TERMS AND CONDITIONS FOR KGWEBO YA SECHABA MARKETPLACE
1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the user (“User”, “you”, or “your”), and Kgwebo ya sechaba (Registration Number: [NUMBER]), a company duly registered in accordance with the laws of the Republic of South Africa (“Company”, “we”, “us”, or “our”).
1.2 By accessing, browsing, or using our marketplace platform Kgwebo ya sechaba (“Marketplace”), you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable South African laws and regulations.
1.3 If you do not agree with any part of these Terms, you must cease using the Marketplace immediately.
2. DEFINITIONS AND INTERPRETATION
2.1 “Consumer” means a natural person or juristic person as defined in the Consumer Protection Act 68 of 2008.
2.2 “Content” means all information, text, graphics, images, music, software, audio, video, and other material that may be viewed on the Marketplace.
2.3 “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
2.4 “Intellectual Property” means all intellectual property rights, including but not limited to, copyright, trademarks, domain names, patents, design rights, and any other similar rights whether registered or unregistered.
2.5 “Merchant” means any natural or juristic person who offers goods or services for sale on the Marketplace.
2.6 “Personal Information” means information relating to an identifiable, living, natural person, as defined in the Protection of Personal Information Act 4 of 2013.
2.7 “POPIA” means the Protection of Personal Information Act 4 of 2013.
2.8 “Services” means all services provided by the Company to Users of the Marketplace.
3. ELECTRONIC COMMUNICATIONS
3.1 When you visit the Marketplace or send emails to us or chat to us on the website or WhatsApp line or telephonically, you are communicating with us electronically. By using this Marketplace, you consent to receive communications from us electronically in accordance with Section 23 of ECTA.
3.2 We will communicate with you by email or by posting notices on the Marketplace. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. USER ACCOUNTS
4.1 In order to access certain features of the Marketplace, you may be required to register for an account.
4.2 You warrant that: a) You are at least 18 years of age; b) All information provided during registration is true, accurate, current, and complete; c) You will maintain and promptly update your registration information to keep it true, accurate, current, and complete.
4.3 You are responsible for maintaining the confidentiality of your account password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.
4.4 We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
5. CONSUMER RIGHT UNDER SOUTH AFRICAN LAW
5.1 As a Consumer, you have certain rights under the Consumer Protection Act 68 of 2008 (“CPA”), including but not limited to: a) The right to fair and honest dealing; b) The right to disclosure and information; c) The right to fair, just, and reasonable terms and conditions; d) The right to fair value, good quality, and safety; e) The right to privacy.
5.2 Cooling-off Period: In accordance with Section 44 of ECTA, you may cancel a transaction without reason and without penalty within 7 (seven) days after the date of receipt of the goods or services, subject to certain exceptions as provided by law.
5.3 The Company does not seek to exclude or limit any rights you may have under the CPA or ECTA.
6. MARKETPLACE TRANSACTIONS
6.1 The Company acts as an intermediary facilitating transactions between Merchants and Users and is not a party to any agreement between a User and a Merchant.
6.2 The Company does not warrant the quality, safety, legality, or availability of any products or services offered by Merchants on the Marketplace.
6.3 All transactions are subject to the CPA and other applicable South African laws.
6.4 Pricing and Payments: a) All prices displayed on the Marketplace are in South African Rand (ZAR) and include Value Added Tax (VAT) where applicable. b) Payment processing is conducted through secure third-party payment processors in compliance with applicable laws and industry standards. c) The Company reserves the right to introduce or change fees for the use of the Marketplace by providing reasonable notice to Users.
7. MERCHANT OBLIGATIONS
7.1 Merchants must comply with all applicable South African laws and regulations, including but not limited to the CPA, ECTA, POPIA, and tax laws.
7.2 Merchants must: a) Provide accurate, complete, and up-to-date information about their products and services; b) Honor all transactions made through the Marketplace; c) Handle customer service inquiries and complaints promptly and professionally; d) Comply with all applicable consumer protection laws, including providing statutory warranties and guarantees as required by the CPA; e) Maintain appropriate records of all transactions as required by law.
7.3 Prohibited Products and Services: Merchants may not offer for sale any goods or services that: a) Are illegal under South African law; b) Infringe on the rights of any third party; c) Are harmful, offensive, or otherwise objectionable as determined by the Company in its sole discretion.
8. PROTECTION OF PERSONAL INFORMATION
8.1 The Company processes Personal Information in accordance with its Privacy Policy and the provisions of POPIA.
8.2 By using the Marketplace, you consent to the collection, use, and disclosure of your Personal Information as described in our Privacy Policy.
8.3 The Company will: a) Only collect Personal Information for specific, explicitly defined, and legitimate purposes; b) Process Personal Information lawfully and in a reasonable manner that does not infringe on your privacy; c) Not retain Personal Information for longer than is necessary for achieving the purpose for which it was collected; d) Implement appropriate technical and organizational measures to secure the integrity and confidentiality of Personal Information.
8.4 You have the right to: a) Access your Personal Information held by the Company; b) Request the correction, destruction, or deletion of your Personal Information; c) Object to the processing of your Personal Information on reasonable grounds; d) Submit a complaint to the Information Regulator regarding the alleged interference with the protection of your Personal Information.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All Content on the Marketplace, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by South African and international copyright laws.
9.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from the Marketplace without the express written consent of the Company.
9.3 The trademarks, logos, and service marks displayed on the Marketplace are registered and unregistered trademarks of the Company and others. Nothing contained on the Marketplace should be construed as granting any license or right to use any trademark without the prior written permission of the Company.
10. USER CONTENT AND CONDUCT
10.1 Users may post reviews, comments, and other content on the Marketplace provided that such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
10.2 By posting content on the Marketplace, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
10.3 You represent and warrant that you own or otherwise control all of the rights to the content that you post and that your content does not violate these Terms or any applicable law.
10.4 The Company has the right but not the obligation to monitor, edit, or remove any activity or content on the Marketplace.
11. PROHIBITED ACTIVITIES
11.1 You may not use the Marketplace to: a) Violate any applicable law or regulation; b) Infringe the rights of any third party, including intellectual property rights; c) Transmit any material that is defamatory, offensive, or otherwise objectionable; d) Transmit any malicious code, including viruses, trojans, worms, or other potentially harmful programs; e) Interfere with or disrupt the operation of the Marketplace or servers or networks connected to the Marketplace; f) Harvest or collect Personal Information about other users without their consent; g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
12. LIMITATION OF LIABILITY
12.1 To the extent permitted by South African law, the Company will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Marketplace.
12.2 The Company provides the Marketplace on an “as is” and “as available” basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.3 Nothing in these Terms shall limit or exclude the Company’s liability for: a) Death or personal injury caused by its negligence; b) Fraud or fraudulent misrepresentation; c) Any liability which cannot be excluded or limited under applicable law.
13. INDEMNIFICATION
13.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from: a) Your use of the Marketplace; b) Your violation of these Terms; c) Your violation of any rights of another party; d) Your violation of any applicable laws, rules, or regulations.
14. DISPUTE RESOLUTION
14.1 Any dispute arising from these Terms or your use of the Marketplace shall be governed by and construed in accordance with the laws of the Republic of South Africa.
14.2 The parties agree to first attempt to resolve any dispute informally. If a dispute cannot be resolved informally, either party may refer the dispute to the appropriate South African court having jurisdiction.
14.3 Notwithstanding the above, Consumers retain all rights to approach the National Consumer Commission, the National Consumer Tribunal, or the courts as provided for in the CPA.
15. TERMINATION
15.1 The Company reserves the right to terminate or suspend your access to the Marketplace at any time without notice for any reason, including, without limitation, breach of these Terms.
15.2 You may terminate your account at any time by contacting us at [CONTACT EMAIL].
15.3 Upon termination, your right to use the Marketplace will immediately cease, but all provisions of these Terms which by their nature should survive termination shall survive.
16. CHANGES TO TERMS
16.1 The Company reserves the right to modify these Terms at any time by posting the changes on the Marketplace. Your continued use of the Marketplace after any such changes constitutes your acceptance of the new Terms.
16.2 You are advised to review these Terms periodically for any changes.
17. GENERAL PROVISIONS
17.1 Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by the Company on the Marketplace, shall constitute the entire agreement between you and the Company concerning the Marketplace.
17.2 Severability: If any provision of these Terms is deemed invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
17.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
17.4 Force Majeure: The Company shall not be liable for any failure to perform its obligations where such failure is a result of acts of nature, fire, flood, earthquake, other natural disasters, terrorism, government action, civil unrest, strikes, or other labor problems.
17.5 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may assign these Terms at any time without notice.
18. CONTACT INFORMATION
18.1 If you have any questions about these Terms, please contact us at:
[COMPANY NAME] [PHYSICAL ADDRESS] [EMAIL ADDRESS] [TELEPHONE NUMBER]
19. INFORMATION DISCLOSURE REQUIRED BY ECTA
19.1 In accordance with Section 43 of ECTA, the Company discloses the following information: a) Full name and legal status: [COMPANY NAME] (Pty) Ltd b) Registration number: [REGISTRATION NUMBER] c) Physical address and telephone number: [ADDRESS] and [PHONE NUMBER] d) Website address and email address: [WEBSITE] and [EMAIL] e) Membership of self-regulatory or accreditation bodies: [IF APPLICABLE] f) Code of conduct: Available at [URL TO CODE OF CONDUCT] g) VAT registration number: [VAT NUMBER]
Last updated: [DATE]