- “The Company” means Sovereign Trust Limited, in its capacity as Trustee of The Madison Trust
- "The Collection Agent" means Dixoplex Pty - “Commencement Date” is the date which these terms and conditions are accepted
- “Subscription Period” is the period for which a subscription is active
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Acceptance and Registration
These terms and conditions become effective when you complete the registration process and constitute a binding agreement between the Company and yourself. These conditions will govern our respective rights and obligations each time you obtain or use any data made available to you by the Company whether it be telephone,SMS, MMS, email, a web interface, postal service, attachment, form, fax or any other means ("the Data"). By completing the registration process, you certify that you have read and understood the relevant terms and conditions of use and disclaimers applicable, and that you consider yourself bound thereby. You further acknowledge that the uses of this the Data is entirely at your own risk. The person signing or accepting these terms and conditions hereby warrants that he or she is duly authorised to accept these terms and conditions.
No warranties or representations
Whilst every care has been taken in preparing the data, no guarantee, representation, warranty or undertaking (express or implied) is given and no responsibility or liability is accepted by us as to the accuracy or completeness of the the Data. The Company or its Directors/Trustees shall not be liable for any Data provided and make no warranties that the data feed will operate uninterrupted or without error or that any error will be corrected. It is explictly noted that if an auction is cancelled then this will not be updated on the website and the cost of any data purchased by the user related to that auction will not be refunded. We furthermore give no warranties that the formats in which the data is provided are compatible with your computer's hardware or software, or that accessing the Companies website, downloads, emails or attachments,will be free of errors, viruses, worms or Trojan horses or any other threats to the integrity of your hardware or software, and we shall not be held liable for any damage you may suffer as a result of such threats. You hereby accept that the use of this the Data is entirely at your own risk, and by your acceptance of these conditions of use, you certify that you are satisfied that your current virus, software and computer integrity protection systems are adequate and installed on your computer. We reserve the right to withdraw any data or content at any time.
Disclaimer and limitation of liability
Although we have taken care to ensure that the the Data is accurate and that you suffer no loss or damage as a result of your its use, this Data and any supplementary services are provided "as is". Use of the Data and any supplementary services are entirely at your own risk. You assume full responsibility for the risk or loss resulting from its use. Due to the automated nature of the data feed, the onus is on the user to corroborate the details on the provided reports with the information provided in the gazette and by the auctioneer to ensure the correct property is being reported on. Furthermore it is the responsibility of the user to confirm the terms and conditions of the auction as these differ between auctioneers and whilst every effort it made to ensure accuracy in this regard, no liability will accepted for omissions or incorrectly published terms and conditions. Save for any liabilities that we cannot restrict by law, we and our shareholders, agents, consultants or employees are not liable for any damages or expenses whatsoever relating to your use the Data or any supplementary services or an inability to access the Data. This includes, without limitation, any direct, indirect, special, incidental, consequential, loss of profit, punitive damages or expenses, whether arising out of contract, statute, delict, law or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage. Without derogating from the generality of the above, we will not be liable for:
- any interruption, malfunction, downtime or other failure deliver the Data or supplementary services, for whatever reason;
- any loss or damage arising from your investment decisions or purchases based on the Data;
- 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; negligence on our part or caused by the year 2000 computer problem;
- 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;
- any event over which we have no direct control.
Conditions of access
You are solely responsible for the confidentiality and use of and access to this when using your user name and/or password. You agree to immediately notify the Company if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail. Each registration and subscription is for your own use only. You may not share your log in details or password with any other person. You may not share or transfer your subscription. Multiple users (networked or otherwise) are not allowed to access the the Data or service through a single name and password and may cancel or suspend your access without further obligation to you.
By accessing the site you agree to receive weekly emails with the latest listing. Should you unsubscribe from these emails and subsequently access the site again these email will be reinstated.
Fees and Payment
Subscription fees are payable monthly in advance and will be deducted from your nominated bank account or credit card on the 1st of every month or as otherwise agreed. Should the deduction date fall on a non-working day, the deduction will be made for the following day or shortly thereafter. Ad hoc charges incurred for products and services not included in the chosen package will also be deducted on this date if you have selected debit order as your payment method. Ad hoc charges will be deducted from credit cards as soon as practically possible after the charge is incurred. Any upgrades to subscription packages are on the same terms as the initial package. Once an account has been verified, a credit limit may be made available to you at the sole discretion of the Company. Should a debit order or credit card authorization request be rejected or declined, the Company shall be entitled suspend your right to access the Data with immediate effect. You will in no circumstances be entitled to defer or withhold payment of any amounts due in terms of this Agreement for any reason whatsoever, including but not limited to any Material being incomplete, inaccurate or incorrect. Upon termination of this Agreement you will pay all outstanding monies due to the Company within 5 calendar days of receiving an invoice or statement in respect thereof.All online credit card payments are processed by the MyGate Internet Payment Gateway or any other nominated Gateway. Card Holders may go to www.mygate.co.za to view MyGate’s security policies. Debit orders are processed via MyGate or other authorised provider. You acknowledge that your credit card details are stored by one or more PCI compliant providers the first time they are provided in order to enable one-click processing of subsequent orders and subscription charges. You also acknowledge that you will not be asked to re-enter the credit card details for subsequent transactions. Fees are collected by the Collection Agent.
All subscriptions are subject to fair use. The Company may terminate the subscription services of a user who's use of the unlimited facilities is deemed by the Company to be contiually excessive.
Returns and Refund Policy
Due to the immediate nature of the Services, there shall be no cooling-off period , refunds or returns applicable as described in S44 of the Electronic Communications and Transactions Act no 25 of 2002, which states
(1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply—
(a) of goods within seven days after the date of the receipt of the goods; or
(b) of services within seven days after the date of the conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of returning>
the goods. (3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law.
Duration of Agreement and Subscription Period
This Agreement will commence on the Commencement Date and shall remain in force subject to termination in accordance with this agreement. Should a subscription be taken out, a full calendar months notice shall be required by you to cancel the subscription however the company with endeavour to cancel your subscription in the same month as notice is provided as long as the notice is provided before the 25th of the month.
Breach and termination
Should you fail to observe and perform any of the terms, conditions or obligations in this Agreement, then the Company shall be entitled, but not obliged, in its sole discretion and without prejudice to any of its rights that it may have in law, including the right to claim damages, without notice, immediately terminate this Agreement and recover all its costs related to such termination, including Legal Costs; and/or
- terminate, without notice, your access to the Data and recover all its costs related to such termination, including Legal Costs
Amendment of this agreement
Dixoplex reserves the right to amend this agreement from time to time without notice to you. Any new version of the agreement will be displayed on our web site together with the date on which it will become effective, which will never be less than 30 days after the date on which it is first displayed. It is your obligation to visit our web site on a regular basis in order to ascertain whether any amendments have been made.
Entire agreement, and no representations
This Agreement comprises of the entire agreement between the Parties in relation to its subject matter, and it supersedes any written or oral representations, be they express or implied, and any prior agreements between you and the Company concerning the use of the Data. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not expressly recorded in this Agreement.
South African Law
This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and, in the event of any conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as applied and interpreted in the Province of the Gauteng will prevail.
Failure to enforce rights
Failure by the Company to enforce a right as provided in this Agreement will not constitute a waiver in respect of that right.
Contact Information (domicilium citandi et executandi)
Each of the Parties chooses domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this Agreement as follows: You: The email address used as your login
The Collection Agent: firstname.lastname@example.org or Dixoplex (Pty) Ltd, Farm 456 Section 9, Suid Agter Paarl, R44 Wellington, 7655, Western Cape