Last revised 16 April 2009
The following describes the terms in which this website (Sportacus.co.za), herein referred to as Sportacus.co.za. us, we our, this website, and provides you access to our services. We reserve the right to supplement, revise, or update these terms at any time. If we do so, we will post details of any changes that will be effective immediately.
If you do not agree with the terms and conditions then you should not accept them!!!
We will provide you with the services only once you have accepted the terms and conditions of this Agreement by clicking on the "I ACCEPT" button when registering with us.
Eligibility for Membership: Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors except under adult supervision as described on our Privacy Policy Page. If you do not qualify, please do not use our website.
1. Bidding
Placing a bid on an item is an irrevocable offer to buy the item at the price of the bid, provided your bid is a winning bid at the close of the auction. A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a multiple auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Placing a bid constitutes your agreement to entering into a binding legal agreement with the seller to purchase the item at the winning bid price and in accordance with the terms stated in the item listing and the rules of this website. You must resolve any questions about the item by contacting the seller of the item prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller of the item regarding any questions you may have. Biding is subject to bid increments and items may be subject to a minimum bid.
Once a bid is placed it may not be canceled or retracted without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and it is not the duty of this auction site to request permission from the seller for a bid retraction or cancellation. Any bid cancellation must be worked out between buyer and seller without assistance from the auction site. By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. Auctions will not be extended due to technical difficulties. Do not wait until the last minute to bid!
2. Listing
Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case multiple auctions there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other online auction site unless you intend to sell the exact item on both websites. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction prior to listing it as a winning bid is a legal contract.
When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of parties involved. By listing items for sale on this website you represent to us that your items do not infringe on the intellectual property rights of any third party and that you have a legal right to sell the items you list.
Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities and other search engines is prohibited.
The sale of your item(s) on this auction site:
1.shall not be fraudulent or involve the sale of counterfeit or stolen items;
2.shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3.shall not violate any laws of the Republic of South Africa;
4.shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
5.shall not contain any viruses, Trojan horses, worms, time bombs, Active-X components, java-scripting, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You may not post or sell on our website any:
1.Item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable laws of the Republic of South Africa;
2.Bombs, explosives, 'illegal weapons', conversion kits/plans unless buyer is authorized to be in possession of said item in accordance to the laws of the South African Republic.
By listing an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the bidders who place bids on this item.
3. Listing Content / Multiple Listings
Auction listings must offer a specific product or service at a specific price. Any listing deemed to be general advertising instead of an offering of something specific for sale may be removed without notice. We reserve the right to edit or remove auction listings as necessary in accordance with our rules, terms and policies. Listings may be moved to a different category if deemed inappropriate for the specified category, so please put your listing in the most appropriate category. We do not allow the posting of excessive numbers of listings for the same item. Excessive duplicate listings may be removed without notice.
4. Bid Manipulation
Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, or seller's agent. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item as this is not honest or fair behavior.
5. Sportacus Discretion
We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you, or a bid placed by you, if:
you breach any provision of this agreement; or
we are not entirely satisfied that you are legally permitted to offer for sale or
sell, those goods and/or services;
we are required by law to do so;
it infringe or is suspected of infringing the Intellectual Property Rights of any person; or
it is otherwise in our commercial interests to do so; or
it may create any liability for us whatsoever; or
for any other reason whatsoever.
6. Fraud Prevention / Dispute Resolution
Complaints of fraud are extremely rare at Sportacus.co.za. but we encourage you to exercise common sense when making an online purchase; if something doesn't look right with the auction listing, be sure to contact the seller before bidding on the item.
We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, the buyer should check the seller's feedback to see how the seller has handled himself in past transactions for all to see. If you think you were a winning bidder in an auction transaction and you have sent your payment for the item, and either did not receive your item or received an item substantially different than what was advertised, we will help you resolve the problem to the best of our ability.
7. System Abuse
This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction with payment or communication as well as with "problem" sellers who list an item and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may terminate your account if you are found (by conviction, settlement, insurance or otherwise) to have engaged in fraudulent activity in connection with our site. You agree to be held liable for, and to pay for any costs incurred by this website for your misuse of the system or for your violation of any of the website's rules.
8. Mail System / Spam
Our user-to-user messaging system exists solely to allow contact between bidder (or potential bidder) and seller for the purpose of engaging in or completing an auction transaction. Use of the messaging system for any other purpose is prohibited. Users agree to refrain from "spamming" (sending unsolicited commercial email to other users). A seller may not contact the bidder(s) on similar listed items and promote his own item or offer another item for sale. Users may not send spam through this auction website to other members or through other mail servers for any purpose of promoting this website. Spamming will be reported for further punitive action and may result in criminal or civil penalties under various laws. Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account here.
9. Newsletter
9.1 We have created this email privacy policy to demonstrate our firm commitment to your privacy and the protection of your information. By accepting the Terms & Conditions, you willingly subscribe to our newsletters.
9.2 If you choose to unsubscribe, we will honor your request without any questions asked. Please contact us to unsubscribe.
9.3 We never send "SPAM", unrelated or other unrequested e-mails, that holds no relation to our site.
10. Forum Usage
10.1 You are not allowed to post, attach or link to any material which is false, defamatory, inaccurate, offensive, abusive, threatening, vulgar, hateful, harassing, obscene, profane, sexually oriented, racist, invasive of a person's privacy, adult material, or otherwise in violation of any International laws and regulations. You must not post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are forbidden on this forum.
10.2 Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner(s) of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, so please understand that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
10.3 You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
10.4 Always remember: The moderator(s) and/or administrator(s) will make the final decision.It is the moderator(s) and/or administrator(s) decision (and right) to:
- Close a thread
- Delete a thread
- Ban/delete a user
If you have a problem and think the decision made was wrong or unfair, send one of the moderator(s) or administrator(s) a email.
11. Liability
11.1 Users shall indemnify and hold harmless Sportacus.co.za and its management in respect of any loss or damage to persons or property incurred through their accessing the site to the extent permitted by law.
11.2 Sportacus.co.za disclaims all liability whether arising in contract, tort (including negligence) or otherwise for any business loss resulting such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Sportacus.co.za arising out of user’s use of the site.
11.3 It is solely the user’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided by other users through the site. Sportacus.co.za accepts no responsibility for checking or verifying the accuracy of material submitted to the site and the user accepts that Sportacus.co.za has no liability for the accuracy or otherwise of information provided by other the users. Sportacus.co.za gives no warranty that the site or goods or services obtained through it will meet the user’s requirements
12. Disclaimers
12.1 Sportacus.co.za takes all reasonable efforts for data backup and business resumption procedures however: The user is solely responsible for retaining back-up copies of all information submitted to the site
12.2 Sportacus.co.za makes no representations whatsoever about the content or functioning of any other sites linked to the site and whilst the user may use links on the site to access other third-party sites the use of such links is entirely at the user’s own risk.
12.3 Sportacus.co.za disclaims all liability for the acts or omissions of persons unlawfully accessing or using the site or misusing the personal information of the users obtained through the site whether such acts or omissions occur during use of the site or otherwise.
If you have any comments or questions: Please let us know




