User Agreement
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The following are the terms of the AGREEMENT which you or you on behalf of other legal entities accept as binding and agree to abide by when you register to become a member or User of RallyStar®. Member or Usership enables you to make use of the RallyStar® website subject to all the conditions applicable while your membership is valid, paid up where required and you have not been refused use of any of our other related websites, such as BingoBid.com, Confirmadate.co.za, Letsbuy.com, TheTrolley.co.za or any other system for any reason.
MEMBERSHIP AGREEMENT
Any person over the age of 12 may use the RallyStar® website, but to participate in any functionality a User or entity that may want to use the site or want the site to be used on its behalf, shall have full legal power or ability, according to the laws of the specific country, over the age of eighteen, and need to be able to enter into valid and binding legal AGREEMENTS. If a subscription fee is payable, such fee shall be payable before registration. If a person registers to use the RallyStar® trading system, the person or entity agrees that this AGREEMENT and the BingoBid.com Agreement shall be binding on him, her or it.
A person or entity accepts all the terms and conditions of this AGREEMENT by registering and will for the sake of convenience hereafter be described as “the MEMBER”.
The description “MEMBER” does not imply any legal bond between the parties, no other AGREEMENT than this AGREEMENT, no other guarantees, undertakings or any other provision not covered by this AGREEMENT or the AGREEMENTS referred to.
The MEMBER acknowledges the fact that in any transaction of trade, RallyStar® , BingoBid.com,Letsbuy, TheTrolley and any other website in any way connected, referred to, linked to or owned by any or all the directors, or members, their staff, agents, employees, registered Users, of any of the mentioned or connected sites, shall only act as a so called trading system used by the SELLER and the BUYER and in no other capacity whatsoever.
Participation shall be subject to such a person not being a minor or if a minor, without the necessary legal assistance, and that the person has not been declined membership of any of the mentioned websites, or websites registered by on any previous occasion, or whose MEMBERSHIP was previously cancelled by any of the mentioned websites herein mentioned, for whatever reason.
RallyStar® reserves the right to amend the terms and conditions of this AGREEMENT regarding payment, fees payable and other administrative costs, from time to time and such changes shall become effective and enforceable within 14 days of publication on the RallyStar® site.
PUBLISHING OF ARTICLES AND/OR ADVERTISING OF PRODUCTS
RallyStar® shall have the right, without being under any obligation to furnish reasons, to remove any published article from its website or refuse to publish such.
The user agrees unconditionally that he/she shall indemnify RallyStar® and or all persons or other websites related or linked to it, from any claim whatsoever due or related to his/her publishing of any article, photograph, image, logo, trademark, price, condition, guarantee, undertaking, opinion, or whatever. The user agrees that anything published by him or her, even when and if edited by any person/s related to RallyStar® shall be his or her responsibility and he/she will be liable for any damage or claim instituted by any party, related to such.
Should a User publish or continue to publish any untruth, deflamatory, insulting, male fide, and or malicious article, picture or implication of such, RallyStar® shall have the right to refuse such a person any further participation on the site.
The user agrees, by using the RallyStar® site, that all articles, pictures, images, concepts, intellectual property or whatever is legally and rightfully published on the RallyStar® site, is or becomes and remains the property of RallyStar® and is protected by the various copyrights, worldwide.
No person shall have the right to copy, duplicate, re-publish, transfer or by any means use any such item without the previously obtained permission in writing from one of the members, owners or directors of RallyStar®
SELLING OR RE-SELLING OF PRODUCTS
Your advert will only appear on the site after youu have paid the required advertising fee into the allocated bank account and the amount has been cleared by our bankers.
If you want to sell a product through RallyStar®, BingoBid or any of the other related sites mentioned herein, or added from time to time, you need to do the following:
Answer the questions asked by RallyStar® or the other site. Give an accurate description of the item, if possible, add a picture of whatever you are offering, especially if the product is not well known or when it is a second-hand product.
The next, and very important factor is to put the price and depending on the article, a complete description of the article on the site. Most types of articles will have its own category and you will be able to furnish a full description by simply answering all the questions.
When selling a product through BingoBid or another site where a commission is applicable, we agree on the price you want for the article beforehand - by your acceptance of our AGREEMENT.
You stipulate the price you want and that will, after a successful sale, be the net amount you will receive, inclusive of VAT or other appropriate taxes where applicable. Where applicable delivery fees for delivery in the area you agreed upon, will be charged or deducted if we handle the delivery or you need to add the costs to the price.
No discounts or commissions are deducted from you on the sites where you pay an advertising fee or sales fee.
(Please see specific conditions on the sale of fixed property and businesses.)
PRODUCT DESCRIPTION
It is vital for you to describe the product you would like to sell – accurately and honestly. If what you sell is in a fair condition – say that. You must not describe it as in excellent condition, when it is not. A misleading description can and probably will land you in trouble.
The description of general condition, the degree of use, guarantee given, delivery conditions, colour, year of manufacture etc. is very important. You need to state every condition regarding tax and delivery. If finance is available, say that and state the basic conditions.
Clear and genuine photographs will enhance the chances of a sale.
A definite condition of sale through any of our sites is that you offer the Buyer VALUE FOR MONEY. If your prices are not reasonable or at least market related, RallyStar® may refuse to allow you to use our site.
We have to stress that no matter how efficient our system, the better your price the faster and more stock you will be able to move.
When the buyer (your customer) arrives to collect the item bought, you need to follow the prescribed procedure carefully to ensure that the money is paid directly into your account. You need to follow the rules when delivering, dispatching or handing the product over.
You need to get confirmation from RallyStar® on EVERY transaction where we may have received any money towards the price of your product. There are certain systems in place when dealing with businesses, which may vary from the AGREEMENT we have with individual Sellers.
If the customer used the BingoBid system to pay for a product, the customer will hand you a "pin number" which you will enter into the system and with a click of a button finalise the deal and effect payment into your account. Please refer to the BingoBid agreement which forms part of this AGREEMENT.
Remember you need to be over 18 years old to register and deal in BB .
A registered member may buy or sell and make use of all the other BingoBid benefits automatically.
Sellers with continuous stock will have to comply with all the requirements, stipulated on the BingoBid application form.
A Stock supplier is a person or instance selling more than one of the same item under the same advertisement. There are NO EXTRA COSTS (yet) all you need to do is register every branch where products can be obtained. If these stores or depots are not your groups property, they will have to register with BingoBid to be able to participate.
USERS ARE REMINDED THAT EVERY OF OUR OTHER WEBSITES HAVE A USER AGREEMENT WHICH IS APPLICABLE TO THAT SPECIFIC SYSTEM AND THIS RallyStar® AGREEMENT DOES NOT COVER ALL THE CONDITIONS AND OBLIGATIONS IN ITS OWN.
COLLECTION AND OR DELIVERY
Collection and or delivery is an aspect to be agreed upon between the buyer and seller. The agreement is reached when the buyer, buys (after a successful bid) from the seller and the conditions applicable will be stipulated on the advertisement. When a Seller places a product on the RallyStar® system he will state whether it is new, guaranteed, price included delivery and Vat plus the limitations, etc.
GUARANTEE ON PRODUCTS
New products or products advertised as "new" will have to have a guarantee on them - the minimum which must be against faulty craftsmanship or a guarantee that the item is in working order and free from factory defects. Users are reminded that common law usually offers buyers some form of protection.
RallyStar® or any of our other related or linked websites, shall not be held responsible for any dispute arising from any such purchase.
Should we receive continuos and founded complaints about a Seller such a persons membership may be suspended without any reasons supplied by us.
PAYMENT METHODS
All accepted methods of payment will be available to users. If you would like to make use of the very effective and “free” of bank charge method offered by BingoBid you need to do the following:
Register as a member of BingoBid and buy some “BID CREDITS” by credit card, cash or cheque. The latter two methods will delay registration by a day or two. Remember the longer you delay the longer it will be before you can trade on BingoBid.
Intellectual Property and Copyright Infringement Notice
The Service is controlled and operated by RallyStar®, 297 Rigel Avenue Waterkloof Ridge Pretoria, email: info@rallystar.co.za. The Service, and all materials on the Service including images, text, illustrations, logos, audio and video files (collectively "intellectual property"), are protected by copyrights, trademarks, servicemarks, or other proprietary rights which are either owned by RallyStar or Leon Botha, or owned by other parties who have licensed their intellectual property to Rallystar. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Service is the exclusive property of RallyStar and protected by local South African and foreign laws and international copyright treaties. Material from the Service and from any other Service owned, operated, controlled, or licensed by RallyStar® may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of RallyStar® intellectual property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization prior to such act is a violation of RallyStar® copyrights and other proprietary rights and is strictly prohibited.
Notification and Procedure for Making Claims of Copyright Infringement
You may notify RallyStar® if your work has been copied in a way that you believe constitutes copyright infringement. RallyStar® Copyright Agent may be contacted at:
Leon@bingobid.com
Telephone: (+2712) 347-8532
Facsimile: (2712) 347 2771
If you wish to notify RallyStar® of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:
1. a physical or electronic signature of the person authorized to act on behalf the copyright owner;
2. identification or description of the copyrighted work you claim has been infringed;
3. identification or description of the work you believe is infringing on your copyrighted work and enough information to assist RallyStar® in locating the allegedly infringing work;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
6. your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
Trademarks
RallyStar®, BingoBid, Stortudor the RallyStar® logo, and other RallyStar® graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of RallyStar®, BingoBid.com, or their affiliates, in South Africa, the United States and other countries. Neither RallyStar®, nor their affiliates' trademarks may be used in connection with any product or service that is not RallyStar®, or their affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits RallyStar®, or their affiliates.
The user agrees that by entering the RallyStar site, opening any article, of browsing around even without registering as a user, he or she agrees that above agreement is the only agreement between the parties, regarding the use of the RallyStar site and that no further guarantees are given, no relationship other than controlled by this agreement or any other agreement seperate from this agreement, between the same parties, exsists.
Limitation of Liability
IN NO EVENT WILL RALLYSTAR BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE AT THIS WEB SITE OR ANY OTHER WEB SITE TO WHICH A LINK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THIS WEB SITE, EVEN IF RALLYSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.
Above agreement constitutes the full agreement between the parties and any change shall be in wrioting and posted on the site, for the User to see or find, and shall then bebinding between the parties.
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