. If you do not want your information to be used in this new way, please contact us within a month and your information will be removed from the system. If you don’t contact us within that month, we’ll assume you’re okay with your data being used in this new way.

Contacting us

If you have any questions about this privacy statement, or about access to and protection of your personal information, this site’s practices, or your dealings with us, please contact us at hello@SwingSave.co.za. Alternatively, you can visit our PAIA/POPI page, which contains information about access to and protection of your personal information.

17. User Traffic and its Content

17.1 While we will make every effort to ensure continuous access to this Site and to prevent and repair any disruptions or failures, we cannot and do not have control over the data, files, or other information that passes through our computer systems and network resources. As a result, you agree to:

17.1.1 are in charge of your data’s movement and storage through our computer systems and network resources;

17.1.2 accept full responsibility for all data, files, and other information you possess, send, or receive, and make sure you have enough backup copies on hand at all times;

17.1.3 must not engage in any harassment, ‘electronic stalking,’ or’spam,’ whether through e-mail or newsgroups;

17.1.4 must respect and follow the conventions and rules that govern the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited commercial or other messages; and

17.1.5 acknowledge that, despite our best efforts, some content on this Site may contain material that you find inappropriate, offensive, inflammatory, or adult in nature, and that we do not condone such materials and disclaim any and all liability for their content.

17.2 We have no way of knowing if you have granted anyone access to your SwingSave account. As a result, you are solely liable for:

17.2.1 how and when you use your account with us; and

17.2.2 the activities of the people (if any) you authorize to access, transfer information through, or otherwise use the Services through this Site, our computer systems and network resources (whether or not you have given them your login and password details or not).

18. Commercial Uses of SwingSave Services

18.1 We cannot and will not be held liable for any commercial activities you may conduct as the owner of any goods or services that you have decided to sell or buy as part of a business or profit-making activity using this Site, our computer systems, network resources, or the Services. Specifically:

18.1.1 If you, or those you authorize to use your account, use this Site, our computer systems, network resources, or the Services in any way to support a business or other profit-making activity, you do so entirely at your own risk; and

18.1.2 Commercial uses of the Services include advertising, credit card payment channels, direct-debit facilities, and electronic registration forms, all of which you must bear all risk.

18.2 You must never resell, trade, or barter your rights to use the Services to another person or persons, nor allow any third party to use the Services.

19. Relying Upon SwingSave’s Services

19.1 Whether you use the Services for personal or business purposes, or both, the quality and availability of our services is determined by a variety of circumstances over which we have no control and cannot seek to exert control. While we will make every effort to provide continuous access, in such an operational environment, disruptions and failures of this Site, any or all computer systems, network resources, and the Services are likely. Recognizing this, you agree to the following:

19.1.1 we cannot and do not guarantee, warrant or otherwise imply that:

19.1.1.1 You will have unrestricted access to this Site or the Services; or

19.1.1.2 At any time, you will have unlimited access to all of the content available on the Site;

19.1.2 We cannot always guarantee that this Site, its computer systems, and network resources will be fully or continuously protected from unauthorized access by others, including viruses infecting data or other information, or data or other information being altered, misused, or stolen, or that any of these activities will be detected.

20. Disclaimer and Limitation of Liability

20.1 You agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered by any person, however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or inability to use or access this Site.

20.1.1 any failure or error in the operation of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or any of those computer systems or network resources being taken offline for any reason;

20.1.2 any conditions that cause or result in a degradation, fall-off, or total severance of access to this Site or network resources, or any other computer systems or network resources to which they may be connected;

20.1.3 In the case of an auction on this Site, bids were not processed or accepted owing to technical difficulties or any other reason;

20.1.4 whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was incurred in the course of a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, or commercial enterprise, including

20.1.5 any personal losses or hardships, tension and worry, nervous shock, or any other form of personal suffering or condition;

20.1.6 any errors or omissions in any of our documentation or other literature, any errors or omissions in any data on this Site, or any breach of contract or carelessness on our part, our employees, agents, or authorised representatives;

20.1.7 any reliance on, or any information or material contained on, or the privacy of, web sites linked to this Site, or any information or material contained on, this Site about any goods and services or any other information or material whatever;

20.1.8 any one or more of the circumstances described in Clauses 1.1, 1.3 and 1.4, 7.2, 13.3, 13.4, 17.2, 18.1 or 19.1;

20.1.9 any feedback, comments, or rating scores submitted by or about you in accordance with the Rating Systems Rules;

20.1.10 any action we take under this Agreement, including but not limited to actions taken under Clauses 12.1 to 12.4 (inclusive); or

20.1.11 any activity, act, or omission on the part of our employees, agents, or authorised representatives, whether negligent, reckless, or otherwise, and whether or not within any actual, ostensible, or apparent authority.

20.1.12 any decision to conduct or not conduct an investigation into an alleged breach by one of the users.

20.2 Except as specifically stated in this Agreement, all terms, conditions, warranties, or representations, whether express, implied, statutory, common law, or otherwise, relating to the Services or anything in these terms and conditions are excluded to the fullest extent permitted by law.

20.3 If any legislation or law implies any term or warranty in this Agreement and also prohibits provisions in a contract excluding the application or exercise of that term or warranty, our liability for a breach of that term or warranty will be limited, at our discretion, to one or more of the following:

20.3.1 if the breach relates to goods:

20.3.1.1 the replacement of the goods or the supply of equivalent goods;

20.3.1.2 the repair of such goods;

20.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

20.3.1.4 the payment of the cost of replacing the goods repaired; and

20.3.2 if the breach relates to services:

20.3.2.1 the supplying of the services again; or

20.3.2.2 the payment of the cost of having the services supplied again.

20.4 Notwithstanding anything else in this Agreement if an Indemnified Party is liable to you, whether in respect of negligence or other delict, breach of contract or warranty, breach of statute or statutory duty, equity or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this Agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12 month period commencing on the execution of this Agreement or the anniversary thereof shall be R100.

21. Release and Indemnity

21.1 You agree to release and indemnify each Indemnified Party from any claims, losses, liabilities, actions, demands, procedures, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or arising out of, the following:

21.1.1 your access to and use of the Services;

21.1.2 as a result of utilizing the Services, your offering for sale and sale of, and/or your bidding for and purchase of, any products and services;

21.1.3 the reproduction, broadcast, transmission, communication, or making available by us or other users (other than you) of any information or data (including credit card details) made available through the Services;

21.1.4 any one or more of the events listed in Clause 20.1;

21.1.5 any alleged violation of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) resulting from a communication, broadcast, or transmission made available over the Services; or

21.1.6 any claim by a third party arising out of or in connection with any temporary or permanent stoppage of the provision of the Services in accordance with this Agreement.

21.2 The indemnity under Clause 21.1 does not extend to:

21.2.1 Expenses that we have incurred that are excessive; or

21.2.2 Any losses we incur as a result of this Agreement proving to be unprofitable.

22. Disputes

22.1 Before commencing any proceedings, you and SwingSave must follow the procedure for settling any disagreement in connection with or arising out of this Agreement, as set forth in this Clause 21. (except proceedings seeking urgent interlocutory relief).

22.2 The procedure for resolving a dispute is as follows set out by the TradeSafe agreement:

The Platform incorporates an embedded dispute resolution mechanism.

Buyers may initiate a dispute on the Platform should the goods or services they receive be materially different to what was set forth in the Trade and supporting paraphernalia.

Any dispute between the Users in relation to a transaction is between the Users. TradeSafe will not get involved beyond its obligations under the Trade. TradeSafe may offer assistance or facilitate the resolution of a dispute between Users if a dispute between Users arises but is under no obligation to do so.

The Parties hereby agree to use their best efforts to negotiate in good faith during the dispute to reach a resolution which is satisfactory for all parties.

If a User notifies TradeSafe of a dispute relating to a Trade, TradeSafe will immediately freeze the Trade. TradeSafe will only unfreeze the trade if:

• • The Parties indicate on the Platform that the dispute has been settled;

• • It receives an order from an arbitrator; or

• • It receives an order from an appropriate court of law or similar legal body.

If a dispute is declared, the Buyer and Seller will have 10 (ten) days to resolve the dispute between themselves. If they cannot resolve the dispute within this 10-day period, TradeSafe will refer them to:

• • the SCC, if the dispute is declared by an individual (not a juristic person) and the value of the dispute is R20,000.00 (twenty thousand Rand) or less; or

• • arbitration, if the dispute is declared by a juristic person or the value dispute is more than R20,000.00 (twenty thousand Rand).

You can view the full Tradesafe Terms & Conditions here.

22.3 You will be responsible for all costs incurred by us in the enforcement of any rights we have under this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale, as well as costs of counsel as on brief, whether incurred prior to or during the institution of legal proceedings or if judgment has been granted in connection with the satisfaction or enforcement of such judgement against you.

23. Entire Agreement

23.1 This Agreement constitutes the whole agreement between you and SwingSave, subject to you also finalizing the Tradesafe User Agreement and using the sms facility.

23.2 If this Agreement and the SMS Agreement conflict, the contents of this Agreement will take precedence.

23.3 Unless the context otherwise indicates, this Agreement supersedes any previous agreements between the parties. In the event of a conflict between this Agreement and any other agreement, the provisions of this Agreement will take precedence.

24. Remedies Cumulative

This Agreement’s rights and remedies are cumulative and do not preclude any other rights or remedies allowed by law. On our website, a notification relating to revisions, variations, or updates to this Agreement will be posted. It is your responsibility to become acquainted with and comprehend the revisions, variations, or updates. You are deemed to have accepted the amendment, variation, or update as binding on you if you continue to use our services.

25. Relationship Of Parties

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venturer of another party.

26. Further Assurances

To give effect to any of the transactions contemplated by this Agreement, a party shall take all such steps, execute all such documents, and perform all such acts and things as may be reasonably requested by another party.

27. Non-Waiver

Except as expressly stated in this Agreement, neither a party’s failure to enforce any of the provisions of this Agreement at any time, nor the grant of any time or other indulgence, shall be construed as a waiver of that provision or of that party’s right to enforce that or any other provision in the future.

28. Governing Law

28.1 This Agreement will be governed by the laws of the Republic of South Africa, and each party irrevocably submits to the nonexclusive jurisdiction of the Republic of South Africa’s courts in any legal action, suit, or proceeding arising out of or relating to this Agreement.

Regardless of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court, the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court, and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court.

29. Notices

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of serving any legal process and for any other purpose deriving from this Agreement at the addresses, e-mail, and fax numbers provided in your application for registration on this site.

Any notice to be served by either party to the other must be in writing and sent to the relevant party to this agreement at its respective address as specified on the application for registration on this Site and, in the case of SwingSave, 12 Drienie street, Eldoraigne, 0157, and in the case of mail, three (3) business days after the date of mailing.

It will be declared served if no reply email stating that the email cannot be delivered is received in the case of a facsimile, and it will be presumed served in the case of email if no return email claiming that the email cannot be sent is received in the case of email. If a notice is delivered by hand and documentation is provided, the notice will be considered delivered on the actual date and time of delivery.