Last updated: May 3, 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://soutkloofgame.co.za website (the “Service”) operated by Soutkloof Game (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Terms of Use

1.REGISTRATION

1.1. Once you have accepted these Terms and Conditions you may apply online to become a registered user. We will decide whether to approve your application to become a user or not, within our own sole and unfettered discretion. We will within a reasonable period after approval of your application, provide you with a username and password in order to login for access to the services offered via the Site. For us to consider your application to become a user, you must provide all the required information for the specific type’s of User (as set out hereunder) that you want to registered for.

1.2. You can register as a member with the option to bid.

1.3. If you register as a member, you will be required to provide information on with regard to your business or entity you trade with first and then create a user and link to your business entity. A business can have two registered users linked to it.

1.4. We will provide you with services once you have successfully registered.

1.5. You must warrant that all details provided by you upon registration or at any time are true and correct, and you must undertake to inform us of any changes therein.

1.6. You must agree to accept liability and responsibility for all activities that occur and transactions that are entered into using your username and password; and undertake:

1.6.1. To accept responsibility for maintaining the confidentiality of the username and password issued to you;

1.6.2. To log out at the end of each protected session, and

1.6.3. To restrict access to your device during logged-in sessions; and

1.6.4. To notify Soutkloof immediately upon the breach of the confidentiality of your username and password.

1.7. Upon reasonable belief by us that your username and/or password have been compromised, we may require you to change your password, or we may suspend your access or use of the Site pending remedial action

2. AVAILABILITY OF SITE AND SERVICES

2.1. You must agree to provide all necessary equipment, network connections, and software to access this Site.

2.2. Soutkloof aims to offer you the best merchandise possible but makes no warranty that access to and use of the Site, contents, and any merchandise offered thereby will meet your requirements, and cannot guarantee that the service will be fault-free

2.3. If you experience a faulty service, please report it to us. In such event, Soutkloof Game will attempt to remedy the fault as soon as it reasonably can.

2.4. Your access to Soutkloof website may from time to time be restricted to allow for repairs, maintenance and the introduction of new merchandise. In such an event, Soutkloof will attempt to restore service as soon as it reasonably can.

2.5. We reserve the right in our sole discretion to add to, amend or withdraw from availability, any or all of the merchandise without notice. Provision of existing merchandise shall be governed by the Terms and Conditions of this agreement.

3. TRADING ON THIS SITE

3.1. Subject to the Terms and Conditions of this agreement, you are provided a revocable limited personal non-exclusive non-transferable non-commercial license to access and use the Site and the content for the duration of this agreement. Under no circumstances are you entitled to sub-license access to and/or use of the Site or the content.

3.2. If you disobey these Terms and Conditions, then this agreement will automatically terminate, upon which you may not access, use, copy, transmit, distribute, or communicate at or via the Site or the content.

4. THE AUCTIONEER:

4.1 This Auction is presented by Soutkloof (Hereinafter “The Auctioneer”) and conducted through the website www.soutkloofgame.co.za with business premises situated Soutkloof Farm, Piketberg. All game and or livestock (hereinafter referred to as “assets”) are sold by Soutkloof.

5. THE AUCTION:

5.1. The Auction is conducted under these Terms and Conditions of Auction and applicable South African law. Announcements and corrections on the website of Soutkloof and those made through the Terms and Conditions of Auctions appearing on www.soutkloofgame.co.za supersede those in any printed catalog/document. The rules of this auction shall also comply with the provisions of Section 45 and all relevant regulations to the Consumer Protection Act 68 of 2008. For greater clarity Section 45(1-4) states as follows:

5.1.1. In this section, “auction” includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.

5.1.2. When goods are put up for sale by auction, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.

5.1.3. A sale by auction is complete when THE AUCTIONEER announces its completion by the fall of the hammer, in this case at the closing of the auction period as determined by Soutkloof.

5.2. Until the conclusion of the auction as contemplated in Section 45(3) of the Act, any bid may be retracted or declined by Soutkloof if not compliant with the regulations of the Consumer Protection Act.

6. QUALIFYING TO BID:

6.1. Any person participating or registering for the Auction agrees to be bound by and accepts these Terms and Conditions of Auction (“Bidder(s)”).

6.2. All Bidders must qualify in terms of Soutkloof’s criteria for bidding. Any Bidder who is not a client in good standing in the discretion of the Auctioneer may be disqualified or may be refused to register for the auction. This decision is at the Auctioneer’s sole and unlimited discretion which may be exercised at any time prior to or during the Auction. The Auctioneer reserves the right to exclude any person from the auction

6.3. Credit checks:

6.3.1. Bids will only be accepted from buyers registered for an auction through the Internet registration process. Bidders who are not past clients of Soutkloof or affiliates may be requested to provide information for a credit check that includes a request for providing full bank account details together with a written consent addressed to their Bank [in favour of Soutkloof] to view the balance therein so that a credit check may be performed prior to Auctioneer’s acceptance of a bid.

6.3.2. FICA registration is required at registration and the Auctioneer will require specific information from every registered buyer to comply with legislation.

6.4. Bidders are responsible to comply with legislation and regulations as prescribed by their local conservation authority. It is the bidder’s responsibility to ensure that his property qualifies for prerequisites pertaining to the animals in the lot with specific reference to exemption permits or where applicable a TOPS permit or WR registration certificate and that a permit will be issued by the Department of Environmental Affairs. Buyers will be liable for full payments despite refusal of permits or delayed issue of permits.

6.5. Auctioneer reserves the right to refuse to honour any bid or to limit the amount of any bid, in his sole discretion. A bid is considered not made in “Good Faith” when made by an insolvent or incompetent person, a person under the age of eighteen, or if the bidder is not supported by satisfactory credit references, or otherwise. Regardless of the disclosure of his/her identity, any bid by a consignor or his/her agent on a lot consigned by him/her is deemed to be made in “Good Faith.”

7. BIDDING:

7.1. All items are to be purchased to take the lot as numerically indicated and no lots will be divided into smaller groups or individual animals. Bidding is always per animal in the lot to take the whole lot or package.

7.2. Auctions are conducted solely via Soutkloof website.

7.3. A function on the website requesting the system to bid on behalf of the bidder may be available in future and once selected can only be reversed by the bidder when he informs the administrator of the website in person via email, fax or telephonically of the cancellation of automatic bidding on his behalf.

7.4. If an entity places a bid, then the person executing the bid on behalf of the entity agrees to personally guarantee payment for any successful bid.

7.5. Bidding Options:

7.5.1. Bid via Soutkloof webiste – You can bid online using our auction programme. Every lot is listed with full descriptions and quality images.

7.6. The Auctioneer shall not be responsible for errors made in bidding by bidders. Bidders take full responsibility for reading and understanding the lot details and it follows therefore that every bid is binding and cannot be withdrawn once entered. When identical bids are received, preference is given to the first bid received.

7.7. Bid increments are specified for each lot and is the lowest increment amount you may bid on for a particular lot. Bids greater than one increment over the current bid can be a multiple of the increment. Bids will be accepted in whole South African Rand amounts only. No “buy out” or “unlimited” bids will be accepted.

7.8. Any bid made does not include VAT, which, where applicable, will be added to the bidding price for which a VAT invoice will be issued. If no VAT is applicable, it will be specified on the lot information.

7.9. Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction.

8. INFORMATION PROVIDED OF LOTS:

8.1. All registered bidders have a right of inspection of all goods put up for sale and the seller shall provide reasonable time and access prior to the start of the auction for such an inspection during an open day on the SELLER’s property.

NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR any advertising publication. Any description of the items contained in this Auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer. Colour variations may occur in any electronic or printed imaging, and this shall not constitute grounds for the misrepresentation of any lot.

9. RESERVED OR UPSET PRICES:

9.1. Lots are subject to a reserved or upset price. The auction is not an absolute auction but will be subject to reserved prices settled by Soutkloof. At closing of the auction, the system will indicate whether the reserve price was met by the bidder or not. If the reserve price was not met, Soutkloof will decide to conclude the sale or not. The decision by Soutkloof will be final.

9.2. The starting / opening bid amount is not necessarily the reserve amount on the Lot.

9.3. IF THE HAMMER PRICE DOES NOT MEET THE “Minimum Bid”, THE LOT WILL BE DEEMED “NOT SOLD” BY SOUTKLOOF.

10. CLOSING OF THE BIDDING/FALL OF HAMMER:

10.1. The highest qualified Bidder recognized by Soutkloof shall be the Buyer. In the event of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between any Bidders at an Auction, Soutkloof may at his sole discretion re-offer the lot. Soutkloof’s decision and declaration of the winning Bidder shall be final and binding upon all Bidders. Although a closing time for the auction is clearly indicated, bids received on lots within the last ten minutes of the auction will extend the auction by another ten minutes from the time the last bid was received. This process of extension of the auction lot closing time will continue until no bids are received in ten minutes prior whereby the highest bidder will win the lot.

10.2. Due to possible technical errors / no service or system downtime (for which Soutkloof is responsible), during which Bidders cannot participate or place bids, Soutkloof, at its sole discretion may extend bidding for the Auction. Registered bidders unable to place Bids on the Internet are directed to contact Soutkloof immediately.

11. PAYMENTS OF BUYER:

11.1. All sales are strictly paid in South African Rand. Only Electronic Fund Transfers are accepted. All are subject to clearing and funds being received in Soutkloof’s account before capture or delivery of the merchandise may be arranged.

11.2. A 50% payment is due immediately upon closing of the Auction session and upon presentation of a statement by Soutkloof. Capture of game will only proceed after final payment and clearing of funds of the outstanding balance payable on the due date into the account of Soutkloof. In cases where the capture is undertaken on the day of the auction (live auction) or in the next 72hours after closing of the auction, the full amount is payable at closing of the auction.

11.3. Auctioneer reserves the right to follow up any unpaid invoice and recover any costs, commissions and other damages pertaining to the lot.

12. CAPTURE AND RISK TRANSFER:

12.1. Each lot shall immediately after the conclusion of sale be due for capture by Soutkloof according to the specified capture date on the lot. Once the lot is captured and loaded the risk will pass from Soutkloof to the purchaser who will at his own risk and cost remove the lots from Soutkloof custody. Removal of any assets or lots however will not be allowed until payment of the merchandise price by the purchaser.

12.2. Title shall not pass to the successful Bidder until all invoices are paid in full.

12.3. Onus rests solely on the buyer to provide adequate insurance coverage for transport and post-transport for the items prior to being transported.

12.4. All delivery and transportation charges will be borne by the successful Bidder. On all domestic transportation any risk of loss during delivery will be borne by the Bidder.

12.5. It shall be the responsibility of the successful Bidder to arrange pick-up and delivery through third-parties; as to such items Soutkloof shall have no liability from the time the animals are captured and inspected. Failure to pick-up or arrange transport on day of capture shall subject Lots to holding fees and moving charges. In the event the Lot is not removed within 14 days, the Lot may be offered for sale to recover any holding or moving fees.

13. NON-PAYMENTS AND CLAIMS:

13.1. Soutkloof reserves the right to rescind the sale in the event of non-payment, breach of a warranty, disputed ownership, Soutkloof clerical error or omission in exercising bids and reserves, or for any other reason and in Soutkloofs’ sole discretion.

13.2. In cases of non-payment, election to void a sale does not relieve the Bidder from their obligation to pay Auctioneer any fees and any other damages or expenses pertaining to the lot.

13.3. In the event that a Bidder’s payment is dishonoured upon presentation, Bidder shall pay the maximum statutory processing fee set by applicable law.

13.4. In the event where a successful Bidder fails to pay any amounts due, Auctioneer reserves the right to sell the lot(s) securing the invoice to any under-bidders in the Auction that the lot(s) appeared, or at subsequent private or public sale, or re-list the lot(s) in a future auction conducted by Soutkloof. A defaulting Bidder agrees to pay for the reasonable costs of resale, if consigned to an auction conducted by Auctioneer). The defaulting Bidder is liable to pay any difference between his total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot.

13.5. Soutkloof reserves the right to require payment in full in good funds before delivery of the merchandise.

13.6. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions of Auction, and specifically agrees to the dispute resolution provided herein. Consumer disputes shall be resolved through court litigation. Non-consumer dispute shall be determined in binding arbitration which arbitration replaces the right to go to court.

14. LIABILITY OF SOUTKLOOF:

14.1. No claims of any kind can be considered after the settlements have been made with the consignors. Any dispute after the settlement date is strictly between the Bidder and consignor without involvement or responsibility of Soutkloof.

14.2 These Terms & Conditions provide specific remedies for occurrences in the auction and delivery process. Where such remedies are afforded, they shall be interpreted strictly

15. FUTURE COSTS:

15.1. Boma Fees: Animals will be held in the bomas free of charge for up to and including 5 days after the date of the auction closed. Thereafter the fees detailed in Table 1 will be levied per head on a daily basis for the next 14 days. Thereafter the fees detailed in Table 2 will be levied per head on a daily basis. Prices exclude VAT. VAT is payable.

Table 1:
Zebra – R80 per day
Springbuck – R50 per day
Eland – R100 per day
Black Wildebeest – R50 per day
Bontebok – R50 per day

Table 2:
Zebra – R160 per day
Springbuck – R100 per day
Eland – R200 per day
Black Wildebeest – R100 per day
Bontebok – R100 per day

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Soutkloof Game and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Soutkloof Game.

Soutkloof Game has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Soutkloof Game shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.