Privacy Policy and Conditions of Business

 

1. Introduction

Mrs South Africa 2021 Finalist Jo Judnick Wilson has created this auction titled “Canvas for Cansa” a charitable event, for the purposes of raising awareness and funds for CANSA (Cancer Association of South Africa) by selling donated artwork.

All profits will be donated to the Cancer Association of South Africa.

All finalists of the 2021 Mrs South Africa pageant are required to create and host their own charity to event to raise money for a charity of their choice.

“Build her tomorrow” is a personal project and passion of Jo Judnick Wilson. The goal being to elevate, highlight, support, and rally behind the women in South Africa. Women in sport, arts & culture, science & technology, and small business. The risk takers, the thought leaders, the game changers.

The “Build her tomorrow” website https://buildhertomorrow.com/ will be used to host the online auction – “Canvas for Cansa”.

It is important to note that some of artists who have kindly donated their artwork have requested only that the costs of the materials be paid back. In these few cases, if the artist’s artwork is successfully sold the artist will reimbursed for the material costs of the artwork they provided.

2. No Warranties

This is a charity event; the website has been designed and created internally to avoid incurring costs. Whilst every care has been taken in creating the website to ensure the information is accurate and all features work, there may be errors.

For that reason, “Build her tomorrow” give no warranties, conditions, guarantees or representations, expressed or implied, as to:

The completeness or accuracy of information or any advice that maybe contained on the website and/or application or any website to which it is linked.

The content of the marketing and information appearing on the website and/or application, including but not limited to, the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any services “Build her tomorrow” offers.

3. No obligation unless in writing

We will not be bound to any allegations that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the website and/or application, support and/or any other form of communication. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the website and/or application cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.

 

4. Copyright and Intellectual Property Rights

All intellectual property including trademarks, names, and logos, whether registered or not, embodied in the content published on the website and/or application, are the proprietary marks of “Build her tomorrow”. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these Terms in any way confers on you any licence or right under any trademarks, names, or logos.

All rights, including copyright, in the content of the website and/or application and the information, statistics, published photographs displayed on the website and/or application from time to time are owned and/or controlled by us.

Except as expressly permitted by these Terms, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract, by way of “scraping” or otherwise, or re-utilise any of the contents of the website and/or application or authorise any person, or procure any other person to do so.

5. Limitation of liability

The website and/or application and all content on the website and/or application, are provided on an “as is” basis, and may include inaccuracies or typographical errors and “Build her tomorrow”, suppliers, employees, directors, partners, affiliates, and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any act or omission.

“Build her tomorrow” will not be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the website and/or application or any functionality, or of any linked website and/or application to the extent permissible by law.

The content of and information appearing on the website and/or the application may be altered, amended, or updated from time to time and may at times be out of date. We will not be held to any previously existing representations, terms, conditions, or other information subsequently altered on the website and/or application. We accept no responsibility for keeping the information and content on the website up to date nor do we accept any liability for any failure to do so.

“Build her tomorrow” exclude all representations and warranties relating to the access to and use of the website and/or application, whether they are statutory or otherwise, as far as is possible by law.

“Build her tomorrow” will carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum, we cannot guarantee that the website will be continuously available on-line. We therefore provide the website on an “as is” and “as available” basis.

“Build her tomorrow” does not warrant that the website (or websites which are linked to the website) and/or application is free from computer viruses or any other malicious or impairing computer programs. It is the user’s responsibility to ensure that you use appropriate virus protection software.

6. Interception of communications:

Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. “Build her tomorrow” will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that you make through the internet, or that you expressly or implicitly authorise to make, or for any errors or any changes made to any transmitted information.

To ensure acquaintance with and awareness of the privacy measures and policies of “Build her tomorrow”, you are urged to take care to read and understand the ‘Privacy Statement’ on our website.

 

Privacy Policy

Updated 5 November, 2021

This privacy policy (the “Privacy Policy”) tells you how we use your information when you use the “Build her tomorrow” (“We,” “Us” or “Our”) website(s) (the “Site”) and mobile application(s) (the “Application”) made available by Jo Judnick Wilson and or “Build her tomorrow” (“Invaluable”) (collectively, the “Processors”). Our Terms and Conditions of Use and Conditions of Sale are incorporated by reference.

The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”). Pursuant to our agreement with the Processors, we are the owner of any information collected through the Site.

This Privacy Policy is only applicable when users access the Site and the Application and may not be applicable to information collected by Us in other channels (for example, valuation services, subscriptions to catalogues, telephone bid transactions, etc.). We share your information with the Processors, and by conducting a transaction using the Application, you consent to that sharing. This policy covers only information shared with Us.

What types of information does the Site and the Application collect?

Our Processors collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application.

When you register with Us and use the Services, we ask that you provide your name, email address, username and password. You can also choose to provide us with additional information, such as a contact phone number. All the information listed in this paragraph is collectively referred to as your “Personal Data”. This Personal Data is necessary to provide you with the Application and we are processing this Personal Data in accordance with your request.

If you choose to purchase an item at auction, your payment information is processed by a third-party payment processor. Please carefully read the section titled “Processing Payments for Auction Items” below. All payment information is necessary to process for the purpose of completing the transaction that you have requested with Us.

The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

In addition, we automatically collect certain information and analytical data related to your use of the Site and Application (“Usage Information”). In the aggregate, this Usage Information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, location and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Personal Data. Usage Information is necessary for the operation and optimization of the Site and the Application.

How do you use my information, and how long do you keep it?

We use collected information, including Personal Data, to make available and to improve our standard of reliable services. We use such information to:

respond to inquiries or service requests and monitor such responses;

provide information about and market our products or services;

enable transactions conducted between you and the Auction House using the Application;

resolve problems; and

manage the Site and Application and assess usage of the Services.

We will retain Personal Data for as long as you continue to use the Site and/or Application and as long as is necessary thereafter to meet our obligations to the Auction House or legal obligations. We will retain Aggregate Information for up to 24 months.

How do you share my information with others?

Invaluable hosts the Site and Application and provides the Services in connection with and on Our behalf, under our direct control. [[We do not sell or rent your Personal Data to third parties.]] We share your Individual Information and Usage Information with Invaluable for their business purposes, in order to fulfill their obligations to Us. Invaluable has their own privacy policies and you should consult them for information on how they use your information.

Processing Payments for Auction Items

Processors use third-party credit card processors to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with our third-party payment processors for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us, nor Processors. We have entered into agreements (including data processing agreements for our users located in the European Economic Area) with our payment processors to protect and secure your information. If you would like information on our payment processors, please contact us at jo@buildhertomorrow.com

 

Service Providers

We may disclose Personal Data to our third-party service providers to provide you with the Services, including our third-party payment processor. We share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure, and improve our Site, Application and Services.

Legal Processes

We may disclose information, including Personal Data, which we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.

We may disclose Personal Data to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you) and may request identity verification before disclosing Personal Data in such a case.

As with any other business, it is possible that in the future we could merge with or be purchased by another company. If we are acquired, the company that acquires us would have access to the information maintained by us, including Personal Data, but would continue to be bound by this Privacy Policy unless and until it is amended.

Aggregate Information

We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

How do I change, delete or access my Personal Data?

You may view, change, or access your Personal Data at any time by logging into the Services and changing your account information. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at jo@buildhertomorrow.com.

How do the Services use cookies or other technologies?

We collect certain information about your mobile device automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, location, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications. Certain Application features may only be available through the collection and use of this type of “cache data”. We may use cache data to assist in data collection and to track Application usage and trends to help us better serve you.

 

We may use third party analytics services on our website, such as Google Analytics. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to analyze use of our website. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google. We use this information only to improve the Services, but do not combine it with personally identifiable information. See our Cookie Policy for further information on our use of cookies.

 

How do you protect my information?

The Processors have implemented industry standard information security practices including administrative, physical, and technical measures to protect your Personal Data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at [[privacy@[Auction House.com]]] You must promptly notify us if you become aware that any information provided by or submitted to in connection with the Services is lost, stolen, or used without permission.

If you have general concerns or questions regarding the security of information collected, processed, or stored by the Site and/or Application, you can contact us at jo@buildhertomorrow.com.

 

Effective Date; Policy Changes

Each time you use the Services, the current version of the Policy will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of Personal Data collected in the past without the consent of affected customers.

Notice to California Residents

California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at jo@buildhertomorrow.com.

 

For Users Located in the European Economic Area (EEA)

If you are located in the EEA, effective May 25, 2018, under the terms of the General Data Protection Regulations (the “GDPR”) you are entitled to certain information regarding your Personal Data and our legal basis for collecting and processing such Personal Data.

Pursuant to our agreement with Invaluable, We are the Data Controller as defined by the GDPR and Invaluable is the Processor as defined by the GDPR.

 

Purpose	Examples of Personal Data	Legal grounds for processing
	(Please note that the list is not exhaustive)
To provide you with requested services (for example, bidding, shipping, payment)	Name, contact details (including email address, postal address, telephone number)	Performance of a contract
	Your payment card details
	Records of your communications with use (including bidding instructions recorded in online bidding logs)
To evidence our compliance with legal requirements	Details of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid)	Compliance with a legal obligation
	Any information relating to a dispute or legal proceeding
To provide you with details about upcoming auctions or other events from the Auction House	Your name, email address	Legitimate interests
	Your marketing and communication preferences (“Build her tomorrow”)
To monitor the performance of our Site and Application and make your user experience better	Your IP address	Legitimate interests
	Your browser type, device ID, and operating system
	The resources your access on your “Build her tomorrow” account and the Services
	The data obtained from cookies, web logs, and other similar technologies that monitor the use of our Site and Application

 

 

Rights of EEA residents

You may have rights of access, correction, or deletion of your Personal Data. You may access or correct Personal Data at any time through your account. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at customercare@invaluable.com and we will forward your request to the Auction House. For all other data subject requests under EEA laws, we will cooperate with the Auction House as the controller of your Personal Data.

 

Is my Personal Data transferred out of the EEA?

The Processor may be located in the United States and provide our Services from the United States, and as such, your Personal Data may be held in our servers located in the United States. The United States does not have the same data protection laws as in the EEA. The Processor have certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of your information transferred from any country in the EEA or Switzerland (as applicable) to the United States. To read Invaluable’s Privacy Shield statement [[CLICK HERE]]. To learn more about the Privacy Shield program, and to view the Processor certification, please visit HTTPS://WWW.PRIVACYSHIELD.GOV/LIST. In addition to Invaluable’s Privacy Shield certification, Invaluable provides the Services to Us as a data processor pursuant to instructions and a data processing agreement.

Contact Us

To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Application, please email us at:

jo@buildhertomorrow.com.

 

Interpretation

This Privacy Policy is intended to be interpreted in the English language, and any translation is made for the convenience of the parties only. In the event of a conflict between the English and the translated versions, the English version will control and supersede.

 

Conditions of Business

1. Introduction

 “Canvas for Cansa” a charitable event, for the purposes of raising awareness and funds for CANSA (Cancer Association of South Africa) by selling donated artwork.
All profits will be donated to the Cancer Association of South Africa.
“Build her tomorrow” is a personal project and passion of Jo Judnick Wilson. The goal being to elevate, highlight, support, and rally behind the women in South Africa. Women in sport, arts & culture, science & technology, and small business. The risk takers, the thought leaders, the game changers.
The “Build her tomorrow” website https://buildhertomorrow.com/ will be used to host the online auction – “Canvas for Cansa”.
Please note that some of artists who have kindly donated their artwork have requested only that the costs of the materials be paid back. In these few cases, if the artist’s artwork is successfully sold the artist will reimbursed for the material costs of the artwork they provided.

2. CONDITIONS MAINLY CONCERNING BUYERS

2.1 The buyer

2.1.1 Any dispute of whatever nature about any bid or about the identity of the buyer (including without limitation any dispute about the validity of any bid, or whether a bid has been made, or any dispute between two or more bidders or between the auctioneer and one or more bidders) shall be determined at the auctioneer’s absolute discretion.

2.1.2 Every bidder shall be deemed to act as principal unless, prior to the commencement of any auction, “Build her tomorrow” provides a written acknowledgement that a particular bidder is acting on behalf of a third party.

2.1.3 All bidders wishing to make bids or offers in respect of any artwork must complete a registration form prior to that artwork being offered for sale, which registration form will include an acknowledgement by the bidder that he is acquainted with and bound by these general conditions of business. Bidders shall be personally liable for their bids and offers made during any auction and shall be jointly and severally liable with their principals if acting as agent.

2.1.4 Bidders are advised this is an online or virtual auction only. Only bids submitted via the website will be accepted. No bids will be accepted by any other means such as email or by telephone.

 

2.2 Examination of Artwork

2.2.1 It is the responsibility of all prospective buyers to examine and satisfy themselves as to the condition and appearance to it matches any oral or written description provided by the seller and/or “Build her tomorrow”. of each artwork prior to the placing a bid. All illustrations of an artwork in any catalogue are intended merely as guidance for bidders and do not provide definitive information as to colours, patterns, or damage to any artwork.

2.2.2 “Build her tomorrow” shall not be liable for any error, misstatement, or omission in the description of an artwork (whether in any catalogue or otherwise) unless “Build her tomorrow”, its employees or agents, engaged in intentional misleading or deceptive conduct.

 

2.2.3 In bidding for any artwork, all bidders confirm that they have not been induced to make any bid or offer by any representation of the seller of “Build her tomorrow”.

 

2.3 Exclusions and limitations of liability to buyers

2.3.1 “Build her tomorrow” takes no responsibility if an artwork sold to a buyer proves to be a forgery (which will only be the case if an expert appointed by “Build her tomorrow” for such purpose confirms same in writing). The buyer may (as his/her sole remedy hereunder or at law) return the artwork to “Build her tomorrow” within thirty days of the date of the sale of that artwork in the same condition in which it was as at the date of sale, together with a written statement by the buyer detailing the defects to the artwork, the date of the sale and the number of the artwork. Should “Build her tomorrow” be satisfied in its absolute discretion that the artwork is a forgery and that the buyer is capable of transferring good and marketable title to the artwork to a third party purchaser thereof, free from any encumbrances and other third party claims, the sale of that artwork shall be set aside and the hammer price of that artwork shall be refunded to the buyer, provided that the buyer shall have no rights against “Build her tomorrow” (whether under these general conditions of business, at law or otherwise) if :

2.3.1.1 the only method of establishing that the artwork was a forgery was by means of a scientific process not generally accepted for use until after publication of the catalogue in which that artwork was identified for purposes of the auction at which it was sold or by means of a process which was impracticable and/or unreasonably expensive and/or could have caused damage to the artwork;

2.3.1.2 the description of the artwork in the catalogue in which that artwork was identified for purposes of the auction at which it was old was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was conflict of such opinion;

2.3.1.3 a buyer’s claim (whether in contract, delict or otherwise) shall always be limited to an amount equal to the hammer price of the artwork;

2.3.1.4 the benefits of this condition shall not be transferable by the buyer of any artwork to a third party and shall always rest exclusively with the buyer.

2.3.2 neither “Build her tomorrow” nor the seller :

2.3.2.1 shall be liable for any omissions, errors or misrepresentations in any information (whether written or otherwise and whether provided in a catalogue or otherwise) provided to bidders, or for any acts or omissions in connection with the conduct of any auction or for any matter relating to the sale of any artwork, including when caused by the negligence of the seller, “Build her tomorrow”, their respective employees and/or agents;

2.3.2.2 gives any guarantee or warranty to bidders other than those expressly set out in these general conditions of business (if any) and any implied conditions, guarantees and warranties are excluded;

2.3.3 Without prejudice to any other provision of these general conditions of business, any claim against “Build her tomorrow” and/or the seller of an artwork by a bidder shall be limited to the hammer price (final price at the time the auction closes) of the relevant artwork. Neither “Build her tomorrow” nor the seller shall be liable for any indirect or consequential losses.

 

2.3.4 A purchased artwork shall be at the buyer’s risk in all respects from the fall of the auctioneer’s hammer (final price at the time the auction closes), whether or not payment has been made and neither “Build her tomorrow” nor the seller shall thereafter be liable for and the buyer indemnifies “Build her tomorrow” against any loss or damage of any kind, including when caused by the negligence of “Build her tomorrow” and/or its employees or agents.

2.3.5 All buyers are advised to arrange for their own insurance cover for purchased artworks effective from the date after the date of sale for purposes of protecting their interests as “Build her tomorrow” cannot warrant that the seller has insured its interests in the artwork or that “Build her tomorrow”’ insurance cover will extend to all risks.

2.3.6 “Build her tomorrow” does not accept any responsibility for artworks damaged by insect infestation, changes in atmospheric conditions or other conditions outside its control and shall not be liable for damage to glass or picture frames.

 

2.4 Import, export and copyright restrictions

Save as expressly set out in 3.3, “Build her tomorrow” and the seller make no representation or warranties as to whether any artwork is subject to export, import or copyright restrictions. It is the buyer’s sole responsibility to obtain all approvals, licences, consents, permit and clearances that may be or become required by law for the sale and delivery of any artwork to the buyer.

 

2.5 Conduct of the auction

2.5.1 The auctioneer has the absolute discretion to withdraw or re-offer artworks for sale, to accept and refuse bids and/or to re-open the bidding on any artworks should he believe there may be a dispute of whatever nature (including, without limitation, a dispute about the validity of any bid or whether a bid has been made and whether between two or more bidders or between the auctioneer and any one or more bidders) or error of whatever nature, and may further take such other action as he in his absolute discretion deems necessary or appropriate. The auctioneer shall commence and advance the bidding or offers for any artwork in such increments as he considers appropriate.

2.5.2 The auctioneer shall be entitled to place bids on any artwork on the seller’s behalf up to the reserve, where applicable.

2.5.3 The contract between the buyer and the seller of any artwork shall be deemed to be concluded on the striking of the auctioneer’s hammer at the hammer price finally accepted by the auctioneer (after determination of any dispute accepted by the auctioneer (after determination of any dispute that may exist). “Build her tomorrow” is not a party to the contract of sale and shall not be liable for any breach of that contract by either the seller or the buyer.

 

2.6 Payment and collection

2.6.1 A buyer’s premium, calculated at the applicable current rate of the hammer price, shall be payable by the buyer to “Build her tomorrow” in respect of the sale of each artwork. The buyer acknowledges that “Build her tomorrow”, when acting as agent for the seller of any artwork, does not receive any form of seller’s commission and/or other fees for or in respect of that artwork.

2.6.2 The buyer shall pay “Build her tomorrow” the purchase price immediately after an artwork is sold and shall provide “Build her tomorrow” with details of his name and address and, if so requested, proof of identity and any other information that “Build her tomorrow” may require.

2.6.3 Unless otherwise agreed in advance, the buyer shall make full payment of all amounts due by the buyer to “Build her tomorrow” (including the purchase price of each artwork bought by that buyer) on the date of sale (or on such other date as “Build her tomorrow” and the buyer may agree upon in writing) in cash, electronic funds transfer or such other payment method as “Build her tomorrow” may be willing to accept, currently via Payfast, Snap scan or EFT by arrangement. Any credit card payments must be arranged with “Build her tomorrow” prior to commencement of the auction. All credit card purchases are to be settled in full on the date of sale.

2.6.4 Ownership in artwork shall not pass to the buyer thereof until “Build her tomorrow” has received settlement of the full purchase price of that artwork in cleared funds. “Build her tomorrow” shall not release an artwork to the buyer prior to full payment thereof. However, should “Build her tomorrow” agree to release an artwork to the buyer prior to payment of the purchase price in full, ownership of such artwork shall not pass to the buyer, nor shall the buyer’s obligations to pay the purchase price be impacted until such receipt by “Build her tomorrow” of the full purchase price in cleared funds.

2.6.5 The refusal of any approval, licence, consent, permit or clearance as required by law shall not affect the buyer’s obligation to pay for the artwork.

2.6.6 Any payments made by a buyer to “Build her tomorrow” may be applied by “Build her tomorrow” towards any sums owing by the buyer to “Build her tomorrow” on any account whatsoever and without regard to any directions of the buyer or his agent. The buyer shall be and remain responsible for any removal, storage or other charges for any artwork and must, at his own expense, ensure that the artwork purchased is removed immediately after the auction but not until payment of the total amount due to “Build her tomorrow”. All risk of loss or damage to the purchased artwork shall be borne by the buyer from the moment when the buyer’s bid is accepted by “Build her tomorrow” in the manner referred to above. Neither “Build her tomorrow” nor its servants or agents shall accordingly be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, from date of the sale of the artwork, whilst the artwork is in their possession or control.

2.6.7 All packaging and handling of artworks is at the buyer’s risk and expense, will have to be attended to by the buyer and “Build her tomorrow” shall not be liable for any acts or omissions of any packers or shippers.

2.6.8 if the purchase price for the artwork is paid for in full but remains uncollected after 2 months of the auction (or such other period as may be determined by “Build her tomorrow” in its sole discretion), “Build her tomorrow” shall be entitled to resell the artwork by auction or private treaty, with estimates and reserves “Build her tomorrow’s” sole discretion and to store the artwork, pending resale. The sale proceeds of such artwork, if resold, less all expenses incurred by “Build her tomorrow” in respect of such resale and/or any other amounts due by the buyer to “Build her tomorrow”, will be forfeited in favour of “Build her tomorrow” unless collected by the buyer within 2 months of the date of the resale.

 

2.7 Remedies for non-payment or failure to collect

 

Without prejudice to any rights that the seller may have, if any artwork is not paid for in full or removed in accordance with the conditions of 2.6 above, or if there is any other breach of these general conditions of business by the buyer, “Build her tomorrow” as agent for the seller shall, at its absolute discretion and without limiting any other rights or remedies that may be available to it or the seller hereunder or at law, be entitled to exercise one or more of the following remedies :

2.7.1 to remove, store and insure the artwork at its premises or elsewhere and at the buyer’s sole risk and expense;

2.7.2 to rescind the sale of that or any other artworks sold to the buyer at the same or any other auction;

2.7.3 to set off any amounts owed to the buyer by “Build her tomorrow” against any amounts owed to “Build her tomorrow” by the buyer for the artwork;

2.7.4 to reject future bids and offers on any artwork from the buyer;

2.7.5 to proceed against the buyer for damages;

2.7.6 to resell the artwork or cause it to be resold by public auction or private treaty, with estimates and reserves at “Build her tomorrow”’ sole discretion, in which event the buyer shall be liable for any shortfall between the original purchase price and the amount received on the resale of the artwork, including all expenses incurred by “Build her tomorrow” and the seller in such resale;

2.7.7 to exercise a lien over any of the buyer’s property in “Build her tomorrow”’ possession, applying their sale proceeds to any amounts owed by the buyer to “Build her tomorrow”;

2.7.8 to retain that or any other artworks sold to the buyer at the same time or at any other auction and to release such artworks only after payment of the total amount due;

2.7.9 to disclose the buyer’s details to the seller to enable the seller to commence legal proceedings;

2.7.10 to commence legal proceedings;

2.7.11 to charge interest at a rate not exceeding the prime rate plus 3% per month on the total amount due to the extent that it remains unpaid after the date of the auction;

2.7.12 if the artwork is paid for in full but remains uncollected after thirty days of the auction, following seven days written notice to the buyer, to resell the artwork by auction or private treaty, with estimates and reserves at “Build her tomorrow”’ sole discretion. The sale proceeds of such artwork if so resold, less all recoverable expenses, will be forfeited unless collected by the buyer within three months of the original auction.

Choice of Law

These Terms will be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of South African courts.

If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force.

These Terms constitutes the entire agreement between “Build her tomorrow”’ and the User with regards to the use of the Content and this website and/or application.