Terms and Conditions (“Terms”)
Last updated: 20 August 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before registering for and using the Certified Wagyu Breeders (CWB) mobile application, https://foundationwagyu.com, http://auctions.certifiedwagyu.co.za, https://foundationwagyu.com/*, http://cwb.altumsystems.com or http://altumsystems.com/* and any other related websites (the “Service”) operated by Altum Systems (Pty) Ltd (“us”, “we”, or “our”) on behalf of Certified Wagyu Breeders (as “software systems licensee”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Service Use and Bidding on Auction (Use of the Service)
If you wish to bid on any product or item made available through the Service (“Bidding”), you will be asked to supply certain information relevant to your usage including, without limitation, your name, surname, South African identity number and image of the first page of your South African identity book or photo side of your South African identity card, picture, validated email address, physical address, internet protocol address, and where applicable, login code or name, username and password and the details of the means by which payment will be affected and other personal and/or business information required by the Service. Registration for the Service is compulsory for all users of the Service.
The Service facilitates an auction software platform and computer program supplied for the management of auctions. To enable bidding via the Service, registered users of the Service have to individually register for each auction separately via the Service. Each auction available on the Service has its own unique Rules of Auction, Terms & Conditions and/or Special Conditions of Sale. These have to be accepted separately in addition to these terms and conditions in order to bid on any individual auction facilitated via the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Altum Systems (Pty) Ltd.
Altum Systems (Pty) Ltd has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Altum Systems (Pty) Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Legal Business Status
Altum Systems (Pty) Ltd is not an “Auctioneer” or “Auction House”, and does not conduct auctions as its business. The company only provides software and systems to third-party customers under separate licence agreements. No user of the Service enters into commercial transactions or agreements with Altum Systems (Pty) Ltd unless under separate written contract as a software licensee.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Intellectual Property Rights and Copyright of the Service
All copyright and intellectual property rights of the Service and its source code and computer programmes and software, including methodologies, vest only in Altum Systems (Pty) Ltd. No user can copy anything related to the Service and its source code or functionality. All content contained in the Service, its associated presentations and visual material as well as all other related items, documentation and associated communication, source code and processes form the intellectual property of Altum Systems (Pty) Ltd only. Nothing of this Service and its related presentations, visual material and communication can be used for any purpose whatsoever without the explicit written permission of Altum Systems (Pty) Ltd.
Availability of the Service
The Service is made available through mobile and internet technologies and with accepted technological standards and safeguards. No guarantees are made in terms of the availability of the Service, internet connections, speed of connections of, to and from the Service, system latency, intermittent connections or unavailability or speed of the Service. If the Service is unavailable for any reason, including but not limited to general internet, specific connections, server, database or other system unavailability, Altum Systems (Pty) Ltd cannot be held liable for any loss or damage incurred as a result of such system unavailability of its own systems or those of other third-party service providers. System speed and Service availability are not guaranteed. Users are responsible for their own access to and speed of internet connections, including the ability to send and receive data via mobile and internet connections. The System may be unavailable without notification to users of such unavailability. The System may be intermittently unavailable without notification to users of such intermittent unavailability. The System may at times be experienced by users as slow, unresponsive or frozen. Users may close and reopen the Service at these times to potentially rectify any possible System unavailability. Closing and reopening the Service may or may not rectify experienced unavailability.
Protection of Personal Information
When you register for the Service, the use of your personal information by Altum Systems (Pty) Ltd is limited to that which is necessary for its specific purpose. You are hereby informed that your personal information is being collected, that retention of your personal information will not be kept for any longer than is necessary for achieving the purpose for which the information was collected (the Service) and that the integrity and confidentiality of the information is secured through accepted technological standards and safeguards such as encryption, SSL (https) and firewall protection of databases. However, complete protection against any data breach cannot be guaranteed.
Username and Password: Access to the Service
The protection of your own unique and personal username and/or password for access to the Service is your responsibility only. Altum Systems (Pty) Ltd cannot be held liable for any loss or damage incurred as a result of inadvertent actions when using the Service, nor can we be held liable if unauthorized access is gained to the Service with your unique username and/or password. After registration, when the Service is used with your unique username and/or password, you are personally identified as the only user using the Service. In addition to your username and password, a unique eight-digit system code is assigned to you via the Service.
We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from reliance on the Service, the information contained in the pages of this mobile app, the usage of your personal unique username and/or password and related websites or any use thereof.
If you have any questions about these Terms, please contact us: firstname.lastname@example.org. For more information and address details, visit altumsystems.com.