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TERMS AND CONDITIONS OF & COMMERCIAL PROPERTY AUCTIONS

PLEASE READ THIS INFORMATION THOROUGHLY. YOUR USE OF THIS WEBSITE, AND/OR APPLICATIONS AND ANY OTHER DOCUMENTATION  AND/OR TECHNOLOGIES RELATING TO COMMERCIAL PROPERTY AUCTIONS AND/OR ANY OFFER PLACED WITH COMMERCIAL PROPERTY AUCTIONS, CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF.

The marketing and sale will be conducted by Commercial Property Auctions (hereinafter referred to as “CPAuctions”).  CPAuctions  shall include but not be limited to, any and all of its  employees, representatives, officers, agents and directors. These Terms and Conditions generally describe the sale of properties (individually, a “Property” and collectively, the “Properties”) owned by one or more selling entities (“Seller” herein shall include the selling entity and its parent company, subsidiaries, or affiliated companies). 

The Sellers of the Properties listed have instructed CPAuctions to sell by way of an anonymous or public offer system the listed Properties on CPAuctions auction portal in accordance with the Terms and Conditions set forth below. Terms and conditions may vary among the Properties in each sale, so please review the terms and conditions for each Property carefully. Prospective purchasers who register in accordance with the instructions below will be deemed “Users” during the sale. A User will be required to execute a Purchase Agreement in a form and with terms and provisions required by Seller (hereinafter referred to as the “Conditions of Sale”), which Conditions of Sale may incorporate many of these Terms and Conditions. The agreement incorporating the Conditions of Sale is posted on the Website with the Property listing and is not negotiable.

1. DEFINITIONS

  1. “Broker” means a User who registers as an agent and who represents a User who could potentially purchase a property.
  2. CPA” means the Consumer Protection Act, 68 of 2008 and can be accessed at http://www.info.gov.za/view/DownloadFileAction?id=99961, and shall include the Regulations;
  3. Expression of Interest” (“EOI”), means non-binding offer/s submitted by users;
  4. Final Binding Offer/s” (“FBO”), means binding offers submitted by users, which offers are binding on the users;
  5. FICA” means the Financial Intelligence Centre Act, 38 of 2002 and can be accessed at https://www.fic.gov.za/DownloadContent/LEGISLATION/ACTS/01.a38-01b.pdf;
  6. its” shall include “his” and “her”;
  7. “Minimum Price” means the minimum price at which the Seller is prepared to sell the Property;
  8. party” means the any one of the User, Purchaser, Seller or CPAuctions and shall include a combination thereof, “parties”;
  9. Property” means the immovable property listed for sale on the CPAuctions portal and shall include “Properties”;
  10. Purchaser” means the User whose offer has been accepted by the Seller and who may not necessarily be the highest monetary offeror;
  11. CPAuctions” means Commercial Property Auctions, including, without limitation, its agents, employees, representatives, officers and directors, acting as an agent for the Seller;
  12. Seller” means the seller of the Property and may include CPAuctions;
  13. User” means the user, juristic or natural, of the Website, including the person who places an offer for the Property, and includes the User and the Purchaser, where applicable;
  14. Portal” means www.commercialpropertyauctions.co.za and any application relating to Commercial Property Auctions;

2. IMPORTANT NOTICES

2.1 This document contains the standard Term and Conditions on which CPAuctions lists, on behalf of a Seller, the Property to the User for sale on the Portal.

2.2 This document constitutes the entire agreement between CPAuctions and the User relating to the subject matter hereof and will be binding between the parties for all current and future online sales of the Property, unless modified and/or amended by CPAuctions  The Seller will in addition to being bound to the contents of this document, be bound to CPAuctions' mandate entered into between CPAuctions and the Seller.

2.3 Nothing in this document must be understood to unlawfully restrict, limit or avoid any rights, obligations, as the case may be, created either of the User or the Purchaser or CPAuctions in the event and to the extent of the CPA applying. Where and to the extent that the CPA applies, the provisions of the CPA are to be read into the applicable clauses of these Terms and Conditions.

3. ASSENT TO TERMS AND CONDITIONS

3.1 The User, by its application for registration and subscription to the Website and the submission of electronic offers, warrants that it has read and understood all the terms and conditions contained in this document and agrees to be bound hereby.

3.2 The Seller, by authorising the listing of the Property on the Portal, warrants that it has read and understood all the terms and conditions contained in this document and, where applicable, agrees to be bound thereby.

4. INTRODUCTION AND COMPANY INFORMATION

4.1 CPAuctions is a subsidiary of iShack Digital Consultancy  (Registration Number:2005/030329/23) and is in the business of listing for sale and marketing on behalf of the Seller, from time to time, immovable property using an electronic internet-based and/or application based sale system.

4.2 Information about a particular property listed on the Portal is as provided by the Seller to CPAuctions and CPAuctions makes no representations or warranties with respect to the accuracy or completeness of any description. Where CPAuctions is the Seller of the property, CPAuctions confirms that they have not inspected the property. The responsibility for the information provided in the listing of the property on the Portal lies with the Seller.

4.3 CPAuctions director is Wayne Berger

4.4 A representative of CPAuctions can be contacted at 011 463 3596 or 082-850-8289

4.5 The Website is powered by and maintained by iShack Digital Consultancy

5. GENERAL

5.1 Unless otherwise specified herein, no other terms and conditions, whether express, tacit or implied, will apply. No alteration or variation of these Terms and Conditions shall be of any force or effect unless and until recorded in writing and approved by CPAuctions. All provisions and various clauses of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

5.2 These terms and conditions may be periodically modified and/or amended by CPAuctions at any time and in their sole discretion and it is the User’s and the Seller’s responsibility to ensure that they are familiar with the updated and/or amended terms. The User and the Seller’s continued use of the Portal signifies their acceptance of these Terms and Conditions and any updates and/or amendments hereof.

6. REGISTRATION

6.1 Registration is required in order for a User to gain access to the Website and there is no fee to register. Such registration must meet the requirements of Quoin and the Financial Intelligence Centre Act (hereinafter referred to as “FICA”) in respect of the verification of the identity of the User. 

6.2 Opt in on a per property basis is required in order for a User to gain access to the Due Diligence information and to place an offer on the property.

6.3 The User:

6.3.1 will complete, in full, the registration documents provided on the Portal;

6.3.2 warrants that the information provided by the User is in all respects true and correct;

6.3.3 will furnish CPAuctions with all and any supporting documentation as may be required by CPAuctions for FICA purposes or any other purpose which CPAuctions may in its sole and absolute discretion deem necessary;

6.3.4 acknowledges that the placing of an offer for any Property for sale on the Portal and any sale concluded as a result thereof (upon acceptance of an offer by the Seller) will give rise to a contractual relationship between the Seller and the Purchaser.

6.3.5 If represented by a Broker, must disclose the Broker representing the User on registration of the property;

6.3.6 who intends placing an offer on behalf of another must hold written authorisation to do so and both parties shall be required to comply with FICA. Where a party purports to place an offer on behalf of a company, close corporation or trust, such party must hold written authorisation from the entity it purports to represent on that entity’s letterhead accompanied by a certified copy of a resolution of that entity authorising the said party to offer on the entity’s behalf up to a particular price.

6.3.7 will, register as a subscriber to the Portal and such registration confirmation will be sent by email. At CPAuctions’ absolute and sole discretion and upon compliance with the requirements of clause 6.1 above, CPAuctions will within a reasonable period of time, provide the User with access to the Portal for the purposes of viewing information and placing an offer(s) for Property listed for sale on the Portal; agrees and consents to CPAuctions having access to and/or conducting credit reference checks in relation to the User;

6.4  CPAuctions shall be entitled in its sole discretion to deny application for registration and shall not be required to furnish the applicant with reasons therefore.  Only offers from registered Users will be considered. Where applicable, the amount of the initial deposit referred to in clause 7.2 below will be specified for each particular Property on the registration page for such Property.  CPAuctions shall in its sole discretion be entitled to request proof of sufficient additional funds before awarding registration to a potential User.

6.5 The Broker

6.5.1 will complete, in full, the registration documents provided on the Portal;

6.5.2 must hold a valid Fidelity Fund Certificate;

6.5.3 will agree to the co-operation agreement, T & C’s and NDA for each property;

6.5.4 will forward, by email, a signed copy of the co-operation agreement for each property to CPAuctions;

6.5.5 warrants that the information provided by the Broker is in all respects true and correct;

6.5.6 will furnish CPAuctions with all and any supporting documentation as may be required by CPAuctions;

6.5.7 acknowledges that recognition of the Broker representing a User and this relationship is only confirmed once the User has selected the Broker as their representative on registration of a property;

6.5.8 will inspect the property with the User they are representing;

6.5.9 acknowledges that no information on a property may be distributed to any party other than the User who has acknowledged online that he is represented by the broker;

7. DUE DILIGENCE

7.1 Each Property will have, prior to the sale date, due diligence documents available for viewing in a secure data vault on the Portal. A confidentiality agreement and terms and conditions specific to that property will be required to be acknowledged and agreed to by the User prior to entering the data vault. No User shall enter onto the premises or into the Property or contact any tenant of the Property without the prior written authorization of the Seller or CPAuctions. However, viewing the Property without entering onto the premises is permissible.

7.2 In order to obtain access to due diligence information and to place an offer on a Property, the User may be required, on a per Property basis, to make a refundable initial deposit before commencement of the sale either by way of a bank guaranteed cheque or Electronic Funds Transfer (hereinafter referred to as an “EFT”). The initial deposit required in any particular instance will be communicated to the User on the Portal. Unless otherwise specified, this initial deposit is payable into the trust account of CPAuctions,  which banking details are as follows:

Account Name: iShack Digital Consultancy                  

Bank: Nedbank

Branch: Melrose Arch

Branch Number: 196605

Account Number: 19 66 47 6426

Reference:   (please quote when making payment)

7.3 The initial deposit will only be considered as having been paid once it reflects in the nominated bank account. The initial deposit will be refunded, free of interest, within a reasonable time (not exceeding 10 (ten) days after the close of the sale) to the User upon completion of the sale in the event of the User not being the Purchaser. Unless otherwise specified in the T & C’s of the sale , where a User’s offer is accepted by the Seller in writing, the initial deposit will be applied towards the purchase price in terms of the Conditions of Sale, alternatively forfeited in terms of clause 9.14 below.

8. SUSPENSIVE CONDITIONS

8.1 Where this option is available, all Users are required to select, on the Portal, the suspensive conditions on which they wish to purchase the Property. The User must select the suspensive conditions applicable to the User for a particular sale before an offer is placed. If the User wishes to place offers free of suspensive conditions then the User must select this option on the Portal prior to making an offer.

8.2 Should the User not complete the section of the Portal advising CPAuctions of the suspensive conditions applicable before the sale begins then the User will not be entitled to place offers at the sale.

8.3 Unless otherwise specified, the User will be entitled to change any suspensive conditions selected in terms of clause 8.1 above during the course of the sale period.

9. PLACING ONLINE OFFERS

Minimum Price

9.1 CPAuctions conducts a closed online sale and all Properties have a Minimum Price. In the bidding stage, the starting offer is not necessarily the Minimum Price. In order to become the Purchaser of a Property, an offer must be accepted by the Seller (see “Subject to Confirmation” section below). Except where prohibited by law, during a live sale event (online or otherwise) CPAuctions may set the Minimum Price on any Property. The Seller may withdraw a Property at any time prior to the announcement of the completion of the sale by CPAuctions.

9.2 Save for an offer being placed during the Expression of Interest stage, any and all offers placed by the User are irrevocable and no offer may be withdrawn or amended once placed, save with the written consent of CPAuctions.

Placing an Offer

9.3 The property disposal methodology is agreed upfront with the seller. These take the form of either one or two stage processes, which may incorporate any of the following:

  1. Expression of Interest: Limited information is available to select users. You are able to submit non-binding Expressions of Interest;
  2. Final Binding offer: Full Due Diligence information is made available to selected users who have successfully registered and have been provided access to the confidential property information. Users submit Final Binding Offers online;
  3. Bidding Phase: Full Due Diligence information is made available to selected users who have successfully registered and been provided access to the confidential property information. Users place bids on the property.

9.4 The User authorization and log-in information, provided to a User upon successful registration on the property on the Portal, will be used by the User during the sale to place offers on Properties. To purchase a particular Property at a sale, the User must be acknowledged by CPAuctions to be the Purchaser (the User to whom CPAuctions acknowledges the Property as being “SOLD” to).

9.5 CPAuctions and/or the Seller are not obliged to accept an offer from any User and may accept a User to be the Purchaser based on what the Seller considers, in its sole and absolute discretion, to be the preferred offer.

9.6 CPAuctions may set monetary increments on the Portal for the bidding stage. The increments applicable to any sale will be specified on the Portal relating to that sale.

9.7 The User may make use of the auto-offer function on the Portal during the bidding stage, however CPAuctions will not be liable in any way whatsoever for any fault therein or error relating thereto as a result of the User’s use thereof. The User will be bound to any offer placed using the auto-offer function.  Unless otherwise agreed, in the event of, among other things, the Seller not accepting any offer made by the User then the Property may, at CPAuctions sole discretion, be re-sold.

9.8 To encourage competitive offers the bidding period may, at CPAuctions discretion, be extended by 15 minutes each time if an offer is placed within the last 10 minutes of the last offer received.

9.9 Once an extension of time has elapsed with no additional offers, then the sale will be closed.

9.10 Despite the provisions of clauses 9.8 and 9.9 above, CPAuctions will not be held liable in the instance where the competitive extension of time process does not take place and the sale closes, for whatsoever reason, at the initially allocated time. In such instance CPAuctions will have the sole discretion as whether to re-start the offer sale, reopen the sale or sell the Property to a User who placed an offer during the sale period.

9.11 Once the sale is completed, the User may be contacted by a representative of CPAuctions and sent, by e-mail, the Conditions of Sale and certain other documents for signature, unless otherwise directed by the Seller. The User is obliged to attend to signature of the Conditions of Sale within 24 (twenty-four) hours of receipt thereof. All offers will be presented to the Seller and the User will only become the Purchaser of the Property upon receipt of written confirmation from the Seller by way of the Seller’s signature on the Conditions of Sale. The Conditions of Sale will contain the exact terms and conditions of the sale. As between Purchaser and Seller, the Conditions of Sale read with these Terms and Conditions shall serve as the governing document for the sale of each Property. After execution by the Seller of the Conditions of Sale, the Purchaser will be contacted by CPAuctions or the Seller’s attorney, who will provide the Purchaser with certain additional information pertaining to the transfer process.

Subject to Confirmation

9.12 The User acknowledges and agrees that the User’s offer is subject to, and contingent upon, the approval of the purchase by the Seller, which shall be given or denied at the Seller’s sole discretion within seven (7) business days following the close of the sale. The Seller must, subject to all the Seller’s prior conditions being met, accept one of the offers placed by a User

Payment of Deposit and Remaining Balance

9.13 Unless otherwise specified, the Purchaser, once determined to be the Purchaser by the Seller, will be required to pay an amount equal to ten percent (10%) of the purchase price on any Property purchase (unless otherwise specified in the Conditions of Sale). The deposit, less the initial deposit, must be paid no later than twenty-four (24) hours following the signature of the Conditions of Sale by the Seller or as otherwise specified in the Conditions of Sale. All monies will be immediately deposited in the trust account of CPAuctions.   The balance of the purchase price, along with all other costs and/or fees, must be paid as prescribed in the Conditions of Sale.

9.14 Should the User fail to sign the Conditions of Sale within 24 (twenty-four) hours of written request to do so then, in addition to any other remedy which CPAuctions and/or the Seller may have in law or in terms of these Terms and Conditions and if the User is accepted to be the Purchaser by the Seller then the Purchaser will be deemed to have forfeited the initial deposit to CPAuctions.

Statutory Consent

9.15 In the event of the sale requiring the consent of any statutory authority, then this sale shall be subject to the granting of such consent.

10. PAYING FOR YOUR PURCHASE

10.1 All prices are quoted in South African Rand and are payable in that currency in accordance with the provisions of the Conditions of Sale.

CPAUCTIONS' COMMISSION PAYABLE BY THE SELLER.

10.2 The Seller shall pay CPAuctions commission on transfer of the property. Such commission shall be deemed to have been earned as soon as the Purchaser and the Seller sign a written agreement in respect of the sale of the Property concluded by CPAuctions and once all suspensive conditions have been fulfilled.

11.GENERAL SALE INFORMATION

11.1 The sale will commence at the published time and will not be delayed to allow a specific person or persons in general to take part in the sale.

11.2 Unless otherwise stated, the reason for the sale will be the voluntary disposal of the Property by the Seller.

11.3 It is the User’s sole responsibility to read these rules and the Terms and conditions of each transaction carefully prior to making an offer on a Property on the Portal.

11.4 The conduct of the sale is subject to the control of CPAuctions and CPAuctions reserves the right to regulate the offer procedure, to deny any person access to the Portal for any reason. CPAuctions has the right to postpone or cancel the sale, to withdraw any Property from the sale, and to change any terms of the sale or particular conditions of sale, upon announcement prior to or during the course of the sale. In the event of a dispute among Users, CPAuctions will make the sole and final decision regarding the resolution of that dispute.

11.5  CPAuctions will be entitled to correct any bone fide error made in the description of any Property or in the conduct or conclusion of any sale. In the event that the error cannot be corrected, the sale may, at CPAuctions sole discretion, be cancelled and no party shall have any action against CPAuctions or one another arising from the said cancellation.

11.6 By registering for the sale, the User agrees to these Terms and Conditions, as may be updated from time to time prior to the sale date. Such form of acceptance by the User is binding and the User acknowledges that it shall be binding and enforceable on it.

11.7 The respective rights and obligations of the parties with respect to these Terms and Conditions and the conduct of the sale shall be governed by, interpreted and enforced under the laws of the Republic of South Africa. Upon execution of the Conditions of Sale, all rights and remedies with respect to the Property shall be governed by the Conditions of Sale and, where a conflict exist, the terms of the Conditions of Sale will take precedence over these Terms and Conditions in so far as they relate to the agreement between the Seller and the Purchaser.

11.8 Offers made during the sale are void where prohibited by law. Any information on any website, in any brochure, e-mail or postcard and any and all information available regarding the Properties shall not constitute an offer to sell or a solicitation of any offer to buy any of the Properties referenced herein. In addition, and without limitation of the aforegoing, any website or brochure shall not constitute an offer to sell or a solicitation of any offer to buy. No obligation to sell shall be binding on the Seller unless and until the Conditions of Sale are signed by the Seller

12. WARRANTIES

12.1 The User warrants that:

12.1.1the information provided by it during the Website registration process is true and correct in all respects;

12.1.2 failing where the User has specified before the sale that financing from a third party is required, upon the submission of an offer, the User is willing and able to effect payment of that sum plus any additional costs specified in these Terms and Conditions and in the Conditions of Sale;

12.1.3 it has not, directly or indirectly, engaged in or been involved in offer manipulation and/or unfairly induced any other person to make offers and/or alter and/or affect the offer price and/or in any way collude with any person whatsoever, juristic or natural, to alter or attempt to alter a fair offer process;

12.1.4 he/she is over the age of 18 (eighteen) years.

12.2 The Seller warrants that:

12.2.1 it is the owner or authorised agent of the Property;

12.2.2 it has accurately described the Property on the Portal.

12.3 Other than the representations stated in these Terms and Conditions or the warranties as provided for in the CPA, where and to the extent applicable, the User acknowledges that CPAuctions has made no representations or warranties, implied or otherwise, to the User and/or the Seller in connection with the Property.

13. LIMITATIONS AND INDEMNITY

13.1 While CPAuctions shall take all reasonable measures to ensure the accuracy of the information provided to prospective Users, CPAuctions makes no representations or warranties as to the accuracy or completeness of any information contained online on the Portal or made available by the Seller or CPAuctions.  All Users are required and encouraged to conduct their own due diligence, and investigate all matters relating to the Properties that they are interested in purchasing on the Portal. All Properties listed on the Portal are sold on a “voetstoets”, "as is" basis.

13.2 No warranties, expressed or implied, including, but not limited to fitness for a particular purpose, are made with respect to the online offering platform or any information or software therein.

13.3 CPAuctions will not be liable for any damages or injury, including, but not limited to, those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Neither the Seller nor CPAuctions will be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the Portal, the materials on the Portal, or the online sale platform even if there is negligence or CPAuctions or an authorized representative of CPAuctions has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages in which event it is recorded and agreed that the Seller’s or CPAuctions total liability to the User for all losses, damages, and causes of action (including without limitation, negligence or otherwise) will not be greater than the amount the User paid to access the Portal.

13.4 The User hereby indemnifies and holds CPAuctions and/or the Seller harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the User and/or the Seller howsoever arising, including any wilful misconduct or gross negligence of CPAuctionsCPAuctions shall under no circumstances whatsoever be liable for damages, directly or indirectly caused, or consequential loss of any nature whatsoever and for any reason whatsoever. Where applicable, this clause 13.4 will not apply to a User insofar as it is in conflict with the CPA, if and to the extent applicable.

13.5 The User hereby indemnifies and holds harmless the Seller and/or CPAuctions and waives any right that it may have to claim against the Seller and/or CPAuctions in relation to any loss which it may suffer occasioned by the unauthorised use of the User’s Portal password and user name.

14. BREACH

14.1 In the event of the User, or Purchaser breaching any of the Terms and Conditions, CPAuctions will be entitled (but not obliged) by written notice to the User or Purchaser, as the case may be, to:

14.1.1 claim specific performance; and/or

14.1.2 cancel the User’s registration to the Portal; and/or

14.1.3 cancel the sale and claim damages arising out of the breach.

14.2 Should CPAuctions lect to, among other things, cancel the sale and claim damages arising out of the breach in terms of clause 14.1 above then the Purchaser will be liable to the Seller for liquidated damages equal to 10% (ten percent) of the Purchasers offered purchase price for the Property, alternatively, the Seller will be entitled to claim damages sustained as a result of the breach / cancellation.

14.3 In any of the above instances CPAuctions and/or the Seller may claim such damages as it may have suffered as a consequence of the Users / Purchasers breach, including, without limitation, the total cost of the offer sale, CPAuctions' commission and any other additional costs prescribed by the Regulations.

14.4 The aforementioned remedies shall be in addition to such remedies which the Seller and/or CPAuctions may have under the common law.

15. DOMICILIUM CITANDI ET EXECUTANDI

15.1 The User elects as its domicilium citandi et executandi the physical address as stipulated in the registration documents completed by the User on the Portal for service of all notices or legal processes.

15.2 CPAuctions elects as its domicilium citandi et executandi its registered address.

16. ARBITRATION

16.1 Should any dispute arise between the parties in connection with:

16.1.1 the formation or existence of;

16.1.2 the implementation of;

16.1.3 the interpretation or application of the provisions of;

16.1.4 the parties’ respective rights and obligations in terms of or arising out of, or the breach, or termination of;

16.1.5 the validity, enforceability, rectification, termination or cancellation, whether in whole or in part;

16.1.6 any document furnished by the parties pursuant to the provisions of these terms and conditions or which relates in any way to any matter affecting the interests of the Parties in terms of;

these terms and conditions, that dispute shall first be attempted to be resolved between the Parties by dispute resolution, failing which, be referred to and be determined by arbitration in accordance with the terms of this clause 16.

16.2 Any party to these terms and conditions may demand that a dispute be determined in terms of these terms and conditions by written notice given to the other party.

16.3 This clause shall not preclude any party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the Arbitrator.

16.4 The arbitration shall be held:

16.4.1 in Johannesburg;

16.4.2 with only the legal and other representatives of the parties to the dispute present thereat;

16.4.3 mutatis mutandis in accordance with the provisions of the High Court Act, No. 59 of 1959, the rules made in terms of that Act and the practice of the division of the High Court referred to in clause 16.9;

16.4.4 otherwise in terms of the Arbitration Act, No. 42 of 1965, it being the intention that the arbitration shall be held and completed as soon as possible.

16.5 The Arbitrator shall be, if the matter in dispute is principally:

16.5.1 a legal matter, a practising Attorney or Advocate of Johannesburg with at least 10 (ten) years standing;

16.5.2 an accounting matter, a practising chartered accountant of Johannesburg of at least 10 (ten) years standing

any other matter, and independent person; agreed upon between the parties to the dispute.

16.6 Should the parties to the dispute fail to agree whether the dispute is principally a legal, accounting or other matter within 7 (seven) days after the arbitration was demanded, the matter shall be deemed to be a legal matter.

16.7 Should the parties fail to agree on an Arbitrator within 14 (fourteen) days after the giving of notice in terms of clause 16.2 above, then the Arbitrator appointed at the request of either party to the dispute by the President for the time being of the Law Society of the Cape of Good Hope or its successor-in-title.

16 .8 The decision of the Arbitrator shall be final and binding to the parties to the dispute and may be made an order of the Court referred to in clause 16.9 at the instance of the parties to the dispute.

16.9 The parties hereto consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in respect of the proceedings referred to in paragraph 16.3.

16.10 The parties agree to keep the arbitration including the subject-matter of the arbitration and the evidence heard during the arbitration confidential and not to disclose it to anyone except for the purposes of an order to be made in terms of clause 16.8.

16.11 The provisions of this clause:

16.11.1 constitute an irrevocable consent by the parties to any proceedings in terms hereof and no party shall be entitled to withdraw therefrom or claim at any such proceedings that it is not bound by such provisions;

16.11.2 are severable from the rest of the terms and conditions contained herein and shall remain in effect despite the termination of or the invalidity for any reason of this document;

16.11.3 shall not preclude any party from instituting any injunctive proceedings in any appropriate Court.

 17. PRIVACY POLICY

17.1 CPAuctions shall take all reasonable steps to protect the personal information of the User collected by CPAuctions through the Portal. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act, 2 of 2000 (“PAIA”). The PAIA can be accessed at http://www.info.gov.za/view/DownloadFileAction?id=68186.

17.2 The personal information will not be made available to any third party without the User’s consent or unless required in legal process or proceedings or to protect the rights, property or safety of CPAuctions or other parties. The User acknowledges that CPAuctions will supply the Seller and all other necessary third parties with the User’s personal information for the purpose of concluding a sale of the Property.

17.3 The User recognises that it is the User’s sole responsibility to protect its Portal username and password.

17.4 The User recognises that CPAuctions may use its confidential information to communicate with the User from time to time, unless otherwise specified by the User in writing.

17.5 It is recorded that the Portal may collect cookies and/or make use of tracking. All Users of the Portal accept that CPAuctions may collect the User’s computer IP address in order to, among other things, measure the number of visitors to the Portal for marketing purposes. CPAuctions is under no obligation to protect this information and make use of this information without limitation.

 

18. USE OF THE WEBSITE &  MOBILE APPLICATIONS

18.1 Save for the provisions of section 43(5) and 43(6) of ECTA, where applicable, neither CPAuctions nor its duly authorised agents or representatives shall be liable for damages, loss or inability to use the Portal, the services or content provided therein. CPAuctions furthermore makes no representation or warranties whatsoever that the content and/or technology available on the Portal is free of errors, omissions and viruses of any nature or free of interruption.

18.2 Any information on the Portal should not be regarded as professional advice or the official opinion of CPAuctions and it is the User’s responsibility to ensure the correctness of any of the content displayed on the Portal.

18.3 The User agrees to use the Portal only for lawful purposes and in a manner which does not in any way infringe on the rights of or restrict or inhibit the use and the enjoyment of the Portal for any third party including, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person. CPAuctions will not be responsible in any way whatsoever for the content of external websites linked to the Portal, whether directly or indirectly. It is the User’s responsibility to confirm any external Portal's privacy policy before transmitting personal information thereto.

18.4 No right or license is hereby granted to any User, whether juristic or natural, to any trademark, mark, branding, design or any other intellectual property of CPAuctions whatsoever.

18.5 All material located on the Portal including, without limitation, text, logos and images may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way whatsoever, except for the User’s personal non-commercial use.

18.6 The User agrees not to adapt, alter or create any derivative work from any of CPAuctions material contained on the Portal nor the use of CPAuctions content for commercial use in any way whatsoever, without CPAuctions' prior written approval. 

 

This is the High Street Auctions online bidding portal where you can actively participate in the bidding process for properties listed here. In order to bid on a property please familiarise yourself with the associated terms and conditions and follow the "Register to bid" instructions that will take you through the easy steps to register. Once you have registered successfully you will be able to start bidding. For your convenience you can bid using this portal or download the High Street Auctions App on your mobile phone and bid using your mobile device.

High Street Auctions is the premier marketplace for selling and buying property. Give the international award winning team at High Street Auctions a call today to see how you could maximise the returns on your next property transaction.

"Download the bidding app now!"

Call us today

011 684 2707

Our Location

The High St Auction Co. 3rd Floor, 160 Jan Smuts Avenue, Rosebank, Gauteng 2196

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