This Birdsellers.co.za trading website belongs to and is administered by Birdsellers ('we', 'our, 'Birdsellers', ‘Birdsellers.co.za’,’www.Birdsellers.co.za’). These Terms of Use and Disclaimer and our Privacy Policy as amended from time to time ("agreement") govern your use of this website located at www.birdsellers.co.za ("this website").
This website is made available to you by us conditional upon your acceptance, without modification, of the terms of this agreement. Your access to and use of this website constitutes your agreement to and acceptance of this agreement. If you do not agree with any provision contained in this agreement, please do not use this website. In using this website you represent and warrant that you are of full legal age, are emancipated or have your guardian's consent and assistance and have the required legal capacity to enter into and be bound by this agreement. No term or provision contained in this agreement is to be interpreted or construed so as to exclude any rights granted to you by the Electronic Communications and Transactions Act 25 of 2002 or the Consumer Protection Act 68 of 2008. Your specific attention is drawn to the Website Disclaimer forming part of this agreement.
We reserve the right to unilaterally terminate this open ended agreement and this website without notice, subject to us informing you thereof if required by the prevailing law. We also reserve the right to unilaterally alter the conditions of this open ended agreement in accordance with the prevailing law. Any such amendments shall come into effect immediately and automatically. You agree to review this agreement whenever you visit this website for any such amendments.
We are committed to keeping your personal or private information confidential and secure.
We may, without notice, modify, suspend or discontinue this website; impose limits or conditions on the right to certain online services, features or functions; and restrict your access to parts of, or this entire website or any services on this website. This website may be unavailable from time to time due to routine maintenance or emergency repairs or because of the unavailability of any electricity, telecommunication system or networks.
This website is protected under the common law principle of copyright and the sole property of Birdsellers.co.za. All rights reserved. The content on this website, including all registered and unregistered trademarks, constitutes our intellectual property rights or intellectual property of third parties which are licensed to, used or held by us. You may not copy, reproduce, display or use any intellectual property in any manner whatsoever without our prior written permission and nothing contained on this website should be construed as granting any license or right of use of any intellectual property. You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise to this website or any other subsidiary pages without our prior written consent, which consent is at our sole discretion.
You should only use the most up-to-date Internet browser to access this website provided that where we specify hardware or software requirements on this website, only such specified hardware of software may be used. Your failure to do this may result in a security risk to you and cause some or all of the functionality of this website not to operate properly or at all. Software, if any, made available for download on or through this website may be governed by license conditions that establish a legal relationship with the licensor. You are solely responsible for identifying and familiarising yourself with and agreeing such terms and conditions which will govern your relationship with such third party licensor. You agree that we shall not be responsible or liable for any damage, damages or loss caused or alleged to be caused by or in connection with your interaction, correspondence or business dealings with such third party licensor and further, you indemnify us against any breach by you of these license conditions. We give no warranty and make no representation, whether expressly or implied, as to the quality or fitness for purpose of such software. You acknowledge that such third party is not our agent.
This application may not be used to discredit or in any way harm other user’s wrights. To ensure good order, a clear set of rules need to be applied by all users. These rules will be quoted below and may be change from time to time, as needed.
Birdsellers will act as a mediator in the transaction between a seller and a buyer, in exchange Birdsellers will charge a 5% administration fee on any successful transaction which will be payable by the seller.
Sellers must provide as much information as possible to prevent unnecessary questions.
Birdsellers provide a free service to registered users where they can advertise a wanted item.
Sellers must ensure all information is correct and unmistakable.
Sellers guaranties the information supplied. Both parties may expose themselves to bad critics and negative grading, for instance, if the buyer feels that the item bought is not as advertised or if a transaction was not completed by one of the involved parties.
Birdsellers.co.za will carry no risk and will not be held responsible for any loss or damage that may have resulted because of a transaction hosted by Birdsellers.co.za.
Potential buyers have the right to raise questions on this site that could clarify uncertainties on a specific entry. Questions are restricted to the entry and may not be aimed as a personal attack on the seller.
All transactions must be finalised within 7 (seven) days.
All parties involved must rate one another after the completion of a transaction.
At the end of the month, sellers will receive an electronic statement, with a settlement amount that must be paid within 30 (thirty) days. A seller that have failed to settle his/her account within 45 (forty five) days may face legal action and may be banned and blacklisted from this web site.
All potential registrants must use their own ID-numbers when registering.
Any complaints relating to this website must be directed to us by email to help@birdsellers.co.za. We will acknowledge receipt of your complaint and provide you with a reference number within 2 (two) business days of it being submitted to us. We will investigate your complaint thoroughly and provide you with a full response within 14 (fourteen) business days of it being submitted to us. If we have not resolved your complaint or query within 14 (fourteen) business days of it being submitted to us you can escalate your complaint or query to:
| Telephone: | +27 (83) 632 7325 |
| Email: | fklopper@birdsa.co.za |
A certificate signed by us or the administrator responsible for this website or part of this website, will constitute prima facie proof of the operation or functionality of this website and any online service or part thereof and the contents of any information displayed on this website on a given date; the date of publication and content of the current version and all previous versions of this agreement and our privacy policy.
You expressly give your consent for us to monitor, subject to prevailing law and our Privacy Policy, your internet and e-mail traffic on, or associated with, this website. You acknowledge that we may monitor internet and e-mail traffic on, or associated with, this website primarily to ensure that users and consumers are not acting illegally, unlawfully or in breach of this agreement; to maintain the integrity and security of this website and our information technology systems; to investigate and detect any unauthorized use of this website and our information technology systems; as an inherent part of and to secure the effective operation of this website and our information technology systems; and to improve the functionality of this website and our service offering to you. THE LAW GOVERNING OUR RELATIONSHIP of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of or in connection with this agreement.
The Promotion of Access to Information Act 2 of 2000 gives third parties the right to approach private bodies and the Government and request information held by them, which is needed in the exercise or protection of any rights. On request, the private body or Government is obliged to release such information unless the Access to Information Act expressly states that the record/s containing such information may or must not be released.
To the fullest extent permissible by law, we expressly disclaim all express and implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy in respect of this website and the services accessible on or through this website. While we take all reasonable precautions to prevent this, we do not warrant that this website or any software available for download through the website is free of viruses or destructive code.
We and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees, in whose favor this constitutes a stipulation for the benefit of another, shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees, in whose favor this constitutes a stipulation for the benefit of another, against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused, whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable, arising out of your use of this website or the online services or the information contained on this website or your inability to use this website or the online services.Without derogating from the generality of the above, we will not be liable for: any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for reasons beyond our control; any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects; any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which we have no direct control.
Notices and other documentation addressed to us concerning this website must be sent to the following address: Mr. L. Stoltz, P.O. Box 988, Lichtenburg, 2740. We may send you notices and other documentation to any of the addresses you have specified on any of your application registration forms with us or at the address you actually work or live.
No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of this agreement which we may show, grant or allow you or failure or delay by us to exercise any of our rights will operate as an estoppel against us or constitute a waiver of any such right. We shall not thereby be prejudiced or estopped from exercising any of our rights against you which may have arisen in the past or which might arise in the future. If any of these terms, conditions or provisions is held to be illegal, invalid, unlawful or unenforceable, the term, condition or provision will be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it were not written and deleted from this agreement without invalidating the remaining terms, conditions and provisions of this agreement.
