Survivor South Africa: Online Auction
By completing the online bidding form and by bidding on any Item on the Survivor South Africa online auction, you agree to these terms and conditions, the Buyer Agreement below and M-Net's website terms and conditions, which can be viewed on http://www.mnetcorporate.co.za/legal/terms/.
This document contains the terms and conditions for Survivor South Africa online auction and the Buyer Agreement between you and us. We reserve the right to amend this document at any time in our discretion and will post the amended document on our Site.
You must know, understand and comply with these terms and conditions and the Buyer Agreement. Together they are a binding agreement between you and us.
Important clauses which may limit our responsibility or involve some risk for you may be in bold and italics. You must pay special attention to these clauses.
In this document, the following expressions, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings:
• "Auction End Date" means 08:00 on 21 April 2010;
• "Contestant" means a person participating in the Survivor South Africa Competition;
• "Day" means any day of the week, including, Saturdays, Sundays and any public holiday in the Republic of South Africa;
• "Item" means a personal item of a Contestant;
• "Services" means the online auction services provided by M-Net by which a person, firm or company may buy Items on this Site;
• "Site" means the Internet web site by which M-Net offers the Services from time to time, currently www.mnet.co.za/survivor;
• "Survivor South Africa Competition" means the television production entitled “Survivor South Africa Santa Carolina”;
• "we", "our", "us", "ourselves" and "M-Net" are used interchangeably in this document and all mean Electronic Media Network (Pty) Ltd;
• "Winning Bidder" means the successful bidder who has placed the highest bid in respect of each Item that is included for sale by way of the Services; and
• "you" or "your" means the bidder.
TERMS AND CONDITIONS OF THE ONLINE AUCTION
• You have to be 18 years or older to bid on any item on auction.
• Contestants will each give M-Net an Item to be auctioned by M-Net on the Survivor South Africa online auction. The Items will become available for the online auction upon a Contestant's elimination from the Survivor South Africa Competition and will remain available for sale by way of auction until the Auction End Date.
• Each Item will be available for sale by way of auction on an individual basis.
• The Winning Bidder will be contacted by M-Net’s publicity department after the Auction End Date.
• The Winning Bidders in respect of each Item must complete the sale transaction within 14 Days from the Auction End Date.
• The Winning Bidder will have to pay the money into the bank account number emailed to him by the representative from M-Net’s publicity department. M-Net will transmit such details to the Winning Bidder on an official M-Net letterhead.
• All bids are VAT inclusive and the money received from the sale of the Item provided by the Contestant will go to the charity chosen by the Contestant.
• Proof of payment must be forwarded by email or telefax by the Winning Bidder to M-Net's publicity department.
• Each Item will be couriered to the Winning Bidder within two weeks after the sale had been concluded, provided that M-Net has received payment in full for the Item.
• The Winning Bidder will receive a certificate of authenticity as well as a signed photograph of the Contestant to whom the Item belonged.
• The remaining time period during which bidders may bid on Items until the Auction End Date will be described in hours, minutes and seconds ("remaining auction period") Your bid will be recorded as your final bid when the remaining auction period is zero on the Auction End Date.
• We will publish the highest received bids for each Item on the Site on a weekly basis.
• Notwithstanding that a Winning Bidder may have been notified that his/her bid is the highest amount, we may, at our sole discretion, choose to withdraw and not proceed with completion of the sale of an Item in circumstances including (but not limited to) where:
a) You have not been contacted directly by the M-Net publicity department to confirm you are the Winning Bidder; or
b) If the Winning Bidder fails to make payment of the final amount into a bank account nominated by us or by credit card within 14 working days of the Auction end date.
• If payment is not received, the second highest bidder will be contacted and the same process, as described above will commence from the date of contact.
• We reserve the following rights (which may be exercised by M-Net without giving any reason)
- To withdraw any Item or Items from auction
- To refuse to accept the bidding of any person or persons;
• This auction is subject to a reserve price (if any) for each Item as specified on the Site, which reserve price at our election may be applicable in respect of each Item or Items. If the highest bid does not reach the reserve price (if there is one), then M-Net may not, at its discretion, regard any bid as having been successful.
• Bids are not retractable except in exceptional circumstances such as a clear typographical error is made.
• You must not engage in a bid manipulation to unfairly induce any other person to make bids and/or manipulate the bid price.
Bidder's warranties
You agree and warrant to us that:
• you are 18 years or older;
• your information:
- is accurate and not false, misleading, deceptive or fraudulent;
- is made in compliance with all applicable laws, government regulations or guidelines;
- is not forged, threatening or offensive or otherwise constitutes harassment;
- does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
- does not contain any viruses, worms or other invidious programs or data, whether attached to or embedded in other programs or data or not;
• you have the legal capacity to purchase any Item/s that you bid for and will not otherwise be breaching any law in purchasing the Item/s;
• you will not bid for any Item/s on this Site unless you are able, and have sufficient, available capacity to pay for the Item/s;
• the purchase of any Item/s on this Site is absolutely at your own risk.
Delivery
All goods will be sent via a third party courier company and has to be signed for on delivery.
You can arrange your own freight and delivery if preferred, at your own cost.
Refunds
M-Net will deliver each Item to the Winning Bidder and thereafter, shall not be liable or responsible to the Winning Bidder in any manner whatsoever
Once the Winning Bidder has made payment into the bank account stipulated by M-Net, M-Net will not refund the Winning Bidder with his/her money in the event that the Winning Bidder changes his/her mind about the Item/s or for any reason whatsoever.
BUYER AGREEMENT
We reserve the right to amend this Buyer Agreement at any time in our discretion and will post the amended Buyer Agreement on our Site. Continued use by you of the Service following any amendment to this Buyer Agreement will constitute your acceptance of any amended Buyer Agreement.
Bidding and Buying - Obligation as a winning bidder
You are obligated to complete the transaction if you purchase an Item and are the Winning Bidder of the Item sold on the Site. . By bidding on an Item you agree to be bound by the conditions of sale included in the
• Item's description. For the avoidance of doubt, it is specifically recorded that if you are the highest bidder on the Auction End Date, you are obliged to buy the Item, save in exceptional circumstances.
Withdrawn from Sale
M-Net reserves the right to withdraw any Item from sale without notice, should we, in our sole discretion, determine that such action is necessary. In this event, we will not accept any liability or obligation to the Members.
Interference with Site
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any
content from our Site.
Processing and Technical Errors
In the event of errors in processing and/or site downtime or any other errors or delays caused to the site
as a result of unforeseen technical difficulties associated with our servers, data hosting centre, internet
service provider or any other reason, we reserve the right to:
decide (prior to, during or after the original time set for conclusion of the online auction) to extend an
online auction for a period of time (determined at our discretion); and/or,
decide (prior to, during or after the original time set for conclusion of the online auction) to re-open an
online auction for a period of time - to be determined at our discretion; and/or,
retract any Winning Bidders emails which may have been sent out to bidders prior to or following (as the
case may be) the conclusion of an online auction; and/or,
void that entire online auction transaction and open the auction again at the original start prices.
Our Liability To You
We are not responsible for bids not received, processed or accepted due to technical difficulties,
We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site
may be interfered with by numerous factors outside of our control.
You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times
the Service may not be available or bids placed at online auctions may not be processed or may not be
accepted for reasons beyond our control. In these circumstances we accept no responsibility and no liability which may arise in any manner whatsoever.
We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
We cannot guarantee the preservation of any record, particularly after the provision of the Service to you
has been suspended, cancelled or terminated and may delete information at our sole discretion and
without notice.
Privacy Statement
Your personal information is never disclosed to anyone without your prior consent. You can change your
Information at any time by accessing uses data & editing your user account in edit data. We have well-defined employee and partner practices that protect the integrity of and access to our user’s personal information. Please click here to view the Privacy Policy
|