Terms and Conditions

Marketplaceafrica.co.za knows that you care how information
about you is used and shared, and we appreciate your trust that we will do so
carefully and sensibly. This notice describes our privacy policy. By visiting
Marketplaceafrica.co.za, you are accepting the practices described in this
Privacy Notice.


MarketPlace Africa (“www.marketplaceafrica.co.za”
and “www.marketplaceafrica.co.za”) provides you with access to our website
subject to your acceptance of these Terms of Use and our Privacy Policy. You
accept these terms and our Privacy Policy when you access and use our websites
at https://marketplaceafrica.co.za and https://www.marketplaceafrica.co.za including all subdomains 

(each as a stanbdalone “Site”). 


This document is a legally binding agreement between you as
the user(s) of the Site (referred to as “you”, “your” or “User” hereinafter)
and the MarketPlace Africa entity (referred to as “we”, “our” or
“Marketplaceafrica.co.za” hereinafter) Your use of the Sites and MarketPlace
Africa’s services, software and products (collectively the as the “Services”
hereinafter) is subject to the terms and conditions contained in this document as
well as the Privacy Policy , the Product Listing Policy and any other rules and
policies of the sites that MarketPlace Africa may publish from time to time.

This document and such other rules and policies of the sites are collectively
referred to below as the “Terms”. By accessing the Sites or using the Services,
you agree to accept and be bound by the Terms. Please do not use the Services
or the Sites if you do not accept all of the Terms. You may not use the
Services and may not accept the Terms if: 

(a) you are not of legal age to form a
binding contract with Marketplaceafrica.co.za, or 

(b) you are not permitted to receive any Services under the laws of the Republic of South Africa or other countries /
regions including the country / region in which you are resident or from which you use the Services. 


You acknowledge and agree that Marketplaceafrica.co.za
may amend any Terms at any time by posting the relevant amended and restated
Terms on the Sites. By continuing to use the Services or the Sites, you agree
that the amended Terms will apply to you. You may be required to enter into a
separate agreement, whether online or offline, with Marketplaceafrica.co.za or
our affiliate for any Service (“Additional Agreements”). If there is any
conflict or inconsistency between the Terms and an Additional Agreement, the
Additional Agreement shall take precedence over the Terms only in relation to
that Service concerned. The Terms may not otherwise be modified except in
writing by an authorized officer of Marketplaceafrica.co.za.

 

LAWFUL USE OF WEBSITE

You agree to abide by all applicable laws regarding use of
our websites and services, and not to use our website to engage in antisocial,
disruptive or destructive acts. You may not post, link or upload any material
that is harmful to our user’s computers or objectionable, in our sole
discretion, including content that is obscene, indecent, defamatory, hateful or
intolerant in nature. You may not publish content that constitutes “junk
mail”, “spam”, or “phishing”.You may not upload commercial
content on the Site or use the Site to solicit others to join or become members
of any other online service or other organization. We may report any activity
that may violate the law to officials, regulators or other third parties, and
we may do so without prior notice to you. You agree to provide true, accurate,
current, and complete information about you as prompted during the registration
process for any our Service, and to maintain and update the information, when
necessary, to keep it accurate. You are responsible for maintaining the
confidentiality of any account numbers and passwords assigned to you or input
by you, and you agree to be fully responsible for all activities that occur
through anyone’s use of your password or account numbers, whether or not
authorized by you. You agree to notify MarketPlace Africa immediately if you
become aware of any unauthorized use of your password or account or any other
breach of security related to our Service.

 

INTELLECTUAL PROPERTY

Copyright, Trademark and Disclaimer Notices
Marketplaceafrica.co.za is the sole owner or lawful licensee of all the rights
and interests in the Sites and the Site Content including, but not limited to,
text, design, graphics, logos, files, images, photos, video, software, code, and
other proprietary content. The Sites and Site Content embody trade secrets and
other intellectual property rights protected under worldwide copyright and
other laws. All title, ownership and intellectual property rights in the Sites
and Site Content shall remain with Marketplaceafrica.co.za, our affiliates or
licensors of the Site Content, as the case may be. “MarketPlace
Africa”, “Marketplaceafrica.co.za” and related icons and logos
are registered trademarks or trademarks or service marks of MarketPlace Africa
and related icons and logos are registered trademarks or trademarks or service
marks of Marketplaceafrica.co.za, in various jurisdictions and are protected
under applicable copyright, trademark and other proprietary rights laws. The
unauthorized copying, modification, use or publication of these marks is
strictly prohibited. MarketPlace Africa may have independent third parties
involved in the provision of the Services (e.g., the authentication and
verification service providers). You may not use any trademark, service mark or
logo of such independent third parties without prior written approval from such
parties.

The “Marketplaceafrica.co.za” name and logo are
registered trademarks.

Permission is granted to electronically copy and print hard
copy portions of this site for purchased products. While following any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by MarketPlace Africa.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.

By posting any products for sale on the
Marketplaceafrica.co.za website, all third-party vendors are warranting that
they own any copyright associated with such products or designs, have
appropriate licenses to such products or designs, and/ or are otherwise
lawfully able to sell such products or designs.

If MarketPlace Africa is alerted to a potential copyright
infringement claim regarding any products or designs posted on the
Marketplaceafrica.co.za website, MarketPlace Africa reserves the right to
remove such material from teh website, at its discretion. Third-party vendors
who are found to be repeat infringers of third-parties’ copyright rights are
subject to having their rights to use the Marketplaceafrica.co.za terminated.

 

ELECTRONIC COMMUNICATIONS

When you use any MarketPlace Africa Service, or send e-mails
to us, you are communicating with us electronically. You consent to receive
communications from us electronically upon registration. We will communicate
with you by e-mail or by posting notices on this site or through the other
MarketPlace Africa Services. 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.

 

PRODUCT LISTING POLICY

PRODUCT DESCRIPTIONS

MarketPlace Africa provides a platform for the third-party
vendors and you to negotiate and complete transactions. All products
descriptions are published by the third-party vendor who lists the product on
our platform. MarketPlace Africa does not warrant that product descriptions or
other content of any MarketPlace Africa Service is accurate, complete, reliable,
current, or error-free. If a product offered is not as described, you are to
address with the third-party vendor who listed the product.

PRICING FOR PRODUCTS AND SERVICES

Despite our best efforts, a small number of the items on our
Site may be mispriced. If the correct price of an item sold on
Marketplaceafrica.co.za platform is higher than other our stated price, we
will, at our discretion, either contact you for instructions before shipping or
cancel your order whether or not your credit card has been charged or other
payment has been accepted.

 

RISK OF LOSS

All items purchased from Marketplaceafrica.co.za are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

MarketPlace Africa does not take title to returned items
until the item arrives at the designated Returns center. At our discretion, a
refund may be issued without requiring a return. In this situation, MarketPlace
Africa does not take title to the refunded item. For more information about our
returns and refunds, please see our Returns Policy.

 

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors,
Marketplaceafrica.co.za may link to sites operated by third parties. However,
even if the third party is affiliated with MarketPlace Africa, MarketPlace
Africa has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of MarketPlace Africa. These
linked sites are only for your convenience and therefore you access them at
your own risk. Nonetheless, MarketPlace Africa seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well (including
if a specific link does not work).

If there are links to unaffiliated websites they are not
covered in this agreement. We do not endorse or make any representations about
such unaffiliated websites, or any information or other products or materials
found there, or any results that may be obtained from using them. If you decide
to access any unaffiliated websites linked to this website, you do so entirely
at your own risk. We are not responsible for the content of such other websites
and shall not be liable for any damages or injuries arising from your visits
there.

 

SOCIAL NETWORK: FACEBOOK, TWITTER, AND YOUTUBE

The MarketPlace Africa Facebook, Twitter and YouTube pages
are run and maintained by individuals from MarketPlace Africa. The views,
opinions, depicted results and experiences expressed in user-submitted comments
are solely those of the author and do not necessarily reflect those of
MarketPlace Africa.

 

NO WARRANTIES

Please understand that you assume total responsibility and
risk when you use our website. Our website and services are provided on an
“as is” and “as available” basis. You understand that
MarketPlace Africa does not guarantee that anything on our websites will be
free of infection or viruses that might damage or interfere with your computer,
data or personal information. MarketPlace Africa does not make any express or
implied warranties, representations or endorsements whatsoever (including but
not limited to, warranties of title or non-infringement, or the implied
warranties of merchantability or fitness for a particular purpose) with regard
to our website, its contents, or any services provided through our website.

 

TERMINATION OF SERVICE

We reserve the right to terminate our services to anyone at
any time, for any reason, and without notice. You also have the option of
canceling your account at any time. In the event of cancellation or
termination, you will lose all data related to your account.

 

LIMITATION AND DISCLAIMER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES
PROVIDED BY MARKETPLACE AFRICA ON OR THROUGH THE SITES ARE PROVIDED “AS
IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND MARKETPLACE
AFRICA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,
PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE
HEREBY EXCLUDED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETPLACE AFRICA
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF
ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; MARKETPLACE AFRICA DOES NOT
REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION,
OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR
DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MARKETPLACE
AFRICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY
PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

 

INDEMNIFICATION

Each User hereby further agrees that MarketPlace Africa is
not responsible and shall have no liability to you, for any material posted by
others, including defamatory, offensive or illicit material and that the risk
of damages from such material rests entirely with each User. MarketPlace Africa
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with MarketPlace Africa in asserting any available
defenses.

 

GOVERNING LAW

You agree that your use of this site shall be governed in
all respects by the laws of the province/state of Gauteng, South Africa,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
Marketplaceafrica.co.za products) shall be in any court of law within the
Johannesburg, Metropolitan District of the provice/state of Gauteng, South
Africa. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of Marketplaceafrica.co.za products)
must be commenced within one (1) year after the claim or cause of action
arises. MarketPlace Africa’s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these terms
and conditions. MarketPlace Africa may assign its rights and duties under this
Agreement to any party at any time without notice to you

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