Terms and Conditions for a South African Buy-and-Sell Website (Second-Hand Goods Marketplace)
1. Introduction
Welcome to Sastronex Hub (“the Platform”, “we”, “us”, or “our”). These Terms and Conditions govern your use of our website, mobile applications, services, and related platforms.
By registering, accessing, browsing, listing items, purchasing items, or using the Platform in any manner, you agree to be legally bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you may not use the Platform.
2. Definitions
For purposes of these Terms:
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- “Buyer” means any user purchasing goods through the Platform.
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- “Seller” means any user listing or selling goods through the Platform.
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- “User” means any person accessing or using the Platform.
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- “Goods” means second-hand, refurbished, pre-owned, or used products listed on the Platform.
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- “Listing” means any advertisement or product listing posted by a Seller.
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- “CPA” means the Consumer Protection Act 68 of 2008.
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- “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
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- “POPIA” means the Protection of Personal Information Act 4 of 2013.
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- “FICA” means the Financial Intelligence Centre Act 38 of 2001.
3. Compliance with South African Law
The Platform operates in accordance with applicable South African legislation, including but not limited to:
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- Consumer Protection Act 68 of 2008
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- Electronic Communications and Transactions Act 25 of 2002
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- Protection of Personal Information Act 4 of 2013
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- Financial Intelligence Centre Act 38 of 2001
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- Cybercrimes Act 19 of 2020
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- Companies Act 71 of 2008
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- VAT Act 89 of 1991 (where applicable)
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- Common law principles applicable within the Republic of South Africa
Users agree to comply with all applicable laws and regulations while using the Platform.
4. Eligibility
To use the Platform:
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- You must be at least 18 years old.
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- You must have the legal capacity to enter into binding agreements.
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- You must provide accurate and truthful information.
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- You may not use the Platform if prohibited by applicable law.
We reserve the right to suspend or terminate accounts where false information is supplied.
5. User Accounts
5.1 Registration
Users may be required to create an account.
You agree to:
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- Keep login credentials confidential.
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- Be responsible for all activity under your account.
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- Notify us immediately of unauthorized access.
5.2 Identity Verification
We may request:
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- South African ID or passport
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- Proof of address
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- Contact details
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- Business registration documents
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- Banking verification
This may be required for anti-fraud, KYC, FICA, and security purposes.
5.3 Suspension and Termination
We may suspend, restrict, or terminate accounts for:
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- Fraudulent activity
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- Suspected criminal conduct
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- Sale of prohibited goods
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- Abuse of the Platform
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- Violation of these Terms
6. Nature of the Platform
The Platform operates as an online marketplace connecting Buyers and Sellers.
Unless expressly stated otherwise:
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- We are not the owner of listed goods.
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- We are not a party to the transaction between Buyer and Seller.
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- We do not guarantee the quality, legality, safety, authenticity, or ownership of listed goods.
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- We do not guarantee that Buyers or Sellers will complete transactions.
Users transact at their own risk.
7. Seller Obligations
Sellers agree that:
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- They legally own the goods being sold.
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- Goods are not stolen, counterfeit, or illegally obtained.
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- Listings must be accurate and truthful.
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- Photos must represent the actual condition of the goods.
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- Material defects must be disclosed.
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- Pricing must be accurate.
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- Goods must comply with South African laws.
Sellers may not:
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- Sell prohibited or illegal goods.
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- Misrepresent product condition.
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- Sell counterfeit items.
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- Sell recalled products.
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- Engage in misleading advertising.
Sellers remain solely responsible for all Listings and transactions.
8. Buyer Responsibilities
Buyers agree to:
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- Review Listings carefully before purchase.
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- Ask questions before committing to a transaction.
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- Verify goods upon collection or delivery.
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- Use lawful payment methods.
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- Complete payment obligations.
Buyers acknowledge that second-hand goods may:
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- Show signs of wear and tear.
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- Have cosmetic damage.
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- Not include original packaging.
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- Have limited or no manufacturer warranty.
9. Second-Hand Goods Disclosure
Users acknowledge that:
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- Goods sold on the Platform are primarily second-hand or refurbished.
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- Goods may not be in new condition.
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- Reasonable wear and tear may exist.
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- Certain items may be sold voetstoots (as-is), subject to the CPA.
Nothing in these Terms excludes rights that cannot legally be excluded under the Consumer Protection Act.
10. Prohibited Items
The following items may not be sold or listed:
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- Stolen goods
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- Counterfeit products
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- Illegal drugs
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- Firearms and ammunition without required licensing compliance
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- Explosives
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- Hazardous chemicals
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- Human organs or biological material
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- Pornographic or illegal content
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- Pirated software or media
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- Fake documents
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- Wildlife products sold unlawfully
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- Alcohol or tobacco products where prohibited
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- Recalled or unsafe products
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- Items infringing intellectual property rights
We reserve the right to remove any Listing without notice.
11. Pricing and Payments
11.1 Pricing
All prices must be displayed in South African Rand (ZAR).
Prices may include or exclude VAT depending on Seller status.
11.2 Payment Processing
Payments may be processed through third-party payment providers.
We are not responsible for:
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- Banking failures
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- Payment gateway downtime
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- Delayed transactions
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- Unauthorized banking access outside our control
11.3 Fees and Commissions
The Platform may charge:
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- Listing fees
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- Subscription fees
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- Transaction commissions
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- Advertising fees
Applicable fees will be disclosed before charges are incurred.
12. Delivery and Collection
Delivery arrangements may be:
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- Managed by third-party couriers
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- Facilitated by the Platform where applicable
Risk in goods passes according to the agreed transaction terms.
The Platform is not liable for:
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- Courier damage
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- Delivery delays
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- Loss during transit
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- Incorrect delivery addresses provided by users
13. Consumer Protection Act Rights
Where the CPA applies:
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- Consumers retain all non-excludable statutory rights.
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- Sellers may not waive mandatory CPA obligations.
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- Users may have rights regarding defective goods, unfair practices, and refunds.
However, certain private sales between individuals may not fall fully within the CPA.
Users are encouraged to seek independent legal advice where necessary.
14. Returns and Refunds
14.1 Marketplace Transactions
Return and refund policies may vary depending on:
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- Whether the Seller is a private individual or business
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- Product condition
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- Product category
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- Seller terms
14.2 Defective Goods
Where legally applicable, Buyers may be entitled to remedies under the CPA.
14.3 Exclusions
Refunds may be denied where:
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- The item matches the Listing description.
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- Damage occurred after collection or delivery.
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- The Buyer changed their mind.
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- The Buyer misused the product.
15. Fraud Prevention and Reporting
Users agree not to:
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- Engage in fraud or scams
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- Use stolen payment methods
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- Impersonate others
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- Commit identity theft
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- Manipulate ratings or reviews
We may:
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- Investigate suspicious conduct
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- Share information with law enforcement
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- Suspend transactions
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- Retain evidence for legal proceedings
Users must immediately report suspected fraud.
16. Intellectual Property
All Platform content, including:
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- Logos
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- Branding
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- Software
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- Website design
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- Databases
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- Text and graphics
remain our intellectual property unless otherwise stated.
Users may not:
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- Copy or reproduce Platform content
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- Reverse engineer systems
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- Scrape data without consent
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- Use trademarks without permission
Users grant the Platform a non-exclusive license to display Listings and uploaded content.
17. Privacy and POPIA Compliance
We process personal information in accordance with POPIA.
Personal information may include:
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- Names
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- Contact details
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- Addresses
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- Banking details
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- Identity verification documents
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- Transaction history
We process personal information for:
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- Account administration
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- Fraud prevention
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- Transaction processing
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- Customer support
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- Legal compliance
Users consent to such processing by using the Platform.
Users may request access to or correction of personal information where legally permitted.
A separate Privacy Policy forms part of these Terms.
18. Electronic Communications and Consent
By using the Platform, Users consent to receiving electronic communications including:
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- Notifications
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- Invoices
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- Security alerts
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- Marketing communications (where consent is required)
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- Transaction confirmations
Electronic records and communications are deemed valid under ECTA.
19. Limitation of Liability
To the fullest extent permitted by South African law:
The Platform, its directors, employees, affiliates, and agents shall not be liable for:
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- Indirect damages
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- Consequential damages
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- Loss of profits
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- Data loss
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- Business interruption
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- Fraud by third parties
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- Product defects caused by Sellers
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- User disputes
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- Delayed or failed transactions
Users use the Platform at their own risk.
Nothing in these Terms excludes liability where exclusion is unlawful.
20. Indemnity
Users indemnify and hold harmless the Platform against claims arising from:
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- Breach of these Terms
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- Illegal conduct
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- Infringement of rights
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- Fraudulent Listings
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- Disputes between Buyers and Sellers
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- Violation of applicable laws
21. Dispute Resolution
Users are encouraged to resolve disputes amicably.
Where disputes cannot be resolved:
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- Parties may refer matters to mediation.
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- Either party may approach the relevant South African courts.
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- Complaints may also be referred to the National Consumer Commission where applicable.
These Terms are governed by the laws of South Africa.
22. Security
We implement reasonable security measures to protect systems and user data.
However, Users acknowledge that:
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- No system is completely secure.
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- Internet transmissions carry inherent risks.
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- Cyberattacks may occur despite safeguards.
Users are responsible for maintaining secure passwords and devices.
23. Availability of the Platform
We do not guarantee uninterrupted access.
The Platform may be unavailable due to:
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- Maintenance
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- Technical failures
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- Cyber incidents
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- Third-party service outages
We reserve the right to modify, suspend, or discontinue services without notice.
24. Ratings and Reviews
Users may leave ratings or reviews.
Reviews must:
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- Be honest and factual
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- Not contain defamatory statements
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- Not include hate speech or abuse
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- Not contain false accusations
We reserve the right to remove inappropriate reviews.
25. Advertising and Promotions
The Platform may display:
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- Sponsored Listings
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- Advertisements
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- Promotional campaigns
Advertising does not constitute endorsement.
26. Breach of Terms
If Users breach these Terms, we may:
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- Remove Listings
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- Suspend accounts
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- Restrict access
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- Cancel transactions
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- Report unlawful conduct
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- Institute legal proceedings
27. Amendments
We may amend these Terms from time to time.
Updated Terms will be published on the Platform.
Continued use of the Platform constitutes acceptance of amended Terms.
28. Severability
If any provision is found invalid or unenforceable, the remaining provisions shall remain in force.
29. Entire Agreement
These Terms, together with the Privacy Policy and any Platform policies, constitute the entire agreement between the parties.
Payfast Terms
Transaction Fees (Per Sale)Fees vary depending on how the customer chooses to pay:Credit & Debit Cards (Visa/Mastercard): 3.5% + R2.00 per transaction.American Express: 4.5% + R2.00 per transaction.Instant EFT: 2.0% per transaction (subject to a minimum fee depending on the exact amount).Scan to Pay (SnapScan, Zapper, Scode): Usually ranges between 3.25% to 4.5% + R2.00 to R5.00 per transaction.Mobicred (Financed payments): 3.5% + R2.00 per transaction.2. Payout (Withdrawal) FeesPayfast holds your funds in your account and transfers them to your nominated bank account when you request a payout.Standard Payouts: R8.70 (excl. VAT) per batch withdrawal.Immediate Payouts: 0.8% (excl. VAT) of the withdrawn amount, with a minimum fee of R14.00, allowing funds to reflect in your account within minutes.3. Additional & Optional FeesFailed Payments/Chargebacks: If a customer successfully disputes a transaction, you may incur chargeback penalty fees that exceed R100 to cover administration costs.Refunds: If you process a refund, Payfast generally retains the initial processing fees.
