By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by MyBidMonster.com and its related and affiliated companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified on our Site. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership of MyBidMonster.com. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and MyBidMonster.com
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
2. Membership Eligibility.
Mybidmonster.com and its affiliates offer its services to its members. Membership is a privilege, not an entitlement, and Mybidmonster.com may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that Mybidmonster.com changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.
Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Mybidmonster.com account (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorized use of your account or UserID to us.
3. Fees and Services.
Joining, registration and creating an account on Mybidmonster.com or its affiliates and bidding on our Site is free and incurs no fees. Listing items on the Mybidmonster.com site is free. Selling items on our Site incurs final value fees. When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our services.
If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in South African Rand or in your currency of choice selected in the preference selection. You are responsible for paying all fees associated with using our services and on our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 60 days past due, deducting the amount owed from your PayPal account balance.)
4. MybidMonster.com and its affiliates are not Auctioneers.
It is important to realize that we are not a traditional "auctioneer". Instead, the Site merely acts as an online venue to allow members to communicate and offer, sell, and buy certain products at anytime, from anywhere, in a variety of pricing formats, including a fixed price or buy now format and an auction-style format commonly referred to as an "online auction" “forward auction” or “auctions”.
YOU ACKNOWLEDGE AND AGREE THAT Mybidmonster.com and all its affiliates are NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, MYBIDMONSTER.COM HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.
When you enter into a transaction you create a legally binding contract with another member. You are responsible for ensuring that you comply with your obligations to that other member. If you do not, you may become liable to him or her. You must ensure that you are aware of any laws relevant to you as a buyer or seller, or in any other uses you make of our Site. If another member breaches any obligation to you, you - not MybidMonster.com - are responsible for enforcing any rights that you may have.
Except as specifically advised otherwise on our Site, MybidMonster.com does not presently offer any form of insurance or other buyer or seller protection which will assist you, because our Site merely provides the online venue for members to offer, sell, and buy and we are not otherwise involved in the transactions and interactions between buyers and sellers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.
5. Safe Trading.
Because user identification on the Internet is difficult, MybidMonster.com cannot and does not confirm each member's purported identity. Thus, we have established a member-initiated feedback system to help you evaluate the member you choose to deal with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using the MyBidMonster.com escrow service or a third party escrow service that provide additional user verification.
6. General Release.
BECAUSE MYBIDMONSTER.COM IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND CERTIFIED MERCHANTS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE MyBidMonster.com (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
MybidMonster.com is not involved in the actual transaction between buyers and sellers and to the extent permitted by law MybidMonster.com specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction.
MybidMonster.com is not involved with or a party to any transactions that take place between members. MybidMonster.com does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a buyer or a seller (as the case may be) in any way arising out of or in any way connected with your transaction. MybidMonster.com may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against MybidMonster.com for any matter arising out of any MybidMonster.com transaction or otherwise in respect of this Agreement.
7. Information Control.
We send you communications and notices regarding your transactions and your account on our Site. They do not represent any endorsement, guarantee or legitimization of your transactions. You are responsible for completing all transactions you participate in (including monitoring their status and complying with all relevant legal obligations). Other members sometimes provide us with information about a transaction. We do not control, endorse or approve this information by making it available to you. You may find information posted by other members to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are risks in using our Site, including dealing with under age persons or people acting under false pretense. Additionally, there may be risks with international trading and dealing with foreign nationals.
8. Bidding and Buying.
By bidding on an item you agree with the seller to be bound by the conditions of sale included in the item's description, subject to any exceptions set out here, such as where the conditions of sale are in breach of this Agreement or unlawful. If you purchase an item through one of our fixed price formats or are the highest bidder on an item listed in auction format, you are obliged to complete the transaction with the seller, unless the item or transaction falls within the scope of a Non-Binding Bid, or is prohibited by law, by this Agreement or by our Policies. You cannot retract a bid except in exceptional circumstances. Subject to MybidMonster.com right to temporarily suspend, indefinitely suspend or terminate your membership within the terms of this Agreement or any of its Policies if you do not complete a transaction without lawful excuse you may be in breach of your obligations to both MybidMonster.com and the seller and you may be liable to each.
9. Listing and Selling.
Listing Description. You must be legally able to sell any item you list for sale on our Site. You must describe your item fully and accurately and include all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures, video and other content relevant to the sale of that item, including any information that you are required to provide by any applicable law. The listing and the content of the listing must be your own work, item, material or merchandise that you are legally entitled to use and sell. All listed items must be listed in an appropriate category.
10. Binding Bids.
If you are a seller and receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the item's completion, unless there is an exceptional circumstance, such as:
The buyer fails to meet the terms of your listing (such as payment method);
Or you cannot authenticate the buyer's identity.
Without limiting any other remedies available to MybidMonster.com at law, in equity or under this Agreement, MybidMonster.com may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site, and you will have no claim whatsoever against MybidMonster.com in respect of any such suspension or termination of your membership.
You must not, by any means, infringe the rights (including intellectual property rights) of others. Examples of prohibited conduct include listing or selling knock offs' and counterfeited, or pirated items regardless of how you describe them.
Neither you, nor any other bidders or sellers, may manipulate the price of any item or bid by, for example, conducting, encouraging or permitting certain activities (for example, shill bidding). You also must not, in any way, interfere with the listings of other members.
Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration, bidding or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the descriptions of items you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to MybidMonster.com or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by MybidMonster.com. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
be false, inaccurate or misleading or deceptive;
be fraudulent or involve the sale of counterfeit or stolen or pirated items;
Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
be defamatory, libelous, threatening or harassing;
be obscene or contain any material that, in MybidMonster.com sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature;
Contain any content that is prohibited or that, in MybidMonster.com’s sole and absolute discretion, may be prohibited content
Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of MybidMonster.com or its affiliates website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
Link directly or indirectly to or include descriptions of goods or services that:
Are prohibited under this Agreement;
Are concurrently listed for sale on a web site other than MybidMonster.com (this does not prevent linking to or advertising an MybidMonster.com item from another web site); or
You do not have a right to link to or include.
Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service), if the payment to us of the listing fee or the final value fee would be likely to cause us to violate any applicable law, statute, ordinance or regulation.
Mybidmonster.com and its affiliates grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
14. Access and Interference.
Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to MybidMonster.com by our members or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior written permission of MybidMonster.com or of the party authorized to grant such permission.
Feedback belongs to MybidMonster.com although we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to MybidMonster.com.
You acknowledge that your feedback consists of comments left by other members and a composite feedback number compiled by MybidMonster.com, and that the composite number without the comments does not convey your full user profile. Because feedback ratings belong to MybidMonster.com and are not designed for any purpose other than facilitating trading between MybidMonster.com members, you may not use your MybidMonster.com feedback (including, but not limited to, marketing or exporting your rating or feedback comments) in any real or virtual venue other than a website operated by MybidMonster.com or its related and affiliated companies
We do not provide the technical ability to allow you to import feedback from other websites to MybidMonster.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO MYBIDMONSTER.COM AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), DELAY LISTING YOUR ITEM, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE (INCLUDING BUT NOT LIMITED TO BUYING, SELLING AND CHATBOARD POSTING ACTIVITIES), TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
You have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
We are unable to verify or authenticate any information you provide to us;
we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
If we reasonably believe that any of Your Information (which includes an item listed on the Site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
20. No warranty.
To the extent that MybidMonster.com and all affiliates and related entities of MybidMonster.com are able to limit the remedies available under this Agreement, MybidMonster.com and all affiliates and related entities of MybidMonster.com expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at MybidMonster.com sole discretion):
a. in the case of goods, any one or more of the following:
1. The replacement of the goods or the supply of equivalent goods;
2. The repair of the goods;
3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. The payment of the cost of having the goods repaired; and
21. Liability limit.
MYBIDMONSTER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MYBIDMONSTER AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
23. Legal Compliance
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Laws of South Africa.
Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).
YOU ALONE, AND NOT MYBIDMONSTER.COM, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING, BIDDING AND SELLING AND ANY OTHER ACTIVITIES CONDUCTED ON OUR SITE ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
24. No Agency
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind MyBidMonster.com, its affiliates, employees, or related entities in any way whatsoever.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside South Africa, (by registered airmail) or by facsimile transmission to MyBidMonster.com, Unit 106, Liberty Building, Wolmarans Street, Braamfontein, Johannesburg, 2017, South Africa. Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to MyBidMonster.com during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 72 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, seven Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside South Africa, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a normal working day when government office are open for business in South Africa for general business, other than a Saturday, Sunday or public holiday.
26. Mediation and Dispute Resolution
We encourage you to try and resolve disputes with other members directly with them, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate. Any controversy or claim arising out of, or in connection with, this Agreement between MybidMonster.com and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party's election. You and MybidMonster.com agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute
27. Important Terms
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of MybidMonster.com, and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement and those listed below:
28. Further Notice.
Disputes between you and MyBidMonster.com regarding our services, complaints or suggestions should be reported to MyBidMonster.com
MyBidMonster.com grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services (other than the buying and selling of items in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, ratings or listings, or any data extraction or data mining whatsoever.
MyBidMonster.com, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.
If you believe that you have been defamed in some manner by the MyBidMonster.com Web site or your own work has been copied in a way that constitutes copyright infringement, please provide MyBidMonster.com with the following information in writing: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person defamed, along with your address, phone number, and email address; (b) a description of the defamatory material, or the copyrighted work that you believe has been infringed, and a description of where the material that you claim is defamatory or infringing your rights is located on the MyBidMonster.com Web site; (c) a statement by you that you have a bona fide, good faith belief that the defamatory activity has occurred or that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law; and (d) a statement that the information provided is accurate and that, under penalty of perjury, you are the allegedly defamed party or the copyright owner or authorized agent on the copyright owner's or allegedly defamed person's behalf.
32. Entire Agreement.
33. No Agency; Third-Party Beneficiary.
MyBidMonster.com is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of MybidMonster.com, its Certified Merchants and you.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
35. No Waiver.
MyBidMonster.com’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of MyBidMonster.com’s right to subsequently enforce such provision or any other provisions of this Agreement.
MyBidMonster.co.za ’s office is located at:
South Africa: Bidmonster Online Trading.
Regus Building, Perfect Transcriber Offices,
23 Wellington Road,
Other offices are located at different specific countries where we have interests. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.