Terms and Conditions of Use
This document sets out the terms and conditions of use for the Website of Liquidity Services South Africa. It sets out your rights and obligations and those of Liquidity Services SA in relation to your access to the Website; your use of the Website; any communications sent to you via the Website, or from or on behalf of Liquidity Services SA; all information, products, software, services, features and materials contained on or offered in conjunction with the Website.
By accessing the Website you accept without limitation the terms and conditions in this Agreement.
We may, at our discretion, vary or amend from time to time this Agreement. All such amendments or variations will be effective immediately upon posting of such amended or varied document on the Website or once such amendment or variation is otherwise notified to you. The amendment or variation shall apply to your use of the website and to any services offered to you upon such posting or notification.
Except as provided for in the preceding paragraph this Agreement may otherwise not be amended or varied except in writing signed by both parties.
3. The Website
Anyone who accesses the Website is a user (a “user”). Users are free to contact us using the email addresses shown on the Website or the Online Contact Form. As a user, you will be able to access material on all areas of the Website.
3.2 Contacting Us
3.3 User Information
By submitting an email or communicating with us you warrant that all the information submitted to us (“user Information”) is true and accurate in all respects and you have the authority and capacity to complete the email from the website or communicate with us. You agree to notify us immediately in writing of any changes in user Information. You are solely responsible for the user Information.
If you provide us with an email address that will result in any emails we may send you being sent to you via a computer network operated by or on behalf of your employer (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may refrain from sending you any emails to such address without notifying you, even if you have asked to receive them, if we receive a request from your employer to stop sending emails to that address.
3.4 System Integrity
You undertake to us that you will not use and that you will not permit the use of use any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Website. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure.
The Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Website without our prior written consent.
4. Use of the Website and associated email newsletters and alerts
We, in our sole discretion, may add, delete or change some or the entire Website at any time. The content contained in the Website is presented for informative purposes only.
4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Website including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of Liquidity Services SA and/or its licensors, and are protected by copyright trademark and other laws.
You agree not to modify, copy, reproduce, re-publish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Website or create in any way content and/or derivative works based on the content of the Website or the Website itself or services provided by, or on behalf of Liquidity Services SA in whole or in part without our prior written consent.
Services offered on the Website are available only to persons companies or other corporate bodies who are capable of forming valid legally binding contracts under their domestic governing law.
6. Updates by Email
In the future, we may give you the option to subscribe to our email service (“Updates by Email) which will update you on events organised by Liquidity Services SA on other events, adverts, news or articles which we consider to be of interest to you. Your use of the content received through the email information service will be subject to these Terms outlined in 4. Use of the Website and associated email newsletters and alerts.
8.1 Termination of this Agreement
We reserve the right to terminate this Agreement forthwith if you are or appear to be in breach of any of the provisions of this Agreement, including the provision of false registration details or other misuse of the services offered through this Website.
Either party may terminate this Agreement with or without cause by providing 30 days advance written notice to the other.
You agree to pay, indemnify, and hold Liquidity Services SA (and its directors, officers, employees and agents) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:
(1) any breach of this Agreement by you;
(2) any third party claim action or allegation brought against Liquidity Services SA arising out of in relation to a dispute between users or in relation to your use or misuse of the Website;
(3) any action taken by Liquidity Services SA under your instructions in relation to the use of the Website. 8.3 Disclaimer of Warranties
Your use of the Website and any services offered on or in connection with your use of the Website is at your sole risk. Services provided with the Website are provided on an “as is” and “as available” basis. We to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty that:
(1) the service will meet your requirements;
(2) the service will be uninterrupted, timely, secure or error free; or
(3) the quality of any services information or other material obtained by you through your use of the Website will meet your expectations.
If your use of the Website will require your replacing equipment or data you will be responsible for the costs of such replacement.
Your use of the Website and services offered in connection with the Website is at your own risk. If you are dissatisfied with any part of the Website offered through the Website or with this Agreement or any other rules or policies your sole remedy is to discontinue use of the Website.
8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Website), indirect incidental, special, consequential or exemplary damages including but not limited to, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:
(1) the use or the inability to use the Website or any service provided in connection with the Website;
(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Website.