Terms and Conditions

1. About Thesouthmart

1.1 Company Information

Thesouthmart.co.za ("Thesouthmart," "we," "us," or "our") is an online marketplace platform that enables registered users to buy and sell goods and services and operate their own online stores.

1.2 Operating Entity

Thesouthmart.co.za is owned and operated by Vhathenzheni General Solutions (Pty) Ltd, Company Registration Number: 2019/014324/07, a company registered in South Africa.

1.3 Agreement to Terms

By registering for, accessing, or using Thesouthmart.co.za, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These terms constitute a legally binding agreement between you and Thesouthmart.

2. Definitions

"Account" means your registered user account on Thesouthmart.

"Buyer" means a user who purchases goods or services through the marketplace.

"Content" means all text, images, videos, data, and other materials posted on the platform.

"Seller" or "Vendor" means a user who lists and sells goods or services on the marketplace.

"Transaction" means any purchase or sale conducted through the marketplace.

"User" means any person who accesses or uses our marketplace, whether as a buyer, seller, or visitor.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to register, access, or use Thesouthmart. By using our services, you represent and warrant that you are 18 years or older and have the legal capacity to enter into this agreement.

3.2 Account Registration

To access certain features of Thesouthmart, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity
• Not create more than one account without our express written permission

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong and secure password
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with any third party
• Log out of your account at the end of each session

Thesouthmart will not be liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized access to your account.

3.4 Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion to protect the integrity of our platform

If we terminate your account for breach of these terms, you may not re-register without our express written consent. If you have paid for services not yet received and have not breached these terms, we will provide a pro-rata refund.

3.5 Account Cancellation

You may cancel your account at any time by contacting us at [email protected]. Upon cancellation, your right to use the services will immediately cease, though certain provisions of these terms will survive termination.

4. Use of Thesouthmart Platform

4.1 Platform Role

Thesouthmart provides a platform that connects buyers and sellers. We facilitate transactions but, unless explicitly stated otherwise, we are not a party to any transaction between buyers and sellers. We do not:

• Take ownership or possession of any items listed on the platform
• Guarantee the quality, safety, legality, or availability of products or services
• Verify the accuracy of listings, user identities, or credentials
• Assume responsibility for the actions or omissions of buyers or sellers

4.2 User Responsibilities

As a user of Thesouthmart, you agree to:

• Comply with all applicable local, state, national, and international laws and regulations
• Conduct yourself in a professional and courteous manner
• Provide accurate and truthful information in all listings and communications
• Honor all commitments and agreements made through the platform
• Resolve disputes directly with other users in good faith

4.3 Prohibited Activities

You may not use Thesouthmart to:

• List, sell, or purchase illegal, stolen, counterfeit, or prohibited items
• Engage in fraudulent, deceptive, or misleading practices
• Harass, threaten, or abuse other users
• Manipulate prices, reviews, or ratings
• Circumvent or manipulate our fee structure or billing processes
• Post false, inaccurate, or misleading content
• Infringe upon intellectual property rights of others
• Transmit viruses, malware, or other harmful code
• Scrape, data mine, or harvest information from the platform without permission
• Use automated systems (bots, spiders, scrapers) to access the platform
• Attempt to gain unauthorized access to any part of the platform
• Interfere with or disrupt the platform's operation or servers
• Create derivative works based on the platform without authorization

4.4 Third-Party Links

Thesouthmart may contain links to third-party websites, advertisers, or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Thesouthmart shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

4.5 Platform Availability

We reserve the right to modify, suspend, or discontinue any aspect of Thesouthmart at any time, with or without notice. We may restrict access to certain areas or features for maintenance, updates, or other reasons. You agree that we will not be liable for any modification, suspension, or discontinuance of services.

5. Seller Obligations

5.1 Product Listings

Sellers must ensure that all product listings are:

• Accurate, complete, and not misleading
• Accompanied by clear, representative images
• Listed in the appropriate category
• Compliant with all applicable laws and regulations
• Updated promptly to reflect availability and pricing changes

5.2 Order Fulfillment

Sellers are responsible for:

• Processing orders in a timely manner
• Packaging products securely and appropriately
• Shipping products within the stated timeframe
• Providing tracking information when available
• Handling returns and refunds according to stated policies

5.3 Customer Service

Sellers must provide responsive and professional customer service, including timely responses to inquiries and resolution of disputes.

6. Buyer Obligations

6.1 Payment

Buyers agree to pay for all items purchased, including applicable taxes and shipping fees. All payments must be made through approved payment methods on the platform.

6.2 Accurate Information

Buyers must provide accurate delivery information and contact details to ensure successful order fulfillment.

6.3 Product Inspection

Buyers should inspect products upon receipt and report any issues within the timeframe specified by the seller's return policy or within 7 days, whichever is earlier.

7. Pricing and Payments

7.1 Product Pricing

Sellers are responsible for setting their own prices. All prices are listed in South African Rand (ZAR) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders already placed.

7.2 Service Fees

Thesouthmart may charge fees for certain services, including but not limited to transaction fees, listing fees, or premium features. All applicable fees will be clearly disclosed before you incur them.

7.3 Payment Processing

Payments are processed through approved third-party payment processors. You agree to comply with the terms and conditions of these payment processors. Thesouthmart is not responsible for payment processing errors or delays caused by third parties.

7.4 Taxes

You are responsible for determining and paying all applicable taxes associated with your use of Thesouthmart. Sellers are responsible for collecting and remitting applicable taxes on their sales.

8. Returns, Refunds, and Disputes

8.1 Return Policies

Each seller establishes their own return and refund policies, which must be clearly stated in their listings. Buyers should review these policies before making a purchase.

8.2 Dispute Resolution

In the event of a dispute between a buyer and seller, we encourage parties to communicate directly to resolve the issue. If the dispute cannot be resolved, you may contact our support team at [email protected] for assistance. However, Thesouthmart is not obligated to mediate disputes and any mediation provided is done at our sole discretion.

8.3 Chargebacks

Buyers who file chargebacks or payment disputes with their financial institution without first attempting to resolve the issue with the seller and Thesouthmart may have their account suspended or terminated.

9. Buyer Protection Program

9.1 Overview

Thesouthmart offers an optional Buyer Protection program that buyers may purchase at checkout. The Buyer Protection fee is calculated as a percentage of the order total. Purchasing Buyer Protection does not guarantee a return or refund. It grants the buyer the right to open a dispute so that Thesouthmart and the seller can investigate the reported issue and determine a fair outcome based on the evidence provided.

9.2 Buyer Protection Fee

The Buyer Protection fee is a non-refundable service charge. Once purchased, this fee cannot be returned, reversed, or credited, regardless of the outcome of any dispute. By purchasing Buyer Protection, you acknowledge and accept that this fee is final and non-refundable.

9.3 Dispute Process

If a buyer has purchased Buyer Protection and experiences an issue with their order (such as receiving a damaged, defective, or incorrect item, or missing items), the following process applies:

• The buyer may open a dispute through their account, providing a clear description and supporting evidence of the issue.
• The seller has a limited time from the date the dispute is opened to review and respond to the dispute.
• If the seller approves the return, the buyer must return the item to the seller. The refund is only processed after the seller receives the returned item and confirms it is in the same condition as when it was originally sent. The seller is responsible for covering return shipping costs.
• If the seller does not respond to the dispute within the allotted time, the return is automatically approved. The buyer must still return the item, and the refund is only processed once the seller receives it and confirms its condition. The seller will be responsible for return shipping costs.

9.4 Return Condition and Inspection

When a return is approved (whether by the seller or automatically), the following conditions apply:

• The refund amount will not be credited to the buyer's wallet until the item has been returned to the seller and confirmed to be in the same condition as when it was delivered.
• Once the seller receives and inspects the returned item, the refund will be credited to the buyer's wallet within 3 to 8 business days.
• If the returned item is damaged, altered, or not in the same condition as when it was originally delivered, the seller has a limited time from receipt of the returned item to escalate the matter by contacting [email protected]. The Thesouthmart administration team will investigate and make a final determination.

9.5 Seller's Right to Decline

Sellers are entitled to decline a return or refund request if the item was delivered in good condition, as described in the listing, and in accordance with the platform's policies. Sellers are not obligated to accept returns for items that were accurately represented and arrived undamaged.

9.6 Escalation and Final Decision

If a seller declines a dispute, the matter will be escalated to the Thesouthmart administration team for investigation. The admin team will:

• Review all evidence, explanations, and communications submitted by both the buyer and the seller.
• Make a determination based on the evidence provided and Thesouthmart's policies.

The decision made by the Thesouthmart administration team is final, binding, and non-negotiable. Both parties agree to accept and abide by this decision. Thesouthmart is committed to fairness and will make all determinations impartially based on the available evidence.

9.7 Ruling Outcomes

• If the ruling favours the buyer: The buyer must return the item. The refund will be credited to the buyer's wallet within 3 to 8 business days after the seller receives and confirms the item's condition. The seller will be responsible for return shipping costs.
• If the ruling favours the seller: The buyer will retain the item and no return or refund will be processed. This decision is final and non-negotiable.

9.8 Wallet Refunds

All refunds processed under the Buyer Protection program are credited to the buyer's wallet only after the returned item has been received by the seller and confirmed to be in the same condition as when it was originally sent. Buyers may withdraw funds from their wallet to their bank account or use the balance for future purchases on the marketplace. Refunds take 3 to 8 business days to appear in the buyer's wallet after the return is confirmed.

9.9 Agreement

By purchasing Buyer Protection at checkout, you agree to all the terms outlined in this section. You acknowledge that the Buyer Protection fee is non-refundable, that dispute decisions made by the Thesouthmart administration team are final and non-negotiable, and that you will comply with the dispute process as described herein.

10. Intellectual Property Rights

10.1 Thesouthmart Property

All content on Thesouthmart, including but not limited to text, graphics, logos, images, software, and design, is the property of Thesouthmart or its licensors and is protected by South African and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

10.2 User Content

By posting content on Thesouthmart, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the platform.

10.3 Copyright Infringement

We respect the intellectual property rights of others. If you believe that your work has been infringed, please contact us at [email protected] with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy and authorization

11. Privacy and Data Protection

11.1 Personal Information

By using Thesouthmart, you consent to the collection, use, and processing of your personal information in accordance with our Privacy Policy and applicable data protection laws, including the Protection of Personal Information Act (POPIA).

11.2 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

11.3 Seller Responsibility

Sellers are responsible for protecting and properly using buyer personal information. Any misuse of buyer data by sellers is the sole responsibility of the seller, and Thesouthmart shall not be liable for such misuse.

12. Limitation of Liability

12.1 Disclaimer of Warranties

Thesouthmart is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure.

12.2 Limitation of Damages

To the maximum extent permitted by law, Thesouthmart, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from:

• Your use or inability to use the platform
• Transactions between users
• Unauthorized access to your account
• Errors, mistakes, or inaccuracies of content
• Any interruption or cessation of services

Our total liability to you for all claims arising from your use of the platform shall not exceed the amount you have paid to Thesouthmart in the 12 months preceding the claim, or R1,000, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Thesouthmart, Vhathenzheni General Solutions (Pty) Ltd, and our officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the platform
• Your breach of these Terms and Conditions
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Content you post on the platform
• Transactions between you and other users

14. Breach of Terms

If you breach these Terms and Conditions, or if we reasonably believe you have breached these terms or any of our policies, we may:

• Issue a warning
• Temporarily or permanently suspend your account
• Remove or edit your content or listings
• Cancel pending transactions
• Contact your internet service provider to request blocking of your access
• Take legal action, including seeking damages and injunctive relief
• Report your activities to law enforcement authorities

15. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or relating to these terms or your use of Thesouthmart shall be subject to the exclusive jurisdiction of the courts of South Africa.

16. Amendments to Terms

We reserve the right to modify, update, or replace these Terms and Conditions at any time at our sole discretion. Changes will be effective immediately upon posting to the platform. Your continued use of Thesouthmart following the posting of changes constitutes your acceptance of those changes. It is your responsibility to review these terms periodically. We may also provide additional notice of significant changes via email or platform notifications.

17. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Thesouthmart.

19. Assignment

You may not assign or transfer these Terms and Conditions or your account without our prior written consent. We may assign or transfer our rights and obligations under these terms without restriction.

20. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any additional seller or buyer terms, constitute the entire agreement between you and Thesouthmart regarding your use of the platform and supersede all prior agreements and understandings, whether written or oral.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms and Conditions, please contact us at:

Email: [email protected]
Company: Vhathenzheni General Solutions (Pty) Ltd
Registration Number: 2019/014324/07

22. Acknowledgment

By using Thesouthmart, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must immediately cease using the platform.