These terms and conditions (the ‘Terms and Conditions’) govern any participation in this charitable auction (the “Auction”). By bidding in the Auction, you expressly agree to be bound by these Terms and Conditions.
1.The Cape Leopard Trust. (‘CLT’)
1.1 Proceeds of this Auction, conducted on behalf of SA Mint, will be donated to The Cape Leopard Trust. The successful bidder will be asked to make immediate payment by electronic funds transfer (EFT) in accordance with Clause 6.2. Full details will be supplied to the bidder when the auction concludes. See clause 4.4 below.
1.2 SA Mint and Cape Leopard Trust staff and relatives are excluded from taking part in the Auction.
2. Legal status of bids
2.1 Each placement of a bid will constitute a legal offer which, on acceptance by SA Mint and the CLT, will form an agreement which will be binding on the bidder.
2.2 For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the item or items being offered for auction (the ‘Items’) have been received.
3. Bidding process
3.1 Persons wishing to enter the Auction must register on the website www.legacylive.co.za with their full name, contact details and bid amount.
3.2 All entries must be received by 18:00pm (Central African Time CAT) on the closing date of the auction (15 November 2014).
3.3 The winning bid in the Auction will be the highest bid which meets any conditions which may be applicable (the ‘Winning Bid’).
3.3 If a bid is followed by a higher bid that is later removed for any reason, it will be open to SA Mint and the CLT to accept the earlier bid, as though the higher bid had never been made.
3.4 If a bid is successful, The SA Mint will notify the bidder by telephone or email to confirm the amount of the Winning Bid, details of the Items, and to arrange payment and delivery.
3.5 If there is any delay or technical difficulty involved in executing payment by the successful bidder for the amount of the Winning Bid, SA Mint and CLT reserve the right to offer the Items to the next highest bidder.
3.6 SA Mint and CLT reserve the right to refuse or remove bids in its absolute discretion if….
3.7 SA Mint reserves the right to close the Auction early or to extend it at any time and at its discretion.
3.8 Further to clause 4.7 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
4.9 If there is a dispute between bidders, SA Mint and CLT is under no obligation to become involved in such a dispute. SA Mint and CLT, its officers, employees and agents are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.
5.1 An Electronic Funds Transfer EFT must be received within ten  working days of the winning bidder receiving confirmation that the bid is the winning bid. SA Mint and CLT cannot accept any liability for payments not received.
5.2 Unless otherwise agreed by SA Mint and CLT, Items will not be released to the Winning Bidder until payment has been received and cleared funds have been received.
5.3 The Winning Bidder is responsible for any bank charges or costs that may accrue due to currency conversion or international payment gateways.
7.1 The auction will be conducted in South African Rands (ZAR).
7.2 The amount of the Winning Bid shall be inclusive VAT at 14%
8.1 SA Mint and CLT endeavours to ensure that the information and other material on the Online Auction Website www.legacylive.co.za are correct and complete, but does not accept liability (except as set out below) for any errors or omissions from these Terms and Conditions.
8.2 SA Mint and CLT will make all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
9. Data Protection
9.1 SA Mint complies with the provisions of the Data Protection Act 1998, under South African Law in processing personal information. As such, your personal information will be held confidentially by SA Mint and will only be used by SA Mint or disclosed to a third party if such use or disclosure is required for the purposes of delivering the Items to the winning bidder or as otherwise instructed by you.
9.2 If necessary, SA Mint and CLT will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.
10.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
11. Third Party Rights
11.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999, under South African Law, which are enforceable by any person who is not a party to this Agreement.
14.1 All bidders agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or these terms and conditions must be filed within one (1) year after such claim or cause of action arises or be forever barred.
15.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa whose courts shall be courts of competent jurisdiction.
Access to and participation by you in the Auction is confirmation that you have understood and accepted the above Terms and Conditions.
16. The Cape Leopard Trust is Registered as a Charity with PBO Number 930 016 841.