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Terms & Conditions

Terms and conditions

TERMS AND CONDITIONS OF MARKETSOLDMUTUAL.CO.ZA

1. ABOUT THE COMPANY

1.1. Marketsoldmutual.co.za is a virtual platform facilitating the sale and purchase of various products (hereinafter referred to as "the Platform” and/or Markets Old Mutual), which allows logged in users to buy and sell goods and services.                                                                 

1.2. The Platform is managed, run and hosted by SellSA (Pty) Ltd ("the Host”). Any reference to "the Host” shall include SellSA (Pty) Ltd, its employees, agents and assigns, as well as employees and agents acting for Markets Old Mutual.

1.3. Registering as a user of the Platform serves as confirmation that the User has read, and agrees to, the terms and conditions of the Platform (hereinafter the Terms and Conditions) and undertakes to be bound by, and comply with, them.

2. USER ACCOUNT

2.1.To use the Platform, a User must register and log in, either as a Seller or Purchaser.

2.2.The User must keep the data used for logging in to the Platform confidential and prevent them from becoming known to third parties, as any action taken on the user’s account shall be attributed to the User and the User shall be liable therefor. The User shall ensure that any third party that gains access to the User’s account is authorized to do, and accepts full responsibility for the actions of such person on the Platform.

2.3.By registering for an account, which necessitates the User providing certain mandatory as well as some voluntary information, the User agrees and acknowledges that –

2.3.1. The User has read the most recent version of these Terms and Conditions as published on the Platform and agrees to be bound by them in their entirety;

2.3.2. The User shall ensure that any individuals using the User’s account for any reason, shall be bound by the Terms and Conditions and shall not commit any breach thereof.

2.4.The User acknowledges and accepts that the Host shall not be liable for any loss, damage or liabilities which may arise as a result of or in connection with the wrongful, fraudulent or illegal use of the User’s account.

2.5.The User acknowledges his / her / its responsibility for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the Host.

3. HOW THE PLATFORM OPERATES

3.1. The Platform allows third-party Sellers to advertise and sell their products on the Platform.

3.2. The Platform further allows Purchasers to buy products which are marketed for sale on the Platform.

3.3. The Host provides a money deposit service for the performance of sales contracts concluded between Sellers and Purchasers, in which the Purchaser transfers money to the account of Markets Old Mutual when making a purchase, either via an EFT Payment or by using a credit card.

3.4.  It is only possible to make purchase and sales transactions in South African Rands on the Platform.

3.5.  Description of the purchase/sales process:

3.5.1. The Purchaser finds the product or service of interest and makes the payment through an EFT Payment or with a credit card;

3.5.2. The money is transferred to the account of Markets Old Mutual;

3.5.3. The Seller sends the goods to the Purchaser in a manner agreed upon between the Purchaser and the Seller;

3.5.4. The Seller confirms the shipping or delivery of goods to the Purchaser via the Platform;

3.5.5. Once the courier confirms that the goods have been delivered to the Purchaser, Markets Old Mutual releases the money to the Seller’s nominated bank account.

3.5.6. Once the money is released to the Seller’s bank account, the sales transaction is deemed to be completed.

3.5.7. In order to have the money transferred to its bank account, the Seller must initiate payout by providing the Host with proof of delivery from the courier. After the payout has been initiated, the Host will make the transfer to the Seller's bank account within 7 (Seven) business days. The onus is on the Seller to ensure that the correct banking details are provided to the Host, as the Host shall not be liable for any errors made in respect of banking details. 

4. FEES

4.1. The Seller pays a commission fee equivalent to 12.5% (twelve point five percent) of the value of the purchase made by the Purchaser, and which value shall be deemed to only include the price of the goods purchased, and shall exclude the courier fees payable.

4.2.  The Seller shall not be charged a fee for marketing its products on the Platform. However, it shall at all times be in the sole discretion of the Host to allow and/or disqualify a Seller from operating on the Platform.

4.3. If a Purchasers cancels an order after payment has been made into the Host’s account, but before the goods have been delivered to the Purchaser, then the Host may deduct an administrative fee from the amount held, before refunding the balance of the money back to the Purchaser. However, if the Seller requires the purchase to be cancelled, the full amount held shall be refunded to the Purchaser. It shall be in the Host’s discretion to levy an administrative penalty to any Seller who is found to repeatedly cancel orders and/or advertise stock which is no longer available.

4.4.  Should the Purchaser cancel an order after the Purchaser has taken delivery of the goods, the Purchaser may assume that the Host has paid the monies over to the Seller, and any claim which the Purchaser may have for a refund shall be dealt with between the Purchaser and Seller. The Host’s involvement in the transaction shall cease as soon as delivery is taken by the Purchaser and the money is paid over to the Seller.

4.5. All fees in relation to the delivery / courier of goods to the Purchaser shall be determined by each Seller, respectively. When marketing goods on the Platform, the Seller shall elect the service provider it wishes to use for the shipping / delivery of goods. Pricing shall be determined as between the Seller and the service provider, and agreed to by the Purchaser when making a purchase on the Platform. 

5. SECURITY

5.1. In order to protect the interests of both Sellers and Purchasers, the entire sales process must take place on the Platform. The Purchaser must use only the payment methods and methods of transportation provided in the Terms and Conditions. The Purchaser can pay for the goods with an EFT payment or using a credit card/debit card. The Host shall not be held liable should the Purchaser make payment to any other bank account and/or entity.

5.2.  The Platform protects both the Purchaser and Seller from potential fraud. Monies paid in respect of a purchase are held in the Host’s bank account until such time as confirmation is received that the goods were successfully delivered. The Seller is protected as the Host shall confirm receipt of funds before the Seller ships the goods to the Purchaser. The Purchaser is protected as the Host shall only pay the funds over to the Seller once the Purchaser has received the goods.

5.3.  In order to avoid any disputes, the Seller and Purchaser are encouraged to communicate with each other on the Platform. Before making a purchase, the Purchaser is encouraged to make all relevant enquiries about the goods, and obtain adequate feedback from the Seller to make an informed purchase.

5.4. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

6. TIMELINES FOR SHIPPING GOODS AND PAYING MONIES OVER TO SELLER

6.1. The Seller shall ship the goods within 5 (five) business days of receipt of confirmation that payment was received by the Host, and shall, within such time period, confirm that the goods have been shipped, by indicating the waybill and/or tracking number in respect of the delivery on the Platform.

6.2. The Host shall, within 7 (seven) business days of receiving confirmation that the goods were delivered to the Purchaser, pay the monies in respect of the purchase over to the Seller, less the commission due to the Host. The Host may seek confirmation of delivery directly from the courier, alternatively the Seller may initiate the payout by providing the courier’s delivery confirmation to the Host. Where the delivery is confirmed by the Seller, it shall be within the Host’s sole discretion to act on such confirmation or to seek independent confirmation from the courier and/or Purchaser.

6.3. Should the Seller fail to ship the goods within 15 (fifteen) business days from the receipt of confirmation that payment was received by the Host, or fail to confirm delivery for over 15 (fifteen) days as aforesaid, then the Host has the right to cancel or complete the transaction, respectively. In either case, the Host shall be entitled to levy a penalty against the Seller, should it be found that the Seller repeatedly fails to comply with the time periods and/or processes as set out herein. Such penalty shall be deducted from any monies held by the Host on behalf of the Seller, and the Seller irrevocably agrees thereto.

7. DISCLAIMER OF LIABILITY

7.1. The Host is not the owner of the goods sold marketed and/or sold on the Platform, and does not participate in sales, purchases, or other transactions that occur between Sellers and Purchasers, save to the extent set out herein.

7.2. Any sales agreements concluded between Sellers and Purchasers are done without the representation and mediation of the Host, its affiliates and/or employees. Users of the Platform are entirely responsible for the execution of their sales agreements.

7.3. Any complaints, queries, disputes and/or claims regarding the goods on the Platform, or any transaction thereon, must be submitted directly to the relevant Seller by using the message system on the Platform. The Host is not responsible for resolving any differences between the parties to the sales transaction and it is recorded that the Host is not itself a party to the transaction.

7.4. The Host does not inspect nor ensure the guarantee of the goods sold and does not review nor check the quality of the goods or services sold or the compliance with the description entered by Sellers. However, by registering to use the Platform, Sellers warrant that the descriptions and/or photographs of products are accurate and a reasonable and proper representation of the products being sold.

7.5. The Host is not liable for the truthfulness and lawfulness of the information published by Sellers on the Platform, or for any user’s inappropriate or unlawful behaviour. Should the Host become aware of any inappropriate or unlawful actions on the part of any user, the Host reserves the right to disqualify and block such user from using the Platform, in its sole and absolute discretion.

8. RIGHTS AND OBLIGATIONS OF USERS OF THE PLATFORM (SELLERS AND PURCHASERS)

8.1. All users of the Platform confirm that they have legal capacity as well as the right to enter into transactions on the Platform, whether as Purchaser or Seller, respectively.

8.2. When using the Platform, the Seller undertakes to provide the correct information, including an accurate description of the quality and condition of the goods sold, as well as other relevant details which may affect the Purchaser’s decision to purchase a product.

8.3.  The Seller display its Returns and Refunds Policy, or a link thereto, on its page within the Platform. The Seller shall ensure that its terms and conditions with regard to returns and refunds are clear and unambiguous, and readily accessible by Purchasers.

8.4.  The Purchaser undertakes to provide the correct contact information and holds the Seller and the Host harmless should the incorrect information be supplied, whether inadvertently or otherwise.

8.5. The Purchaser warrants, when making payment by credit card, that he/she/it is the owner of the credit card, alternatively that he/she/it is authorized and permitted by the owner to make the relevant purchase using the said credit card. The Purchaser indemnifies the Seller and the Host against any and all claims arising out of the use of the credit card and/or banking account used in any transaction on the Platform.

8.6.  To use the Platform, Purchasers and Sellers undertake to enter their valid e-mail addresses and cellphone numbers to the Platform, and be available and contactable via e-mail and cellphone. Any party who enters the incorrect, invalid or unavailable e-mail address shall be solely responsible for the resulting delay and/or inability for the transaction to be completed.

8.7. All users of the Platform undertake to conduct only legal purchase and sales transactions through the Platform.

8.8.  The only acceptable use of the Platform for Sellers is the marketing and sale of products relating to the construction and manufacturing field. The only acceptable use of the Platform for Purchasers is browsing for and purchasing products marketed on the Platform. Any User found using the Platform any use other than the aforementioned uses shall be disqualified from using the Platform and banned from re-registering on the Platform in the future.

8.9. The Seller indemnifies the Host against any and all claims brought by Purchasers in respect of any purchase transactions which are concluded on the Platform.

8.10. The Purchaser indemnifies the Host against any and all claims brought by Sellers in respect of any purchase transactions which are concluded on the Platform.

8.11. All users of the Platform undertake to ensure that their activities do not violate the property and/or moral rights (including intellectual property) of third parties, and/or any legislation or regulations applicable in the Republic of South Africa at the time of the transaction.

8.12. The Seller undertakes that it shall not initiate or instigate any conversation and/or the purchase of any product outside / off the platform.

8.13. The Seller undertakes to ensure that the item purchased is appropriately and safely packaged and further undertakes to take all reasonable measures to ensure that the item reaches the Purchaser timeously and in good order.

8.14. The Seller undertakes that it shall not initiate a payout from the Host unless and until it is satisfied that the goods were properly received by the Purchaser.

8.15. All users of the Platform undertake to keep their log-in information private, and acknowledge that they shall be held liable for any actions taken on their profile.

9. RIGHTS AND OBLIGATIONS OF THE HOST

9.1. The Host may, in its sole and absolute discretion, restrict or revoke any user’s access to the Platform, including changing the information published by a Seller on the Platform, or stop a sale, and/or to refuse to allow a user to re-register as a User. In particular, the Host may take the aforesaid action if it is found, inter alia, that a User:

9.1.1.violates these Terms and Conditions;

 

9.1.2. has submitted information that is incorrect, misleading, or inaccurate when logging in to the Platform or using the Platform;

9.1.3.knowingly and intentionally disseminates false information on the Platform, insults any other User in any way, or acts in bad faith;

9.1.4. the purchase or sale offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;

9.1.5. at least three complaints from other Users have been received about the User’s activity.

9.2.  The Host is entitled, at any time, to monitor the activities on the Platform, including the purchase and sale offers made by the Platform Users.

9.3. The Markets Old Mutual website and all its contents are copyrighted by the Host. When uploading products, photos or advertisements which are the subject of copyright on the Platform, the Seller transfers to the proprietary rights of the author that apply to the product, photo, content or advertisements to the Host, and warrants its authority to do so. The Host has the exclusive right to, in any way, use, permit and prohibit their use, including reproduce, distribute, translate, adapt, add them to collections or databases, or communicate to the public the product, photos or advertisements provided by the Seller. The Seller indemnifies the Host against claims from any party or entity in respect of the copyright of any product, photo, content or advertisements.

9.4. The Host may, in its sole and absolute discretion, remove any product, photo, content or advertisement from the Platform should such product, photo, content or advertisement be deemed inappropriate for the Platform or not suitable to the business model of the Host.

10. RETURN AND CLAIMS OF GOODS

10.1. If a User has a complaint about the service of Markets Old Mutual / the Platform / the Host, please contact us at support@marketsoldmutual.co.za , 1 Mutual Place, Sandown, Johannesburg, South Africa, and submit your name and contact details, and briefly describe the content of the complaint. The Host will respond to the complaint as soon as possible, within 5 (five) working days.

10.2. Where any issue exists with regard to the product purchased, the Purchaser is directed to the relevant Seller’s returns and refunds policy, which shall be available on the Seller’s page within the Platform. The Host shall not be involved in any way regarding complaints, disputes and/or other issues between the Purchaser and Seller, which must strictly be resolved between them.

11. PERSONAL DATA AND PRIVACY POLICY

11.1.  The Host collects only such personal data from users as arise during the use of the Platform pursuant to the user’s activity thereon, including data in the User’s profile, information provided during the sale of a product, and data saved from all other activities provided on the Platform (saving a product, making a purchase, sending messages, etc.).

11.2.  The Host has the right to process data that the Host has received from the User when logging into the Platform.

11.3.  The User consents to Shop Markets Old Mutual (Pty) Ltd processing their personal data for the purposes and to the extent specified herein. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the user account. 

11.4.  The Host uses the User’s personal data to provide, develop, and personalise the Platform’s service.

11.5.  The Host has the right to use the User’s personal data and transfer them to third parties selected by the Host to cooperate with them to ensure the quality and availability of the Host’s services, as well as expand, improve, and otherwise develop the services offered by Markets Old Mutual.

12. AMENDING THE TERMS AND CONDITIONS

12.1.  The Host has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Platform and the services offered and in the interest of Users of the Platform, as well as to comply with legal and regulatory requirements.

12.2.   The Host shall not be obliged to notify Users of changes to these Terms and Conditions and the obligation remains on the User to ensure that it familiarizes itself with the Terms and Conditions of use regularly.

12.3.  Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Platform, about which the Platform may send a notification to the User.

12.4.   By continuing to use the Platform after any amendments become effective, the User acknowledges and accepts the amendments