2.1. Bidders acknowledge that all Bids are kept secret and will under no circumstances be disclosed to any other party whilst the auction is open.

2.2. In order to submit a Bid, users must be registered users of the bidorbuy Site.

2.3. bidorbuy reserves the right to cancel any Bid under any one or more of the following circumstances:

• 2.3.1. The Bidder provides false or non-existent information when registering.
• 2.3.2. There is suspicion that the Bidder is part of any attempt to manipulate the system in any manner whatsoever.
• 2.3.3. Insufficient bids have been received on a particular Smartbid Auction as determined by bidorbuy.
• 2.3.4. The Bidder exceeds the Maximum Number of Bids per Bidder allowable for a particular Smartbid Auction, if specified.
• 2.3.5. For any other reason deemed reasonable by bidorbuy.

2.4. bidorbuy shall not be liable for any problems preventing the submission of bids for any reason, including but not limited to an overload of the telephone service centre and/or any kind of technical problems and/or because of war, or problems with the Internet. Back to Top

3. Determination of Smartbid Auction Selected Bidders

3.1. The Bidder that places the lowest Unique Bid is determined the Selected Bidder for that specific Smartbid Auction Item thereby acquiring the right to purchase the specific product/service for the Bid Amount of the Unique Bid. For example, for a Smartbid Auction Item with 10 Bids as follows:

Then the bidder that submitted Bid 8 would win the product/service for R0.04 because it is the lowest Unique Bid.

3.2. Should there be no Unique Bid then the Selected Bidder will be determined by the lowest Bid Amount with exactly two Bids where the Bidder has placed the Bid first. Should there be no Bid Amount with exactly 2 Bids then the process is repeated for the lowest Bid Amount with exactly three Bids and so on until there is a Selected Bidder.

3.3. There may be a period of up to 5 working days from when a Smartbid Auction closes until the auction results are announced. Back to Top

4. Provision of Products/Services

4.1. The supply of the product and/or the service to the Selected Bidder is subject to delivery within the borders of the Republic of South Africa only.

4.2. It should be understood that bidorbuy is not the supplier of the products/services, and that the products/services may be supplied to Selected Bidders directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement.

4.3. Guarantees for products/services will only be provided as stated in the auction description for each specific Smartbid Auction (no mention of a guarantee will imply no specific guarantee). Your statutory rights are unaffected.

4.4. Except to the extent that is required by law, bidorbuy is not responsible for any kind of product/service including the quality of the product, and/or faults, and/or damages, and/or unsuitability of the products and/or the services. Back to Top

5. Provision of Bids

5.1. bidorbuy will provide all bidorbuy users with the ability to place one bid at no charge on each Smartbid Auction that is listed. In addition, at the complete discretion of bidorbuy, users will be provided with additional bid credits either for free or for a charge. This will be done at the discretion of bidorbuy and may for example be done to reward users for referring other users to the Site.

5.2. Only one bidorbuy account is permitted per user. Back to Top

6. Use of Information

6.1. Unless otherwise agreed by the Bidder, bidorbuy will not sell personal Bidder information to any third party, or use that information other than for the performance of this Agreement.

6.2. Bidders however understand that bidorbuy, in conjunction with the relevant supplier of a particular product/service on Smartbid Auction, may make use of their personal information to make a once off alternative offer relevant to the specific product/service on Smartbid Auction. Back to Top

7. Disclosure of Bidding Information

7.1. While a Smartbid Auction is open, bid information for that specific Smartbid Auction will be kept secret by bidorbuy and will not be disclosed to any person under any circumstances.

7.2. Each Bidder acknowledges that, if he/she becomes the Selected Bidder as a result of a Smartbid Auction Item closing, bidorbuy will be permitted to publicise his/her name, surname and location, Bid Amount, and the product/service which was the subject of the relevant Smartbid Auction.

7.3. n addition bidorbuy may, at its discretion but is not obliged to, make the Bid Amount of each individual Bid publicly available after the close of an auction. Back to Top

8. bidorbuy's Liability

8.1. Reasonable control. bidorbuy shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

8.2. Excluded loss. bidorbuy will not be liable to any Bidder or Selected Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).

8.3. Maximum liability. Without limiting the preceding clause, the liability of bidorbuy under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) R50, or (b) an amount equal to the sums paid or payable by or to you in the Smartbid Auction to which such liability relates, regardless of the cause or form of action.

8.4.Non-excluded liabilities. Nothing in this Agreement limits bidorbuy's liability for death or personal injury resulting from bidorbuy's negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected. Back to Top

9. Governing Law

The laws of the Republic of South Africa govern these Terms and Conditions and each Smartbid Auction. bidorbuy and each Bidder submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in relation to any dispute arising out of or in connection with these Terms and Conditions or any Smartbid Auction. Back to Top