Terms of Service

TERMS OF SERVICE
Welcome to Yastic. Yastic and/or its affiliates ("Yastic", “we” or “us”) provide this website
(“Site”) and the services available through this Site (“Services”) to you subject to the
following conditions. If you visit or shop at this Site, you accept these terms and conditions
(“Terms”). Please read them carefully. We reserve the right, in our sole discretion, at any
time to modify, discontinue or terminate the Site and Services, or modify these Terms
without advance notice. No material changes to these Terms will be effective unless we
have provided you with notice of such changes. If such changes are not acceptable to you,
your sole remedy is to cease using this Site and Services, and if applicable, cancel your
Site account. By continuing to access or use this Site and Services after we have notified
you of the revised Terms, you agree to be bound by such revised Terms.
SITE ACCESS
Subject to your compliance with these Terms, Yastic grants you a limited license to access
and make personal use of this Site and not to download or modify it, or any portion of it,
except with express written consent of Yastic. This license does not include any resale or
commercial use of this Site or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this Site or its contents; any downloading or
copying of account information for the benefit of others; or any use of data mining, robots,
or similar data gathering and extraction tools. This Site or any portion of this Site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except as
expressly permitted under these Terms. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Yastic without express written consent. You may not use any meta tags
or any other "hidden text" utilizing Yastic's name or trademarks without the express written
consent of Yastic. Any unauthorized use terminates the permission or license granted by
Yastic. You may not use any Yastic logo or other proprietary graphic or trademark as part
of a link to our Site without our express written permission.
ELIGIBILITY
By registering, you agree that you are 18 years of age or older and able to enter into
binding contracts. Employees of Yastic and their immediate families, investors and their
immediate families, and advisors and their immediate families are not eligible to use the
site or bid on auctions.
YOUR ACCOUNT
In order to access certain features of the Site and Services, and to post content as
described below, you must create an account with us - either through sending a text bid or
connecting with Facebook. You may register with only one Facebook account. If you
register with multiple Facebook accounts for any reason whatsoever Yastic will not deliver
the product to you if you win an auction, and will delete as many as all of your accounts.
You are responsible for maintaining the confidentiality of your account and password and
for restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. Yastic reserves the right to refuse
service, terminate accounts, cancel orders or disqualify you when in Yastic’s sole opinion
you have violated the terms of this agreement.
PURCHASING AND PAYING FOR BID TOKENS
In general, bids cost money. Bids are paid for by sending an SMS to our premium rate
number. When the SMS is sent, money is deducted from your cellphone bill - airtime or
contract. Refunds will not be issued for used bids, or free bids.
HOW Yastic WORKS
With each bid placed the price of the item on which you are bidding increases by the
amount specified usually 15-30c (ZAR). Each new bid adds time to the auction in an
amount equal to one minute. The auction ends when the auction clock reaches zero. The
final bidder is declared the winner. Disputes over auction winners will be decided based on
the records maintained by Yastic. Decisions made by Yastic in these instances shall be
final and binding. Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you to
buy the item bid upon for a price equal to the Yastic retail price less the value of all bids
used by you during the auction. The option to “Buy It Now” will be offered for a limited
period of time (usually 24 hours after the auction ends) after which the option to “Buy It
Now” is revoked.
WINNING THE AUCTION/PAYMENT FOR “BUY IT NOW”
After an auction has ended, the successful bidder will be telephoned for the auction win to
be confirmed. Payment and shipping information will be dealt with over the telephone.
Auction winners will have 14 days to make payment. After this 14 day period has elapsed,
the ability to claim the item won at auction will be revoked. Similarly, users who choose to
“Buy It Now” will be presented with a website page that will allow the user to confirm the
desire to “Buy It Now” will be telephone. Users have up to 24 hours after the close of an
auction to use the “Buy It Now” feature.
RETURNS
You may not return a product either bought with Buy It Now or won.
SHIPPING
If there are shipping costs they will be clearly displayed for each item. The successful
bidder or user choosing the “Buy It Now” option will be responsible for the full shipping
costs as displayed. Delivery will be made from our suppliers or from our warehouse to the
address supplied by the user. Unless otherwise stated, delivery is available within South
Africa. Delivery times may vary. Stated delivery times should be considered to be
guidelines and are not delivery guarantees. Yastic shall be entitled to involve third parties
to satisfy its contractual obligations without being required to notify the buyer. You are
responsible for inspecting the item and reporting any damage to the item to Yastic
promptly upon taking delivery.
SYSTEM OUTAGES
At present, and with current technology it is not possible to operate with 100% guaranteed
uptime. In some cases, system outages may interrupt the ability to view or bid upon
auctions. In this case, Yastic will halt all auctions and bidding on those auctions until the
system outage is resolved. Auctions that are halted will be clearly designated as such.
Yastic will make commercially reasonable efforts to resume the auctions after the outage is
resolved. In the event of a system wide outage that prevents you from bidding, Yastic will
refund bids used in auctions that you were participating in at the time of the auction.
THIRD PARTY WEBSITES
Our Site may contain links to other websites operated by third parties, and these sites may
likewise contain links to other websites. We assume no liability for the content of external
links. The operators of the sites linked to and from the Site are solely responsible for their
contents. You should carefully review the terms and conditions of such sites, including their
privacy policies, before visiting them.
WHAT YOU MUST NOT DO
The Site and Services may be used and accessed for lawful purposes only. You agree to
be bound by all applicable local, state, national and foreign laws, treatises and regulations
in connection with your use of the Site and Services. In addition, without limitation, you
agree that you will not do any of the following while using or accessing the Site or
Services: (a) Circumvent, disable or otherwise interfere with security related features of the
Site or features that prevent or restrict use or copying of any content; (b) Upload, stream,
email or otherwise transmit any content in violation of these Terms; (c) Use any meta tags
or other hidden text or metadata utilizing name, trademark, URL or product name
incorporating “Yastic”; (d) Upload, stream, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid
schemes” or any other form of solicitation, as well as viruses or other computer code that
may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the
access of any user to the Site or the Services; (e) Forge any TCP/IP packet header or any
part of the header information in any posting or in any way use the Site or Services to send
altered, deceptive or false source-identifying information; (f) Attempt to probe, scan or test
the vulnerability of any system or network or breach or impair or circumvent any security or
authentication measures protecting the Site or Services; (g) Attempt to decipher,
decompile, disassemble or reverse engineer any of the software used to provide the Site
or Services, (h) Collect or store personal data about other users without their express
permission; (j) Impersonate or misrepresent your affiliation with any person or entity,
through pretexting or some other form of social engineering or otherwise commit fraud or
(k) Encourage or instruct any other individual to do any of the foregoing or to violate any
term of these Terms. (l) Use any third party bidding software or other "bot" to assist in
bidding or harvesting site data.
LIMITATION OF LIABILITY
IN NO EVENT WILL Yastic BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF Yastic HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, Yastic's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID BY YOU TO Yastic FOR BID TOKENS IN THE 12-MONTH
PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY.
DISCLAIMER OF WARRANTIES
THE ITEMS THAT YOU MAY WIN ON THE SITE ARE SOLD WITH THE
MANUFACTURE’S LIMITED WARRANTY ONLY. YOU ACKNOWLEDGE AND AGREE
THAT THE WARRANTY PERIOD VARIES BY MANUFACTURER AND PRODUCT. NO
WARRANTY APPLIES TO USED ITEMS. IF FOR ANY REASON YOU ARE NOT
SATISFIED WITH ANY ITEMS PURCHASED THROUGH THE SITE OR WISH TO
RECEIVE SUPPORT, YOU MUST CONTACT THE MANUFACTURER. EXCEPT AS
OTHERWISE EXPRESSLY SET FORTH HEREIN, THE SITE, THE SERVICES AND THE
PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND AND Yastic EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
RELATING THERETO, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
FURTHERMORE, Yastic DISCLAIMS ANY WARRANTIES: (I) REGARDING THE
SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE
SITE AND THE SERVICES; AND (II) THAT THE SITE AND THE SERVICES WILL BE
ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Yastic,
INCLUDING WITHOUT LIMITATION ANY DATA OR BIDDING STRATEGIES PROVIDED
UNDER THESE TERMS, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THERE IS
NO GUARANTEE THAT YOU WILL BE ABLE TO WIN ITEMS ON WHICH YOU HAVE
BID, AND THAT EVERY TIME YOU PLACE A BID FOR AN ITEM, SUCH BID IS
DEDUCTED FROM YOUR USER ACCOUNT AND CAN NO LONGER BE USED,
WHETHER OR NOT YOU WILL BE ABLE TO WIN THE ITEM.
INDEMNIFICATION
You agree to defend, indemnify, and hold Yastic, its officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and expenses,
including without limitation reasonable attorney’s fees and costs, arising out of or in any
way connected with (i) your access to or use of the Site and/or the Services; (ii) your
violation of these Terms; (iii) your violation of any third party right, including without
limitation any intellectual property right, publicity, confidentiality, property or privacy right;
or (iv) any claim that any of your content caused damage to a third party.
MISCELLANEOUS
THESE TERMS AND ANY DISPUTE RELATING TO THESE TERMS WILL BE
GOVERNED BY THE LAWS OF SOUTH AFRICA. YOU AND Yastic AGREE AND
CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT
FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING
TO Yastic OR THE MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS
LOCATED IN CAPE TOWN, SOUTH AFRICA.