Terms of Use

1. INTRODUCTION AND ACCEPTANCE

These Terms of Use (“Terms”) govern the relationship between Auction Operation (Pty) Ltd (“Auction Operation”, “we”, “us”, or “our”) and any person or entity who accesses or uses our auction platform, website, mobile applications, or related services (“you” or “the Buyer”).

By accessing, registering for, or using any part of the Auction Operation platform, including live or online auctions, you confirm that you have read, understood, and agree to be bound by these Terms, together with any applicable Conditions of Sale, Auction Rules, and Privacy Policy, each of which is incorporated by reference.

If you do not agree to these Terms, you must immediately discontinue use of the platform and services.

2. ELIGIBILITY TO USE THE PLATFORM

You may only use the Auction Operation platform if:

  • You are legally capable of entering into a binding contract under South African law;
  • You are not prohibited from participating in auctions under any applicable law or court order; and
  • You comply with these Terms and all applicable laws and regulations.

3. NATURE OF THE SERVICES

Auction Operation provides an online and/or live auction platform through which Buyers may:

  • Register for auctions;
  • Place bids;
  • Monitor auction activity; and
  • Access auction-related information and services

(collectively, the “Services”).

All purchases made through the platform are conducted directly between the Buyer and Auction Operation, subject to Auction Operation’s Conditions of Sale applicable to each auction.

4. AMENDMENTS AND TERMINATION

We may amend these Terms at any time by publishing the revised version on our platform. Continued use of the Services after publication constitutes acceptance of the updated Terms.

We reserve the right, at our sole discretion, to suspend or terminate your access to the Services at any time, with or without notice, where we reasonably believe you have breached these Terms or applicable law.

5. ACCOUNT REGISTRATION AND SECURITY

To access certain Services, you must register an account and provide accurate, current, and complete information.

You are solely responsible for:

  • Maintaining the confidentiality of your login credentials; and
  • All activity conducted through your account.

You must notify us immediately of any unauthorised access or suspected misuse of your account. Auction Operation will not be liable for any loss or damage arising from unauthorised account use.

6. PRIVACY AND DATA PROTECTION

Your personal information is processed in accordance with our Privacy Policy and applicable South African data protection legislation, including the Protection of Personal Information Act (POPIA).

By using the Services, you consent to the collection, use, storage, and processing of your personal information as described in the Privacy Policy.

7. INTELLECTUAL PROPERTY

All content made available on the platform, including text, graphics, logos, software, interfaces, and design elements (“Content”), is owned by or licensed to Auction Operation and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the platform and Content solely for personal, lawful auction participation.

You may not:

  • Copy, modify, distribute, or exploit any Content without prior written consent;
  • Reverse engineer or attempt to derive source code; or
  • Use the Content for commercial or competitive purposes.

8. PROHIBITED USES

You may not use the platform or Services to:

  • Engage in unlawful, fraudulent, or misleading conduct;
  • Impersonate another person or entity;
  • Interfere with the operation or security of the platform;
  • Upload malicious code or harmful material;
  • Harvest or misuse personal data of other users; or
  • Circumvent auction rules, bidding mechanisms, or payment processes.

We reserve the right to investigate and take appropriate action against violations.

9. WARRANTIES AND DISCLAIMERS

9.1 Buyer Warranties

You warrant that:

  • All information provided is accurate and lawful;
  • You are authorised to participate in auctions and make purchases; and
  • Your use of the Services does not breach any law or agreement.

9.2 Disclaimer

The platform, Services, and Content are provided “as is” and “as available”.

To the maximum extent permitted by law, Auction Operation disclaims all warranties, whether express or implied, including warranties of accuracy, merchantability, fitness for purpose, and uninterrupted availability.

All bidding, purchasing, and reliance on auction information is undertaken at your own risk.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Auction Operation shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities, arising from your use of the platform or participation in auctions.

Our total aggregate liability to you for any claim arising out of these Terms shall not exceed the total fees paid by you to Auction Operation in the six (6) months preceding the claim.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Auction Operation, its directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms;
  • Your misuse of the platform or Services; or
  • Your violation of applicable laws or third-party rights.

12. ELECTRONIC COMMUNICATIONS

You consent to receiving all notices, agreements, and communications electronically. Electronic communications shall satisfy any legal requirement for written notice.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles.

Any dispute arising out of or in connection with these Terms shall be resolved by the courts of South Africa, and you consent to their jurisdiction.

14. GENERAL PROVISIONS

  • These Terms constitute the entire agreement between you and Auction Operation regarding use of the Services.
  • If any provision is found unenforceable, the remaining provisions shall remain in effect.
  • No waiver of any right shall constitute a waiver of any other right.
  • You may not assign your rights under these Terms without our prior written consent.

15. TERM AND TERMINATION

These Terms remain in force for as long as you access or use the Services. Provisions relating to liability, indemnity, intellectual property, and governing law shall survive termination.

16. ACCOUNT DELETION REQUESTS

Auction Operation is committed to giving users full control over their personal data. If you wish to delete your account and associated data, you may submit a request at any time by sending our team an email below:

  • Email: registrations@auctionoperation.co.za
  • In-App: Login > Open Menu > Delete Account

This applies to all users of the Auction Operation platform, including those accessing our service via iOS, Android, or any other means.

Upon receiving your request, we will:

  1. Verify your identity to protect your account.
  2. Process the deletion within [90] days.
  3. Permanently remove your personal data from our systems, except where retention is required by law.

Please note that account deletion is irreversible. Any active bids, listings, or transaction history associated with your account will also be removed.

For questions about your data, please contact us at registrations@auctionoperation.co.za.