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Terms of Service
TERMS OF SERVICEWelcome 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 thefollowing 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 anytime to modify, discontinue or terminate the Site and Services, or modify these Termswithout advance notice. No material changes to these Terms will be effective unless wehave 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 notifiedyou of the revised Terms, you agree to be bound by such revised Terms.SITE ACCESSSubject to your compliance with these Terms, Yastic grants you a limited license to accessand 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 notbe reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited except asexpressly permitted under these Terms. You may not frame or utilize framing techniques toenclose any trademark, logo, or other proprietary information (including images, text, pagelayout, or form) of Yastic without express written consent. You may not use any meta tagsor any other "hidden text" utilizing Yastic's name or trademarks without the express writtenconsent of Yastic. Any unauthorized use terminates the permission or license granted byYastic. You may not use any Yastic logo or other proprietary graphic or trademark as partof a link to our Site without our express written permission.ELIGIBILITYBy registering, you agree that you are 18 years of age or older and able to enter intobinding contracts. Employees of Yastic and their immediate families, investors and their immediate families, and advisors and their immediate families are not eligible to use thesite or bid on auctions.YOUR ACCOUNTIn order to access certain features of the Site and Services, and to post content asdescribed 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 youregister 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 allactivities that occur under your account or password. Yastic reserves the right to refuseservice, terminate accounts, cancel orders or disqualify you when in Yastic’s sole opinionyou have violated the terms of this agreement.PURCHASING AND PAYING FOR BID TOKENSIn general, bids cost money. Bids are paid for by sending an SMS to our premium ratenumber. 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 WORKSWith each bid placed the price of the item on which you are bidding increases by theamount specified usually 15-30c (ZAR). Each new bid adds time to the auction in anamount equal to one minute. The auction ends when the auction clock reaches zero. Thefinal bidder is declared the winner. Disputes over auction winners will be decided based onthe records maintained by Yastic. Decisions made by Yastic in these instances shall befinal and binding. Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you tobuy the item bid upon for a price equal to the Yastic retail price less the value of all bidsused by you during the auction. The option to “Buy It Now” will be offered for a limitedperiod of time (usually 24 hours after the auction ends) after which the option to “Buy ItNow” 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 tobe 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 thedesire to “Buy It Now” will be telephone. Users have up to 24 hours after the close of anauction to use the “Buy It Now” feature.RETURNSYou may not return a product either bought with Buy It Now or won.SHIPPINGIf there are shipping costs they will be clearly displayed for each item. The successfulbidder or user choosing the “Buy It Now” option will be responsible for the full shippingcosts as displayed. Delivery will be made from our suppliers or from our warehouse to theaddress supplied by the user. Unless otherwise stated, delivery is available within SouthAfrica. Delivery times may vary. Stated delivery times should be considered to beguidelines and are not delivery guarantees. Yastic shall be entitled to involve third partiesto satisfy its contractual obligations without being required to notify the buyer. You areresponsible for inspecting the item and reporting any damage to the item to Yasticpromptly upon taking delivery.SYSTEM OUTAGES
 
At present, and with current technology it is not possible to operate with 100% guaranteeduptime. In some cases, system outages may interrupt the ability to view or bid uponauctions. In this case, Yastic will halt all auctions and bidding on those auctions until thesystem 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 isresolved. In the event of a system wide outage that prevents you from bidding, Yastic willrefund bids used in auctions that you were participating in at the time of the auction.THIRD PARTY WEBSITESOur Site may contain links to other websites operated by third parties, and these sites maylikewise contain links to other websites. We assume no liability for the content of externallinks. 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 DOThe Site and Services may be used and accessed for lawful purposes only. You agree tobe bound by all applicable local, state, national and foreign laws, treatises and regulationsin connection with your use of the Site and Services. In addition, without limitation, youagree 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 theSite 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 tagsor other hidden text or metadata utilizing name, trademark, URL or product nameincorporating “Yastic”; (d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramidschemes” or any other form of solicitation, as well as viruses or other computer code thatmay interrupt, destroy, limit the functionality of the Site or the Services, or interfere with theaccess of any user to the Site or the Services; (e) Forge any TCP/IP packet header or anypart of the header information in any posting or in any way use the Site or Services to sendaltered, deceptive or false source-identifying information; (f) Attempt to probe, scan or testthe 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 Siteor Services, (h) Collect or store personal data about other users without their expresspermission; (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 anyterm of these Terms. (l) Use any third party bidding software or other "bot" to assist inbidding or harvesting site data.LIMITATION OF LIABILITYIN NO EVENT WILL Yastic BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYCONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES ARISING FROM YOURUSE OF THE SERVICES, EVEN IF Yastic HAS BEEN ADVISED OF THE POSSIBILITY

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