The Tenth: Terms of Use

Version 2, last changed on 8 October 2026. These terms apply to everyone who uses the platform at thetenth.auction.

1. About these terms

1.1 These terms govern your use of the platform at thetenth.auction (the Platform). The Platform is owned and run by Twisted Toast Digital (Pty) Ltd (TTD, we or us).

1.2 TTD's details: Registration number 2011/007466/07. VAT number 4600260048. Directors KM Browne, LC Eksteen and DAC Browne. Physical address and address for legal notices: 7 Cadiz Crescent, Dainfern Ridge, 2191, South Africa. Postal address: PO Box 786290, Sandton, 2146. Telephone +27 (0)11 469 3377. Email info@twistedtoast.com.

1.3 The Platform is provided for The Tenth, the auction hosted by Bona Bona Wildlife with Piet du Toit Wildbedryf (the Auction Host and the Auction). The Auction Host's own conditions of sale govern the Auction itself, including fees, commission, sale and payment. These terms do not change them, and TTD is not a party to them.

1.4 How personal information is handled is set out in the privacy notice on the Platform (the Privacy Notice). It forms part of these terms.

1.5 You accept these terms by ticking the box when you first sign in, or by using the Platform. If you do not accept them, you may not use the Platform.

1.6 Clauses in bold limit TTD's liability, place risk or responsibility on you or give up rights you would otherwise have. Read them carefully before you accept.

2. Words we use

• Account: Your sign-in to the Platform.
• Content: Anything added to the Platform, including business details, entries, counts, measurements, pedigrees, DNA results, photographs, videos, links, logos and messages.
• Your Content: Content added by you or by anyone using your Account.
• Intellectual Property: Copyright, database rights, trade marks, trade names, designs, patents, trade secrets, know-how and every similar right anywhere in the world, registered or not, including applications and renewals.
• Platform Materials: Everything described in clause 7.
• You: The person using the Platform and the business they act for.

"Including" means including without limitation.

In clause 4.5, "account" means a seller's account on the Platform, shared by everyone on it and not one person's Account.

3. Who may use the Platform

3.1 The Platform is by invitation only. Only people invited by TTD or the Auction Host, or added to a seller's account under clause 4.5, may use it.

3.2 You must be 18 or older. If you act for a business, you confirm that you are authorised to accept these terms for it and that it is bound by them.

3.3 Everything you tell us about yourself and your business must be true and complete, and you must keep it up to date.

4. Your Account and sign-in

4.1 Your Account is personal to you. Do not share your sign-in, the links and codes sent to your email or your session with anyone.

4.2 You are responsible for everything done through your Account, whether or not you authorised it.

4.3 Tell us at once at info@twistedtoast.com if you think anyone else has used your Account.

4.4 TTD may suspend or end any Account at any time to protect the Platform, its users or the Auction, or if TTD believes these terms have been broken.

4.5 The main user of an account may add other people to it. The main user answers for everyone they add and for what those people enter. They must remove anyone who no longer acts for them.

5. Your Content

5.1 You alone are responsible for Your Content and its accuracy, including every count, measurement, pedigree, DNA result, pregnancy status and availability date.

5.2 You warrant that Your Content is true, accurate and not misleading. You also warrant that you own it or have every permission needed to add it and to grant the licence in clause 6, including from the photographer of every photograph and the owner of every logo, and that it infringes nobody's rights and breaks no law.

5.3 TTD does not check, verify or approve Content. The Auction Host decides which entries are accepted, how they are divided into lots and what is published.

5.4 TTD may remove, hide or correct any Content that it believes breaks these terms or the law, or on the Auction Host's instruction.

5.5 Keep your own copies of Your Content. Subject to clause 16, TTD is not responsible for its loss.

6. The licence you give

6.1 You keep whatever ownership you have in Your Content. You grant TTD a licence to Your Content that is worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable.

6.2 The licence allows TTD, the Auction Host and those they appoint, such as designers, printers and the auction platform, to use, store, copy, format, edit, crop, resize, translate, combine, publish, print, display and distribute Your Content for these purposes:

• to run the Auction and to produce and publish its printed and digital catalogues, before, during and after the Auction;
• to promote the Auction and the Auction Host's future auctions; and
• to operate, support, secure and improve the Platform.

6.3 TTD may also use Your Content, once it no longer identifies you or your business, to develop, improve, demonstrate and market TTD's products and services, now and in future.

6.4 To the extent the law allows, you consent to every use in this clause and will not assert moral rights against it. You will obtain the same consent from anyone who created Your Content.

6.5 The licence survives the end of your Account and of these terms. It cannot be withdrawn for Content already published, printed or sent to the auction platform.

6.6 Nothing in this clause limits your rights under the Privacy Notice or the Protection of Personal Information Act.

7. What TTD owns

7.1 TTD owns the Platform and everything in it or behind it, other than Your Content and the marks in clause 12 that belong to others (the Platform Materials). The Platform Materials include:

• the software, source code, object code, scripts, configurations and infrastructure set-up;
• the database design, structure, schema, rules, permissions and security model;
• the data models and field models, including the species rules, lot structures, lot labelling, split rules, counts and calculations;
• the workflows, processes, methods, algorithms, validation rules and business logic;
• the export formats, data layouts, catalogue templates, style sheets and designs, including every InDesign, print and digital template;
• the look, feel, layout, graphics, icons, wording and help text of the Platform;
• all documentation, specifications, tests and know-how;
• every compilation, arrangement and selection of data that the Platform makes;
• all information the Platform generates about its own use, such as logs, statistics, measurements and analytics;
• all data derived from Content that no longer identifies a seller, including aggregated data, statistics, benchmarks, trends and models; and
• every update, improvement, modification, adaptation and derivative of any of these, whoever suggested it.

7.2 All Intellectual Property in the Platform Materials belongs to TTD or its licensors, everywhere in the world, for the full term of those rights.

7.3 Nothing in these terms, in your use of the Platform or in any payment by anyone transfers any Intellectual Property in the Platform Materials to you, the Auction Host or anyone else. No licence to them is granted by implication, conduct or otherwise, except the limited right in clause 8 or what TTD agrees in a separate signed agreement.

7.4 If any right in the Platform Materials would otherwise vest in you, you assign it to TTD, including by way of assignment of future copyright, and you will sign any document TTD reasonably asks for to confirm it. Until the assignment takes effect, you grant TTD an exclusive, perpetual, irrevocable, worldwide and royalty-free licence to that right, and you will not use it yourself.

7.5 Material TTD creates for the Auction, such as catalogue templates, designs and layouts, is Platform Material, even where it contains or displays Your Content.

8. Your right to use the Platform

8.1 While your Account is active, TTD gives you a personal, non-exclusive, non-transferable and revocable right to use the Platform, only to take part in the Auction in the role you were invited for.

8.2 This right ends automatically when your Account ends or when you break these terms.

9. What you may not do

9.1 You may not do any of the following, or help or allow anyone else to:

• copy, reproduce, modify, adapt, translate or make derivative works of any part of the Platform Materials;
• reverse engineer, decompile or disassemble the Platform, or try to discover its source code, database design or rules, except to the extent the law expressly allows despite this clause;
• scrape, harvest, crawl, mine or extract data, or access the Platform by robot, script or any other automated means;
• use the Platform or anything in it to build, train, benchmark or improve any product, service, model or artificial intelligence system, including one that competes with TTD;
• frame, mirror, resell, sublicense, rent, lend or share the Platform or access to it;
• use the Platform for any purpose other than the Auction;
• try to reach information you are not meant to see, including other sellers' information;
• test, probe or scan the Platform for weaknesses, or bypass any security measure, limit or control, unless TTD has agreed in writing;
• upload anything harmful, such as malware, or anything unlawful, defamatory, offensive or infringing;
• interfere with the Platform, its infrastructure or anyone else's use of it;
• remove or change any notice of ownership; or
• use TTD's names, logos or trade marks.

9.2 If you find a weakness in the Platform, tell TTD at info@twistedtoast.com and tell nobody else.

10. Your suggestions

10.1 If you give TTD ideas, suggestions or feedback about the Platform, TTD may use them freely for any purpose, without payment or credit to you.

10.2 You assign all rights in them to TTD, and clause 7.4 applies to them as if they were Platform Materials.

11. Confidentiality

11.1 Everything about the Platform that is not public is TTD's confidential information. This includes how it works, its design, its screens behind sign-in, its rules and any document or information TTD gives you about it.

11.2 You will keep it confidential, use it only to take part in the Auction and not disclose it to anyone, both while you use the Platform and afterwards.

11.3 This clause does not apply to information that becomes public through no fault of yours, or that the law requires you to disclose.

12. Names and trade marks

12.1 "Twisted Toast", TTD's logos and the names of TTD's products belong to TTD. The names and marks used for the Auction belong to TTD or the Auction Host, as they have agreed between them. The Auction Host's own marks, and any other marks on the Platform, belong to their owners.

12.2 These terms give you no right to use any of them.

13. Availability and other services

13.1 TTD does not promise that the Platform will always be available, uninterrupted, timely, secure or free of errors. It may be unavailable for maintenance, updates or reasons outside TTD's control.

13.2 TTD may change, add to, suspend or stop any part of the Platform at any time.

13.3 The Platform relies on services run by others, including hosting, the database, sign-in, email, error reporting and the auction platform. TTD is not responsible for those services, their availability or anything their providers do or fail to do.

14. The Auction itself

14.1 TTD is not an auctioneer, agent or broker, and is not a party to any sale. TTD does not verify any animal, entry, count, measurement, pedigree, DNA result or claim, and gives no advice about any of them.

14.2 The accuracy of each entry is the seller's responsibility, and what the catalogue publishes is the Auction Host's decision. Any dispute about an animal, a lot or a sale is between the seller, the buyer and the Auction Host.

15. No warranties

15.1 The Platform is provided "as is" and "as available". To the fullest extent the law allows, TTD gives no warranty, representation or guarantee of any kind, express or implied, including about quality, fitness for a purpose, accuracy, completeness or results.

16. Limits on TTD's liability

16.1 To the fullest extent the law allows, TTD and its directors, employees, contractors and suppliers are not liable for any loss or damage of any kind arising from the Platform or these terms, however it arises, including through negligence. This includes:

• lost profits, sales, bids, prices, business, opportunity or goodwill;
• errors, omissions or delays in any entry, catalogue, lot, notice or listing;
• loss, corruption or disclosure of data;
• anything done or not done by the Auction Host, a buyer, a seller or any other service; and
• indirect, special or consequential loss.

16.2 If TTD is held liable despite clause 16.1, its total liability to you for all claims together is limited to R1 000 or the total amount you paid TTD in the 12 months before the claim, whichever is greater.

16.3 Nothing in these terms limits liability that the law does not allow to be limited, such as liability for gross negligence or wilful misconduct.

17. Your indemnity

17.1 You indemnify TTD and its directors, employees and contractors against every claim, loss, liability, cost and expense, including legal costs on the attorney-and-client scale, that arises from Your Content, your use of the Platform, your breach of these terms or your infringement of anyone's rights.

18. Ending access

18.1 TTD or the Auction Host may suspend or end your Account at any time, with or without notice.

18.2 You may stop using the Platform at any time. If you want your Account closed, tell us. The Privacy Notice explains what then happens to your information.

18.3 Clauses 2, 5 to 7, 9 to 12 and 14 to 21 survive the end of your Account and of these terms.

19. Changes to these terms

19.1 TTD may change these terms. The version and date at the top show the latest, and TTD will tell users of any material change on the Platform, or elsewhere.

19.2 You must accept a material change before you continue to use the Platform. Continued use after any other change means you accept it.

20. Law, disputes and notices

20.1 The law of the Republic of South Africa governs these terms.

20.2 Either side may give written notice of a dispute. Senior people from each side will then try in good faith to settle it within 10 business days, after which either side may go to court. TTD may ask a court for urgent relief at any time, including to protect its Intellectual Property or confidential information.

20.3 You submit to the jurisdiction of the High Court of South Africa, Gauteng Division, Johannesburg. TTD may instead bring any claim in a Magistrates' Court with jurisdiction over you, and you consent to that court's jurisdiction even if the amount exceeds its usual limit, under section 45 of the Magistrates' Courts Act.

20.4 TTD chooses 7 Cadiz Crescent, Dainfern Ridge, 2191 as its address for legal notices and service of process. You choose the email address in your business details on the Platform for notices.

20.5 Notices may be given by email. An email is treated as received when it enters the recipient's mail server, unless the contrary is proved. Agreements made electronically through the Platform are as valid as signed paper ones, to the extent the law allows.

20.6 If TTD has to enforce these terms against you, you will pay its legal costs on the attorney-and-client scale.

21. General

21.1 These terms and the Privacy Notice are the whole agreement between you and TTD about the Platform, and replace anything said or written before. The Auction Host's conditions of sale govern the Auction separately.

21.2 If any part of these terms is invalid or unenforceable, it is severed and the rest remains in force.

21.3 If TTD does not enforce a right, or delays in doing so, it has not waived that right.

21.4 TTD may cede, assign or transfer any of its rights and obligations to anyone. You may not do so without TTD's written consent.

21.5 Nothing in these terms creates a partnership, joint venture, agency or employment between you and TTD.

21.6 TTD is not liable for failing to perform because of anything beyond its reasonable control, such as power or network failures, load-shedding, service outages, natural events or acts of government.

21.7 Headings are for convenience only. The singular includes the plural, and a reference to a person includes a business.

21.8 If these terms are translated, the English version prevails.