Terms & Conditions

Introduction

By accepting this agreement or by installing Squeaky or other software offered by or on behalf of Squeaky (the "Company") or by clicking "Install" or by browsing and using this website or by placing a bid in a Squeaky auctions or third party auctions, you represent and warrant to Squeaky that you have read and understood the Terms and Conditions in their entirety and that you agree to be bound by them in all respects.

Definitions

In these Terms and Conditions of Use, the following terms have the meanings assigned to them hereunder, unless the context clearly indicates otherwise:

• “Consent” means any freely given, specific and informed expression of will whereby natural people agree to the processing of personal information relating to them;
• “Consumer” means a consumer as defined in section 1 of the NCA;
• “Credit Bureau” means a credit bureau as defined in s43 of the NCA and registered as such with the National Credit Regulator of South Africa;
• “ECT Act” means the Electronic Communications and Transactions Act no25 of 2002;
• “NCA” means the National Credit Act no.34 of 2005, as amended;
• “User” means each natural person who has access to Squeaky Services or Platform. This includes Buyers and Sellers of assets. This also binds the Legal Entity that the User represents.
• “Member” means Legal Entity of the User. Contractual party that agrees to Terms and Conditions of Squeaky(the Company). The member is also responsible for the activities of their "Users".
• “the Company” means Squeaky Holdings t/a Squeaky;
• “Platform” means Squeaky products and services provided.
• “the Legal Entity” means the contractual party that agrees to the Terms and Conditions of Squeaky (the Company). This includes a natural person as well as an jurisdictive person. ;
• “Website” means a www.squeaky.info or any other associated website that the Company use to conduct it's business.
• “Consumer” means a consumer as defined in section 1 of the NCA;
• "Buy Price"-Certain vehicles are offered for sale with the "Buy Price" feature. Buy Price allows the User to purchase a vehicle immediately at a price set by the seller before or during the auction.
• "Opening Bid"-Minimum Price that the seller will accept for the goods on sale.
• "Bid Increment"- Indicates the next available bid price from the current bid.
• "Current Bid"- Highest Bid received on the asset.
• "asset"- goods for sale
• "Third Party Auctioneers"- independant members of the Squeaky platform that conducts their own auctions on the Squeaky Platform. These auctioneers have their own terms and conditions. As User / Member of the platform you are binded to the Third Party Terms and Conditions.

Variation

The content of the pages of this website, including product details and pricing, is for your general information and use only. It is subject to change without notice. We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website, and any products, services or information available through this website or other software that is offered by Squeaky, from the date of the publication of the revised terms and conditions on this website. It is your responsibility to check this page regularly to ensure you are familiar with the current version.

Limited Warranties

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Squeaky disclaims any responsibility for harm resulting from the Software or using the Software, whether or not Squeaky approved such software or content. Squeaky approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. Squeaky expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software. No advice or information, whether oral or written, obtained from Squeaky or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.

Limitations and Exclusions of Liability

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Squeaky total liability to you from all causes of action and under all theories of liability will be limited to $10.00. In no event and under no theory of liability will Squeaky be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not Squeaky has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.

Licence to Use Website , Portal or Software installed

This website or Squeaky software contains material which is owned by or licensed to us. This material includes, but is not limited to, content and product design, layout, look, appearance and graphics. Any redistribution or reproduction of part or all of this material in any form is prohibited other than in accordance with the following:

• This website and its content and products offered by Squeaky is copyright of. All rights reserved.
• You may print or download to a local hard disk extracts for your personal and non-commercial use only.
• You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
• You agree to use the software for lawful purposes only.
• THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ONINFRINGEMENT.
• Squeaky reserves the right to alter or remove any content, in it's sole discretion, that it may deem harmful to the portal or software or does not comply with the rules of the Auction.
• You take full responsibility for the use of your Login Credentials (username / password). Any activity/transactions under your login credentials will be for your account.
• It is your responsibility to evaluate Third Party Content available. Squeaky and its affiliates, and their directors, officers and employees are not liable for any loss, damage or harm caused by your reliance on Third Party Content obtained on or through out software or portal.

Unauthorised use of this material , use of the Squeaky software or this website may give rise to a claim for damages and/or be a criminal offence. Squeaky may immediately terminate and/or suspend your access to all or parts of the software, without any further notice to you.

Prohibited Conduct

The following activity is expressly prohibited:

• Any information collected from the portal , website or software installed for use by competing merchants.

External Links

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Auction Rules

The User / Member acknowledges that Squeaky (the Company):

• Is not the party to the sale of the asset.
• Does not warrant that the Buyer or Seller will perform their legal obligation to one another.
• Is not a party in a dispute between the Buyer or Seller of the goods.
• The contractual agreement exist between the buyer and seller of the asset.

Live Auction:

• This is an auction conducted by Squeaky. Each User / Member can submit an asset to the auction within the rules of the Squeaky Auction.

Live Covers:

• This is an auction venue conducted by Squeaky for Live Covers. Each User / Member can submit an asset to the venue within the rules of the Squeaky Live Covers Auction. Live Covers is an asset that is not owned by the seller therefor the sale is not guarenteed by the seller. The seller reserves the right to cancel the asset even when bids have have received on the asset. Depending on the Seller's requirement the asset can be allocated to any bid received.

Bids Received:

• Once a bid has been submitted, it cannot be retracted, deleted, or cancelled. Squeaky do reserves the right , in Squeaky's sole and absolute discretion , to cancel a bid due to system errors or acceptable user errors. User bid errors needs to be reported within 10 minutes of the error occurring. All prices are inclusive of VAT (Value added tax).

Bid Rejection:

• Squeaky reserves the right to reject or void bids for any reason, in Squeaky's sole and absolute discretion. Should a dispute arise regarding a bid, Squeaky is the exclusive deciding authority with sole and absolute discretion in resolving disputes.

Sale Cancellation:

• Squeaky may, in its sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw an asset from a sale. Squeaky will have no liability or obligation to Users / Members as a result of any vehicle withdrawal or sale cancellation or postponement. Squeaky also reserves the right to cancel or reverse a sale transaction in the event of fraud, material misrepresentation, or patent defect in the Vehicle Description or bidding information, as determined by Squeaky in its sole discretion.

Seller Allocations:

• The Seller of the assets in their sole and absolute discretion, may elect to accept one competitive bid over the other or may accept no bid at all.

Third Party Auctions:

• Squeaky will have no liability or obligation to Users / Members regarding the conduct of Third party auctioneers on the platform. Third party auctioneers are independant to the Squeaky Platform and can in no way bind Squeaky to their own terms and conditions. Please note that Third Party Auctioneers can have their own rules and terms in which they conduct their auctions. You as User / Member are binded to the Third Party Terms and Conditions.

Auction Variations:

• As several independant auctions can be conducted my members of the platform. Please ensure that you read the Terms and Conditions of the auctioneer. Each auction can have it's own rules regarding bid increments , Auction Order Types and Settlement Rules etc.

Term - Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration. These terms and conditions, or any part of them, may be terminated by Squeaky without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer and Limitation of Liability shall survive any termination.

Law and Jurisdiction

Your use of this website or installed Squeaky software and our products/services and any dispute arising out of such use is subject to the local laws of South Africa.

Your concerns

If you have any questions, contact us at :
info@squeakyterminal.com