Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to BADENHORST AUCTIONEERS’ use of cookies in accordance with the terms of BADENHORST AUCTIONEERS’ privacy policy.

License to use website

Unless otherwise stated, BADENHORST AUCTIONEERS and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or documents from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BADENHORST AUCTIONEERS’ express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without BADENHORST AUCTIONEERS’ express written consent.

Restricted access

Access to certain areas of this website is restricted. BADENHORST AUCTIONEERS reserve the right to restrict access to areas of this website, or indeed this entire website, at BADENHORST AUCTIONEERS’ discretion.

If BADENHORST AUCTIONEERS provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

BADENHORST AUCTIONEERS may disable your user ID and password in BADENHORST AUCTIONEERS’ sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to BADENHORST AUCTIONEERS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BADENHORST AUCTIONEERS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BADENHORST AUCTIONEERS or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BADENHORST AUCTIONEERS reserve the right to edit or remove any material submitted to this website, or stored on BADENHORST AUCTIONEERS’ servers, or hosted or published upon this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. BADENHORST AUCTIONEERS make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, BADENHORST AUCTIONEERS do not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.

Limitations of liability

BADENHORST AUCTIONEERS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BADENHORST AUCTIONEERS have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BADENHORST AUCTIONEERS’ liability in respect of any:

• death or personal injury caused by BADENHORST AUCTIONEERS’ negligence;
• fraud or fraudulent misrepresentation on the part of BADENHORST AUCTIONEERS; or
• matter which it would be illegal or unlawful for BADENHORST AUCTIONEERS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, BADENHORST AUCTIONEERS have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BADENHORST AUCTIONEERS’ officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BADENHORST AUCTIONEERS’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BADENHORST AUCTIONEERS.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify BADENHORST AUCTIONEERS and undertake to keep BADENHORST AUCTIONEERS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BADENHORST AUCTIONEERS to a third party in settlement of a claim or dispute on the advice of BADENHORST AUCTIONEERS’ legal advisers incurred or suffered by BADENHORST AUCTIONEERS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to BADENHORST AUCTIONEERS’ other rights under these terms and conditions, if you breach these terms and conditions in any way, BADENHORST AUCTIONEERS may take such action as BADENHORST AUCTIONEERS deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

BADENHORST AUCTIONEERS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

BADENHORST AUCTIONEERS may transfer, sub-contract or otherwise deal with BADENHORST AUCTIONEERS’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and BADENHORST AUCTIONEERS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Mpumalanga.

BADENHORST AUCTIONEERS’ details

The full name of BADENHORST AUCTIONEERS is PJ Badenhorst Afslaers (Pty) Ltd trading as Badenhorst Auctioneers

Reg No. 2004/015888/07

Vat No. 4360213815

34 Duggan Street, Belfast, Mpumalanga.
P O Box 421, Belfast 1100
Tel: (013) 253 0701
Fax: (013) 253 1668

info@badenhorstauctioneers.co.za

Your privacy is important to BADENHORST AUCTIONEERS. This privacy statement provides information about the personal information that BADENHORST AUCTIONEERS collects, and the ways in which BADENHORST AUCTIONEERS uses that personal information.

Personal information collection
BADENHORST AUCTIONEERS may collect and use the following kinds of personal information:

• information about your use of this website;
• information that you provide using for the purpose of registering with the website;
• information about transactions carried out over this website;
• information that you provide for the purpose of subscribing to the website services;
• any other information that you send to BADENHORST AUCTIONEERS.

Using personal information
BADENHORST AUCTIONEERS may use your personal information to:

• administer this website;
• personalise the website for your benefit;
• enable your access to and use of the website services;
• publish non sensitive information about you on the website;
• send to you products that you purchase;
• supply services to you that you purchase;
• send statements and invoices to you;
• collect payments from you; and
• send you marketing communications.

Where BADENHORST AUCTIONEERS discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, BADENHORST AUCTIONEERS may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

BADENHORST AUCTIONEERS will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

BADENHORST AUCTIONEERS will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that BADENHORST AUCTIONEERS collects may be stored and processed in and transferred between any of the countries in which BADENHORST AUCTIONEERS operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available internationally. You agree to such cross-border transfers of personal information.

Updating this Privacy Policy statement

BADENHORST AUCTIONEERS may update this privacy policy by posting a new version on this website.  It is advisable that you check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites.  BADENHORST AUCTIONEERS is not responsible for the privacy policies or practices of any third party.

Contact BADENHORST AUCTIONEERS

If you have any questions about this privacy policy or BADENHORST AUCTIONEERS’ treatment of your personal information, please contact:

• by email to info@badenhorstauctioneers.co.za; or
• by post to Badenhorst Auctioneers, PO Box 421, Belfast 1100.

What is spam?
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. BADENHORST AUCTIONEERS have a zero-tolerance spam policy.

Automated spam filtering

BADENHORST AUCTIONEERS’ messaging systems automatically scan all incoming email and social media messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by BADENHORST AUCTIONEERS’ systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means. You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. not HTML format), removing any attachments, and ensuring that your messages are scanned for malware before dispatching.

User spam

BADENHORST AUCTIONEERS provides a facility that enables users to send email messages / private messages to others. Users may not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes.

Receipt of unwanted messages from BADENHORST AUCTIONEERS

In the unlikely event that you receive any message from BADENHORST AUCTIONEERS or are sent using BADENHORST AUCTIONEERS’ systems that may be considered to be spam, please contact BADENHORST AUCTIONEERS using the details below and the matter will be investigated.

Changes to this anti-spam policy

BADENHORST AUCTIONEERS may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us
Should you have any questions about this anti-spam policy, please contact BADENHORST AUCTIONEERS using the details set out below: info@badenhorstauctioneers.co.za