SMS Terms & Conditions

SMS Services

The following Terms and Conditions shall apply for the use of bidorbuy SMS service (‘Service’):

1. Description of Service

1.1 The Service allows you to receive “out bid alerts” via text messages to your registered cellular phone as well as the ability to increase your bid amount by means of a sms sent from your cellular phone. The Service also includes, but is not limited to, other cellular services that might be offered by bidorbuy from time to time.

2. Use of the Service

2.1 You are responsible for ensuring that your cellular phone is capable of sending and receiving the sms’s to and from us and you are also responsible for paying all charges and costs of your cellular network service provider that you incur associated with the sms’s in using the service. You acknowledge that this is a premium rated service and sms messages sent to 33003 or any other number that might be associated with this Service from time to time will be charged at R1.50 per sms message. You will be charged by your cellular network service provider in utilising the Service.

2.2 The entity or person who is using the Service is responsible for the financial responsibilities of the wireless account through which the Services are being accessed. bidorbuy is not responsible for entities or individuals claiming that they did not authorise the use of their cellular phone for these Services. You agree that you are over the age of 18 or have received your parent’s or guardian’s permission to use the cellular phone for premium services. If you have subscribed to the Service, you agree that you are either 18 or have obtained the proper permission.

2.3 bidorbuy’s services are for your personal use. You may not transmit or re-transmit, broadcast or re-broadcast or use any part of this Service for commercial use.

2.4 Although the sms out bid alert messages sent to users are free of charge, bidorbuy reserves the right to limit the number of outbound sms messages and reserves the right to charge for outbound sms messages over certain limits as may be published on the bidorbuy website from time to time.

2.5 bidorbuy reserves the right to terminate the Service without notice if it deems necessary in its sole discretion.

2.6 bidorbuy reserves the right to prevent certain bidorbuy users, cellular service providers or cellular numbers from making use of the Service if deemed appropriate to do so in bidorbuy’s sole discretion.

2.7 You acknowledge that the Service is not a guaranteed service and that bidorbuy cannot guarantee receipt and delivery of sms messages as it has no control over the cellular phone networks and / or cellular phone network coverage. Therefore, sms’s may not be delivered whether from you to us or from us to you. bidorbuy will use its best endeavours to send outbid alerts within the predefined notice periods set by users. Should a Seller delete a listing or modify the closing time of an auction which falls outside of the Users’ set notice period, the outbid alert will automatically be removed and cancelled.

2.8 You acknowledge that bidorbuy will process bids in the order in which they are received from the cellular service providers into the bidorbuy database. bidorbuy will not be held responsible for incomprehensible, incorrect, lost, delayed or misdirected bid sms’s and users acknowledge that they will be charged by their service provider for all sms messages sent from their cellular phones whether they were received by bidorbuy or not.

2.9 Bidorbuy reserves the right to verify the validity of bids and may delete any such bids as bidorbuy, in its sole discretion, deem appropriate to do so including blocking any users from making use of the Service.

2.10 You may unsubscribe from this Service by sending a sms message to 33003 with the text “Cancel”, “Stop”, “Unsubscribe”, “Quit” or “End”. Upon receipt of the sms, bidorbuy will cancel the Service and all sms alerts will be deleted. By terminating the Service, it does not cancel or delete any bids placed on an auction item. Any auctions won as a result of sms notifications sent to bidorbuy, will be valid and binding on a Buyer.

2.11 A User shall not use any form of robot, spider or any other means to copy or monitor bidorbuy’s Service without the express prior written permission to do so.

3. User's Conduct When Using the Service

3.1 You will not act, or omit to act, in any way that is likely to injure or cause damage to us or any other person that uses this Service. You will not impair or interrupt the use of the Service in any manner whatsoever.

3.2 You are not allowed to use our logos, trademarks, slogans or any other device or form of intellectual property belonging to us in general and in particular relating to the Service.

3.3 You will not create a false cellular phone identity or otherwise attempt to mislead us or others regarding the identity of the sender or the origin of the sms.

3.4 You will not use the Service in connection with junk sms’s, spamming or unsolicited sms’s.

3.5 You will not transmit through the service any unlawful, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

3.6 You will not harass us or any other user of the Service.

3.7 You will not libel, defame or slander us or any person, or infringe upon our or any person’s privacy rights.

3.8 You will not transmit any material that contains viruses or any other harmful or deleterious programs.

3.9 You will not interfere with or disrupt mobile phone networks connected to the Service or violate the regulations, policies and procedures of such cellular phone networks.

3.10 You will not attempt to gain unauthorised access to the Service, or other accounts, computer systems or networks connected to the Service, through any means whatsoever.

3.11 You will not interfere with any other person’s use or enjoyment of the Service.

3.12 You will not engage in any activity that we believe could subject us to criminal liability or civil liability or judgement in both instances.

3.13 Our rights are strictly reserved to immediately suspend or terminate in our sole discretion your use of the service if you do not comply with all of the provisions of this clause 3 in particular and any other provisions of these terms and conditions, without any liability to you or any third party.

3.14 You will not directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to establish the source code or copy the ideas or algorithms of the software, modify, translate or create derivative work space on the software, application or copy, rent, lease, distribute, assign or transfer rights to the software / application, use the software / application for unlawful purposes or for purposes that we will not consent to or approve of, or otherwise for your benefit or for the benefit of a third party whether for commercial gain or not. We, our service providers and our licensors retain ownership of all proprietary applications, software and intellectual property.

4. SMS Limitations

4.1 We are not responsible for the deletion, inability, or failure to store information.

4.2 Sms’s may be delivered late or not be delivered at all whether from you to us or from us to you, due to cellular phone network traffic or the cellular phone network not being operational.

5. No Warranties & Limitation of Liability

5.1 We, including our directors, employees, suppliers, cellular service providers, partners, affiliates and agents shall not be liable for any damage, loss or liability of any nature whatsoever incurred by you or any other person whether resulting from the use of the Service or the inability to use the Service for any reason whatsoever whether related to our negligence, including gross negligence.

5.2 You hereby expressly acknowledge and agree that you are using the Service at your own risk and that the Service is provided “as is” and “as available” without any warranties and conditions whatsoever, expressed or implied.

5.3 We do not make any warranties or representations that the Service shall be available at all times. You acknowledge that the Service may be unavailable from time to time due to general upgrades or updates or other causes beyond our control, including but not limited to the cellular phone network that you utilise not being operational, virus infections, power failures or any other “acts of God”.

5.4 We do not make any warranties or representations that the content of the service shall in all cases be true, correct or free from any errors.

5.5 We hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the Service.

5.6 We shall in no event be liable to you or any other person for any inaccuracy, error or omission in or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Service generally, and any aspect ancillary thereto.

6. Indemnification

6.1 You hereby agree to indemnify, hold harmless and defend us and our affiliates, agents, cellular content providers against any and all claims, liabilities, damages, costs and expenses (including but not limited to consequential damages, incidental damages, special damages, attorney’s fees on an attorney and client scale and disbursements) arising from or relating to:

6.1.1. The use of the Service in any manner whatsoever which violates the terms of any law, rule or regulation;

6.1.2. Any claims made by third parties arising from your use of the Service, including but not limited to third party claims arising from or related to any failure, delay or interruption to the Service.

6.2 You agree to co-operate as fully as reasonably required in the defence of any claim brought against us.

7. Disclaimer of Partnership

7.1 No agency, partnership, joint venture or employment is created as a result of the Service and you do not have any authority of any kind to bind us in any respect whatsoever.

8. Interception of Communication

8.1 Subject to the provisions of Regulation of Interception of Communications Act 70/2002 you hereby agree that we have the right to intercept, block, filter, delete, disclose and use all sms’s sent by you to us or received by us from you or sent from us to you in any lawful manner.