Using OnSaleToday
While using OnSaleToday, you will not:
- post content or items in an inappropriate category or areas on our sites and services;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to OnSaleToday; post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- transfer your OnSaleToday account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm OnSaleToday, or the interests or property of OnSaleToday users;
- copy, modify, or distribute content from the Sites and OnSaleToday's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing OnSaleToday
OnSaleToday and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. OnSaleToday's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services
Joining OnSaleToday and bidding on or buying listed items is free. We do charge fees for transactions via OnSaleToday's built-in-Bank. When you list or purchase an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the OnSaleToday site. We may choose to temporarily change the fees for our services for promotional events (for example, free transaction days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in South African Rands - ZAR. Transaction fees will automatically be deducted from your OnSaleToday account when a transaction takes place
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes and only in connection with your OnSaleToday listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.Prohibited Items
Illegal merchandise.
Prohibited items include, but are not limited to the following:
- Drugs, liquors, prescription drugs and illegal substances.
- Adult photos, videos and anything affiliated with pornography or pornographic paraphernalia.
- Chemicals that may be explosive or harmful if ingested or used in any other way.
It is ILLEGAL to list the above items on OnSaleToday.co.za
You are legally prohibited from including links within your auctions to sites violating the above-mentioned rules. Items that are posted for bidding are subject to review by the staff of OnSaleToday.co.za, and may be removed without prior notice, if in violation with the agreement mentioned herein or if deemed offensive or libelous to OnSaleToday.co.za or it's users at OnSaleToday.co.za's sole discretion.Liability
You will not hold OnSaleToday responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites contains robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to OnSaleToday by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of OnSaleToday interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the OnSaleToday Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in South Africa that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the OnSaleToday Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement
Resolution of Disputes
If a dispute arises between you and OnSaleToday, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OnSaleToday agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Improperly Filed Claims
All claims you bring against OnSaleToday must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, OnSaleToday may recover attorneys' fees and costs up to R10,000, provided that OnSaleToday has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You may report complaints to:
Complaint Assistance Unit of the Division of Consumer Services by contacting them in writing, or by telephone.
OnSaleToday Inc.
517 Govan Mbeki Ave
North End, Port Elizabeth
South Africa
6000
Tel: +27 41 457 2129