This agreement was created in December 2005.

This Agreement is a binding agreement between you and nearlyfree.co.za ("nearly free"). This Agreement sets out the terms and conditions governing your participation in nearly free Auctions on this site, so please read it carefully.

If you are uncertain, or you do not agree with the terms and conditions of this Agreement, then you should not accept them. Please be aware that should you choose not to accept the terms and conditions, then you will not be eligible to register or participate in a nearly free Auction.

nearly free runs online auctions for products and services for which bid proposals are accepted via the Internet. nearly free Auctions follow a specific auction format whereby the winner of an auction is determined by a) the uniqueness of the amount bid by an individual bidder and b) the correct answering of some qualifying questions by that bidder. This concept is explained in further detail below.

Part 1: Definitions

"nearly free Auction" – the specific auction format described in this Agreement;
"Bid" – a proposal by a specific Bidder to pay a specific Bid Amount for a product or service in a nearly free Auction;
"Bid Amount" – a value in South African Rands (R) that may be proposed in one or more Bids;
"Bidder" – the person who submits a Bid;
"Maximum Bid" or "Max Bid" – the maximum Bid Amount that can be Bid in a specific nearly free Auction, as determined by nearly free;
"Maximum Number of Bids" – the maximum number of Bids that will be accepted in a specific nearly free auction, as specified by nearly free, regardless of the End Date of the auction;
"Required Bids" – the number of Bids that are required for a specific nearly free Auction to close;
"Maximum Number of Bids per Bidder" or "Max Bids Per Bidder" – the maximum number of Bids that will be accepted per individual Bidder in a specific nearly free Auction;
"End Date" – the date at which the nearly free Auction will close, provided that the Required Bids have been received;
"Bid Increment" – the specific step value (as permitted by nearly free) which separates possible Bid Amounts;
"Unique Bid" – a Bid that that differs from all other Bid Amounts for a specific nearly free Auction;
"Administration & Handling Fee" or "Admin Fee" – a compulsory charge that is levied for each Bid;
"Item" – one unit/package of a particular product/service offered in a nearly free Auction. A specific nearly free Auction may consist of one or more identical units/packages;
"Quantity Available" – the number of items available to be won in a specific nearly free Auction;
"Selected Bidder" – the sole Bidder that is determined to have the right to purchase a specific product/service in a nearly free Auction, as per this Agreement;
"Qualifying Questions" – the questions that may be posed to Bidders following the placement of their bid/s. Should any one of these questions be answered incorrectly, the Bidder will not be eligible to win the auction;
"Qualifying Unique Bid" – a Bid that differs from all other Bid Amounts for a specific nearly free Auction and where the Bidder has answered all the Qualifying Questions correctly (if applicable).

Part 2: nearly free Auction Terms and Conditions

1. General
2. Bid Proposal Acceptance Procedures
3. How nearly free Auction Selected Bidders are determined
4. Payment of Administration & Handling Fees
5. Refunding of Administration & Handling Fees
6. Provision of Products / Services
7. Use of Personal Information
8. Disclosure of Bidding information
9. nearly free’s Liability
10. Governing Law

1. General