AUCTION RULES AUCTION TIMES Auctions run on the days and times shown on the home page. Notice of special or very large auctions will be posted in advance. Each lot shows its own closing time on its lot page. WHAT AVIARA IS, AND WHAT IT IS NOT Aviara provides the venue. Every sale is concluded directly between the Buyer and the Seller who listed the lot. Aviara is not a party to that sale, never sees or handles the birds, and does not inspect them. Aviara checks each lot sheet before it goes onto an auction and may reject any lot. That check is a review of the sheet — not an inspection of the birds, not a verification of the Seller's description or photographs, and not confirmation with any authority that a permit or certificate is genuine or valid. What the Seller states on the lot sheet is the Seller's statement, and the Seller is responsible for it. Aviara does not handle the purchase price. When a lot sells the Buyer pays the Seller directly; money for a lot never passes through Aviara, and members must not route it through Aviara. The only payment Aviara receives is its own commission under Rule 5, which the Seller pays on an invoice Aviara issues. WHO IS NAMED, AND WHEN While a lot is on auction it does not name the Seller. The lot page shows the Seller's rating and how many sales they have concluded here, and nothing else about them. Bidders are not named to one another either: the bid history shows every bid, its amount and its time, but the bidders appear as "Bidder 1", "Bidder 2" and so on, and those numbers mean nothing outside that lot. This is not secrecy for its own sake. An auction works only while it is the one route to the deal, and a room in which buyers and sellers can pair off privately is a room that empties. What every member can see is the part that matters when deciding whether to bid: the Members page lists every seller who has concluded a sale here, with those sales and every rating and comment their buyers have written. Contact details are exchanged once, when a lot sells, between that Buyer and that Seller, so they can arrange payment and collection. They are given for that sale. Using them to solicit further private sales is a breach of these rules. Sellers must not defeat this by putting their own name, aviary name, telephone number, email address or a watermark into a lot sheet, its description or its photographs. A lot sheet that identifies its Seller may be rejected. GOING ROUND THE AUCTION A member must not use Aviara to find a trading partner and then conclude the sale off the platform to avoid the administration fee, and must not invite another member to do so. The fee under Rule 5 is payable on any sale that came about through Aviara, whether it was concluded on the platform or away from it. A member who does this may have their account suspended or removed, and the auctioneer may refuse their future entries. This does not stop members who already know each other from trading privately. It applies to a sale that came about through this platform. RULE 1 — BIDDING All bids are placed on the lot's page while the auction is live. The system records every bid automatically with the bidder's identity, amount and time, and the auctioneer can see who placed each one. Other members see the bid but not the bidder. The minimum increment is shown on the lot page. Every bid is a binding offer to buy at that amount. Before a bid is recorded you are shown the amount on a confirmation step and asked to confirm it; a bid cannot be withdrawn once confirmed. If you win the lot you are committed to the purchase. Only the auctioneer can void a bid, and only where it was clearly made in error or in breach of these rules. RULE 2 — CLOSING AND ACTIVE LOTS (SOFT CLOSE) Each lot closes at its stated closing time. A bid placed in the final minutes of a lot automatically extends that lot's clock, so bidding continues until everyone has finished — exactly like an active lot staying open in the old system, but handled automatically and fairly for slow networks. RULE 3 — RESERVE PRICE Every lot carries a reserve price which is hidden until the auction has ended. During bidding, the lot page only shows whether the reserve has been met. A lot sells only if the highest bid meets the reserve. RULE 4 — RESERVE NOT MET If a lot does not reach its reserve price it settles as unsold, and the Seller may accept the highest bid as the sale price instead. That right does not last indefinitely. The highest bid stays open for 24 hours after the lot closes and then lapses automatically: after that the Seller can no longer turn it into a sale on the platform, and the bidder is under no further obligation. Both the Seller and the highest bidder are shown the exact time the bid lapses. Within that window the auctioneer will help the two parties reach agreement if either asks. Sellers may not sell the birds privately before the window closes. Once it has closed the parties are free to agree a sale between themselves, and the commission under Rule 5 still applies to any sale that came about through the auction. RULE 5 — ADMINISTRATION FEE A 5% administration fee on the selling price is payable by the Seller as soon as agreement between seller and buyer is reached. An invoice is issued automatically when a lot sells and must be settled within 14 business days of the invoice date. The invoice shows the banking details and a payment reference; use that reference and report your payment on the invoice page so it can be confirmed. If an invoice is not settled within 14 business days, the Seller's account is suspended automatically. A suspended member may still sign in and pay, but may not enter new lots or place bids. The suspension lifts automatically once all of that member's invoices are settled. The number of times a member has been suspended is recorded. RULE 6 — PAYMENT AND COLLECTION The Buyer must contact the Seller (contact details are shown under My account after the auction) and arrange payment and shipment/collection before the next auction day. The town the lot is in is shown on every lot; collection and all transport costs are the Buyer's responsibility. RULE 7 — FINAL TRANSACTION Viewing, handover and transport of the lot are arranged between Buyer and Seller. A Buyer may only cancel a winning bid for a serious reason — a sick bird, injury, or a bird that does not match the lot description and photos. RULE 8 — VET CHECK Every lot sheet states one of two positions, and the lot page shows which: - VET CHECKED. The birds have been examined by a veterinarian and the certificate is attached to the lot as a PDF or a photograph. The certificate must be genuine, legible, and must relate to the birds in that lot. The auctioneer checks it before the lot is accepted onto an auction. - NOT VET CHECKED. The birds have not been examined. The Seller may offer a vet-check guarantee, stated on the lot sheet as a number of working days. Where a vet-check guarantee is offered, any bird vet-checked by the Buyer within that period (counted from receiving the bird) and found not fit for future breeding must be refunded in full by the Seller, including all costs incurred by the Buyer (selling price, travel box, transport, toll gates, vet costs, etc.). The only exception is a bird sold with an explicit statement that it is not meant for breeding. A lot that is neither vet checked nor covered by a guarantee is sold as it stands, and the Buyer bids on that basis. RULE 9 — ENTRIES TO THE AUCTION Entries are made by completing the lot sheet on the Sell page and must: - include full and honest details of the lot; - be accompanied by clear, full-colour photos of the actual birds; - carry at least one attachment (photograph or PDF document) — a lot sheet cannot be submitted without one; - state the reserve price (hidden from buyers) and the town where the lot is; - state whether delivery at a cost is possible; - declare whether any bird in the lot requires a permit, with the permit's details and the document attached where it does; - be the lawful and sole property of the member entering the lot. PERMITS AND RESTRICTED SPECIES Some birds may not lawfully be kept, sold or transported without a permit — species listed under CITES, species listed under NEMBA and the TOPS regulations, and species controlled by provincial conservation legislation. Knowing which of these applies to a particular bird is the responsibility of the member who holds it. Every lot sheet must answer, as a declaration by the Seller, whether any bird in the lot requires a permit. Where the answer is yes, the Seller must give the permit number, the issuing authority and the date the permit expires, and must attach the permit as a PDF or a legible photograph. The system will not accept a lot sheet with that declaration incomplete, and will not place a lot onto an auction whose stated permit expires before that auction runs. The declaration is shown on the lot page for buyers to read before they bid. What Aviara does not do: Aviara does not confirm a permit with the issuing authority, does not verify that a permit is genuine or that it covers the birds offered, and gives no warranty on either point. The auctioneer may reject any lot, including one whose documents look wrong, but a lot appearing on an auction is not a statement by Aviara that its permits are in order. Responsibility for holding the correct permits rests with the Seller for the birds listed, and with the Buyer for the birds they take delivery of. Buyers must satisfy themselves, before bidding, that they may lawfully hold the species in their own province. A member who lists or buys birds without the permits required by law does so at their own risk and may be removed from the platform. TRANSPORT AND WELFARE A Seller must not present for sale, or hand over, a bird that is not fit to travel. Birds must be packed and transported in a way that meets their needs for the journey — appropriate box, ventilation, food and water where the journey requires it — and in accordance with the Animals Protection Act and any other law that applies. Transport is arranged and paid for by the Buyer unless the lot says otherwise, but the duty to hand over a bird fit to travel stays with the Seller. RULE 10 — ACCEPTANCE OF LOTS The auctioneer reviews every lot sheet before it is entered into an auction. The following criteria decide which lots are accepted: a realistic reserve price; clear photos; time of entry; whether previous transactions were handled well and all monies paid; and how unique the lot is. Acceptance is not guaranteed — rejected lots show the reason on your account page. RULE 11 — SELLER RATINGS After a successful trade the Buyer is asked to rate the Seller on accuracy of description, communication, health and condition, and packaging/transport. Ratings are public on the seller's profile and stay on record even if the lot or auction is later removed. A Buyer may update the rating they gave if their experience with that Seller changes, and may choose to publish it anonymously — other members then see "Anonymous buyer" instead of the Buyer's name, while the auctioneer can always see who gave the rating. Every Seller has a right of reply. A rated Seller may publish an answer beneath any rating of their sale, in their own words, and may change or withdraw it later. A reply does not change the score. Ratings must be honest and based on the actual transaction. A rating that is dishonest, abusive, or about something other than the trade may be reported to the auctioneer, who will void it — a voided rating stays on record but no longer counts towards the Seller's score. Abuse of the rating system is a breach of these rules. RULE 12 — CONDUCT Members are expected to deal with one another honestly and to answer messages about a trade. Members who do not adhere to these rules may have their accounts suspended or removed. RULE 13 — RESPONSIBILITY BETWEEN MEMBERS AND AVIARA Aviara's responsibility is to run the auction: to publish lots as submitted, to record bids accurately, to settle each lot against its reserve, and to pass on the parties' contact details when a lot sells. Aviara answers for its own conduct in doing those things. What a member deals with directly, and what Aviara is not answerable for, is the trade itself — the health, condition, age, sex or breeding fitness of any bird; whether a bird matches the lot description or photographs; whether a Seller's permits, certificates or statements are true; payment between Buyer and Seller; delivery, transport and what happens to a bird in transit; and how any member behaves. These are matters between the Buyer and the Seller, who contract with each other. Nothing in these rules removes a right the law gives you that cannot be given up by agreement, and nothing here excludes liability for death or personal injury caused by Aviara's own negligence, or for fraud. Where a term of these rules is found to be unenforceable, the rest continues to apply. If something goes wrong, tell the auctioneer. Aviara will help the parties resolve it, and will act against a member who has not dealt honestly — but the platform cannot compensate a member for a trade it was not party to. RULE 14 — THE TRADES BOARD (BIRDS WANTED) An auction can only offer you what somebody happened to enter. The Trades board works the other way round: a member posts what they are looking for, and any member who has those birds answers with a lot sheet and a price. POSTING A REQUEST. Every member can read a request, and no request names the member who posted it. Say what you need as precisely as you can. A request stays on the board for a stated period and then comes off it; you can put it back with one press, or close it yourself at any time. Closing it declines any offer still waiting on it, and those sellers are told. OFFERING BIRDS. An offer is made on the standard lot sheet and carries exactly the same duties as an entry to an auction: full and honest details, clear photographs of the actual birds, the vet-check position, the permit declaration with the document attached where one is required, lawful and sole ownership, and a bird fit to travel. Everything in "Permits and restricted species", "Transport and welfare" and Rule 8 applies to an offer word for word. An offer carries one firm price instead of a starting bid and a reserve. Offers are not published. Only the member who posted the request can see an offer made to them; no other member sees that it exists, and the price agreed in a trade is never published anywhere. The auctioneer can see it, because the fee under Rule 5 is invoiced on it and because a complaint about a sale has to be answerable. ANSWERING AN OFFER. The buyer may accept it, decline it, or answer it once with a single final offer of their own. Once — this board is not a place to haggle in rounds. That final offer is a binding offer to buy in exactly the way a bid is: if the seller accepts it, the sale is concluded and the buyer is committed. It stays open for the seller for the same period a bid below a reserve does — 24 hours — and then lapses automatically, after which the seller can no longer turn it into a sale and the buyer is under no further obligation. Both parties are shown the exact time it lapses. The seller may withdraw an offer while it is still with the buyer, but not while a final offer is on the table: that must be accepted or declined. WHEN A PRICE IS AGREED. Accepting is a sale and is recorded as one, exactly as an auction sale is. Both parties are asked to confirm before it goes through. The two are then put in touch with each other so they can arrange payment and collection, and only then — the seller and the buyer are not named to one another before that moment. The buyer confirms receipt and rates the seller, and the rating counts towards that seller's public record like any other. The birds and the price do not appear on the seller's profile, because they were agreed between two members and not in a room. THE FEE. The same 5% administration fee is payable by the seller on the price agreed, invoiced automatically and settled on the same terms as any other invoice under Rule 5. A member with an overdue invoice cannot post a request, make an offer, or accept one. GOING ROUND THE BOARD. "Going round the auction" above applies here in full. A sale that came about through a Wanted request came about through Aviara, whether it was concluded on the platform or away from it, and the fee is payable on it either way. Sellers must not put their name, aviary name, telephone number, email address or a watermark into an offer, and buyers must not put theirs into a request. Enjoy the auctions!

TERMS OF SERVICE 1. THE PLATFORM This platform provides an online venue where registered members list, auction and bid on aviary birds. It is operated by the company named on the "Who we are" page, which also carries our registration number, address and contact details. The platform is not a party to any sale: every transaction is concluded directly between Buyer and Seller. We do not own, hold, inspect or transport the birds, and we do not verify what a Seller says about them. Rule 13 of the auction rules sets out what we are and are not answerable for; it forms part of these terms. 1A. MONEY We do not handle the purchase price of any lot. The Buyer pays the Seller directly, and members must not route payment for a lot through us. The only money we receive is our own commission from the Seller under clause 4. We are not a payment service, a stakeholder or an escrow agent, and no money held by a Seller or Buyer is held on our behalf or on the other party's behalf by us. 2. ACCOUNTS You must provide accurate registration details and keep your login credentials private. You are responsible for all activity on your account. One account per person. The administrators may suspend or remove accounts that breach the auction rules or these terms. 3. BIDS ARE BINDING Every bid placed is a binding offer to purchase the lot at that amount. You are shown the amount and asked to confirm it before the bid is recorded, and a confirmed bid cannot be withdrawn. Winning bidders and sellers are expected to complete the transaction in accordance with the auction rules. A bid that misses the reserve lapses 24 hours after the lot closes, as set out in Rule 4. 3A. THE TRADES BOARD On the Trades board a member posts what they are looking for and other members answer with a priced lot sheet. Accepting an offer concludes a sale and binds you to it, and so does the single final offer a buyer may make against an offer, if the seller accepts it — both are shown to you and confirmed before they take effect, in the same way a bid is. A final offer lapses after 24 hours. Offers, and the price agreed in a trade, are visible only to the two members concerned and to the administrators. Rule 14 of the auction rules governs the board and forms part of these terms. 4. FEES The seller's administration fee described in the auction rules is payable on every successful sale — at auction, at reserve price after the auction under Rule 4, and on a price agreed on the Trades board under Rule 14. Invoices must be settled within 14 business days. Accounts with an overdue invoice are suspended automatically until all their invoices are settled, and the number of suspensions is recorded against the account. 5. LISTINGS By submitting a lot sheet you warrant that the birds are your lawful and sole property, that all details and photos are accurate and of the actual birds, that you hold every permit required to keep, sell and transfer them, and that the sale complies with all applicable law. Every lot sheet must carry at least one attachment and must declare whether any bird in the lot requires a permit, giving the permit's number, issuing authority and expiry date where it does. We do not verify permits with the issuing authority — see "Permits and restricted species" in the auction rules. 6. PRIVACY We handle your personal information as set out in our privacy notice, which explains what we collect, why, who else sees it and how long we keep it. In short: your name, aviary name, town, lots and ratings are visible to other members; and when a lot sells, your name, email, telephone number and town are given to the other party so the two of you can arrange payment and collection. We do not sell or rent your details to anyone. 7. RATINGS Ratings must reflect genuine transactions. A rated seller may publish a reply beneath any rating of their sale. Ratings form part of the transaction record and are kept, but the administrators may void one that is fraudulent, abusive or not about the trade, in which case it no longer counts towards the seller's score. Where the law obliges us to correct or remove personal information we will do so. 8. RECORDS WE KEEP We keep the record of auctions, bids, sales and invoices for at least five years, because tax law requires it and because it is the record of how a sale was concluded. A lot that ever carried a bid or an invoice is therefore archived rather than erased when it is removed from the platform. This is explained in the privacy notice. 9. CHANGES The administrators may amend the auction rules, schedule, fees and these terms; changes are published on this page and apply to auctions that start after publication. Where a change materially affects your rights or obligations you will be asked to accept the updated rules before you can bid or sell again. 10. GOVERNING LAW These terms and the auction rules are governed by the law of the Republic of South Africa. By registering an account or submitting a lot sheet you accept these terms and the auction rules.