Terms and Conditions

1. About Thesouthmart

1.1 Company Information

Thesouthmart.co.za ("Thesouthmart," "we," "us," or "our") is an online marketplace where verified, independent sellers across South Africa sell new and second-hand goods to buyers. We run the platform, collect payments into escrow through our escrow partner, arrange delivery and returns, and provide customer support and dispute handling.

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.

"Customer" or "Buyer" means a person who buys products from a seller through Thesouthmart.

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

"Seller" means an individual or business that lists products on Thesouthmart and sells them to buyers.

"Transaction" means any purchase made through the platform, being a sale by a seller to a buyer.

"User" means any person who accesses or uses Thesouthmart, whether as a customer, 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

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
• Always log out of your account at the end of each session, especially when using shared or public devices.
• Do not save passwords in browsers on shared or unsecured computers. Ensure that your login credentials are not stored or automatically filled on devices that others can access.

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

4.1 Our Role

Thesouthmart operates an online marketplace. Products are listed and sold by independent sellers, and when you buy a product, your contract of sale is with the seller of that product. Thesouthmart is not the seller of products listed by sellers, unless a listing clearly states that Thesouthmart itself is the seller. As the marketplace operator, we:

• Provide the platform on which sellers list products and buyers buy them
• Collect payment into escrow through TradeSafe and release it in line with these Terms
• Book delivery and returns with our courier partners
• Provide customer support and handle disputes between buyers and sellers
• Process refunds in line with Section 11

Each seller is responsible for their listings, for the products they sell, and for the legal obligations of a seller, including those under the Consumer Protection Act where the seller sells in the ordinary course of business. We help buyers exercise their rights against sellers through our return and dispute process.

4.2 User Responsibilities

As a user of Thesouthmart, you agree to:

• Comply with all applicable local, national, and international laws and regulations
• Conduct yourself in a professional and courteous manner
• Provide accurate and truthful information in all interactions
• Honor all commitments and agreements made through the platform

4.3 Prohibited Activities

You may not use Thesouthmart to:

• Engage in fraudulent, deceptive, or misleading practices
• Harass, threaten, or abuse other users or our staff
• 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
• Share or ask for contact or payment details, or arrange to meet, pay or complete a sale outside Thesouthmart (see Section 4.7)

4.4 Third-Party Links

Thesouthmart may contain links to third-party websites 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.

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.

4.6 Listings Sold on Other Websites (Affiliate Listings)

Some listings are marked "Affiliate". These items are sold by other retailers on their own websites. When you choose "Buy from the seller's website", you leave Thesouthmart and buy directly from that retailer, under the retailer's own terms, prices, delivery and returns policy.

Purchases made on another retailer's website are not processed by Thesouthmart, are not paid into escrow, and are not covered by our inspection window, Inspection Cover, buyer protection or returns process. Thesouthmart may receive a commission or fee from the retailer when you buy through these links.

4.7 Messages Between Buyers and Sellers

Buyers can message a seller about a listing through Thesouthmart's chat. Chat is for questions about the item, its condition, delivery and the sale. Deals arranged outside Thesouthmart are not covered by escrow or buyer protection, so in chat you may not:

• Share or ask for phone numbers, email addresses, social media accounts, website links, bank details, or any other way to contact or pay each other outside Thesouthmart
• Arrange to meet in person, pay in cash, or complete the sale outside Thesouthmart
• Send abusive, threatening or offensive messages

Messages are checked automatically before they are delivered, including by automated tools from our service providers (see our Privacy Policy). Messages that break these rules are not delivered, and we keep a record of them. Repeated attempts to share contact details or move a sale off Thesouthmart will pause the conversation while our team reviews it, and may lead to action under Section 18. If you believe a message or conversation was stopped by mistake, contact us and a person on our team will review it.

To keep chats about the item, we may limit the number and length of messages, the number of messages you can send before the other person replies, and the number of new conversations a buyer can start each day. A conversation may close after a period without messages, or when the item is no longer available. Some of these limits are relaxed once the buyer has paid for the item.

Our team may read conversations when reviewing a paused conversation, investigating a dispute, report or suspected fraud, or when required by law. Buyers can see whether a seller is online and when the seller was last active. When you are not signed in, we email you about new messages, and we remind sellers about questions that have not been answered.

4.8 Offers

On some listings, buyers can make an offer below the listed price, and the seller may accept or decline it. A buyer may have one pending offer per item. An accepted offer lets that buyer buy the item at the offered price through the normal checkout while the item is still available. It does not reserve the item, and the item may sell to another buyer first. All other terms, including delivery fees, the inspection window and returns, apply to purchases made at an offer price.

4.9 AI Shopping Assistant

The "Ask AI" assistant answers questions using our policies and current listings. Its answers are generated automatically by an artificial intelligence service, may be incomplete or wrong, and are general information only, not advice. They do not form part of any agreement with you. If an answer differs from a listing, these Terms or our policies, the listing, these Terms and our policies apply.

Do not share personal, financial or other sensitive information with the assistant. Use of the assistant is limited, for example to a number of questions per day, and we may ask you to confirm you are a person before you use it. We may change, limit or withdraw the assistant at any time.

5. Seller Obligations

5.1 Product Submissions

Sellers must ensure that every item they list is accurately described as new, refurbished or second-hand, and that it:

• Are accurately described with clear, representative images
• Are in the condition stated at the time of submission
• Comply with all applicable laws and regulations
• Are free from any legal encumbrances or third-party claims
• Are not stolen, counterfeit, or obtained through unlawful means

5.2 Fulfillment

Sellers are responsible for:

• Delivering products to the designated dispatch point in a timely manner
• Packaging products securely and appropriately
• Ensuring products match the submitted description and images

5.3 Compliance

Sellers must comply with all Thesouthmart seller guidelines, which may be updated from time to time. Thesouthmart reserves the right to remove any product listing or suspend any seller account that does not meet our standards.

5.4 Seller Verification and Identity Requirements

Before any seller account is approved and before any products may be listed on the platform, sellers are required to complete a verification process. This is a mandatory requirement and no seller may list products on Thesouthmart without successful verification. As part of this process, sellers must provide:

• Full legal name as it appears on a government-issued identity document
• A valid South African ID number or passport number
• A clear copy of a valid government-issued identity document (South African ID card, ID book, or passport)
• Proof of residence not older than three months (e.g. utility bill, bank statement, or municipal account)
• A valid South African bank account in the seller's name, confirmed by a bank-issued document or stamped letter
• A valid South African contact number and email address
• For businesses: company registration documents (CK/CIPC certificate) and proof of the authorised representative's identity

Thesouthmart reserves the right to request additional documentation at any time to verify identity, ownership of goods, or compliance with applicable laws. Failure to provide the required documentation will result in account suspension or termination.

By submitting your details, you consent to Thesouthmart verifying your identity and information through available means, including but not limited to third-party verification services, and to the retention of your documentation in accordance with our Privacy Policy and applicable law.

5.5 Second-Hand Goods Act Compliance

Thesouthmart operates in accordance with the Second-Hand Goods Act, 2009 (Act No. 6 of 2009), as it applies to the buying and selling of second-hand and refurbished goods. In compliance with this Act:

• Sellers of second-hand or refurbished goods must provide valid identity documentation before any goods may be accepted for listing
• Thesouthmart maintains records of all sellers and transactions involving second-hand goods as required by law
• Thesouthmart has submitted its application to the South African Police Service (SAPS) for registration as a Second-Hand Goods Dealer, and operates in accordance with the requirements of that Act pending confirmation of registration
• Sellers may not list items that are known or suspected to be stolen, and doing so constitutes a criminal offence under South African law
• Thesouthmart cooperates fully with SAPS and other law enforcement agencies and will provide seller records when lawfully required to do so

Sellers who list second-hand or refurbished goods acknowledge and accept these compliance obligations as a condition of using the platform.

5.6 Prohibited Items

The following items may not be listed on Thesouthmart under any circumstances:

• Stolen goods or goods obtained through unlawful means
• Counterfeit, replica, or fake branded goods
• Items that require a licence or permit to sell, where the seller does not hold the required licence
• Weapons, ammunition, or controlled substances
• Items prohibited under South African law
• Items subject to a court order, embargo, or legal dispute

Listing prohibited items may result in immediate account termination and referral to law enforcement.

5.7 Sellers' Responsibilities to Buyers

Sellers are the sellers of the items they list, and agree that:

• Buyers may return items within the inspection window and on the terms set out in Section 11, and sellers must accept those returns
• Sellers who sell in the ordinary course of business must honour buyers' rights under the Consumer Protection Act, including the right to return defective goods within six months of delivery
• Refunds owed for returned items may be paid from funds held in escrow or deducted from the seller's future earnings on Thesouthmart

6. Customer Obligations

6.1 Payment

Customers 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

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

6.3 Inspection Window

After delivery, buyers have an inspection window of 7 calendar days to inspect the item and, if they wish, return it under Section 11. Buyers who add Inspection Cover at checkout have 14 calendar days. The payment stays in escrow during the window. When the window closes without a return or dispute, the order is complete and the funds are released to the seller. This does not affect your rights under consumer law for defective goods (see Section 11.6).

7. Pricing and Payments

7.1 Product Pricing

Product prices are set by the seller and listed in South African Rand (ZAR) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders already placed and confirmed.

7.2 Service Fees

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

7.3 Payment Processing

Payments are processed securely through approved 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

Thesouthmart is responsible for collecting and remitting applicable taxes on sales made through the platform. Prices displayed may or may not include VAT as indicated at checkout.

8. Escrow and Payment Processing

8.1 How Escrow Works

All payments on Thesouthmart are processed through a secure third-party escrow service (TradeSafe). When a buyer completes payment, funds are held in escrow and are not released to the marketplace until the transaction is confirmed as complete. This protects buyers by ensuring funds are only released once delivery and inspection obligations are met.

8.2 Fund Release

Escrow funds are released to Thesouthmart upon expiry of the buyer's inspection window, provided no dispute has been raised. Thesouthmart then processes seller payouts in accordance with Section 9. If a dispute is raised within the inspection window, funds remain held in escrow until the dispute is resolved.

8.3 Delivery and Inspection Cover Fees

The delivery fee and any Inspection Cover fee you paid are refunded together with the product price if an order is cancelled, never arrives, or you return the whole order because it is faulty, damaged, not as described or the wrong item. They are not refunded for change-of-mind returns, because the delivery and cover were provided (see Section 11.2).

9. Seller Payments and Withdrawals

9.1 Seller Earnings

Sellers earn the proceeds from the sale of their items minus any applicable platform fees. Delivery fees are paid by the buyer at checkout, are payable to the courier service, and do not form part of seller earnings. Earnings are tracked in the seller's dashboard and become available for withdrawal once the buyer's inspection window has expired and no dispute has been raised.

9.2 Withdrawal Requests

Sellers may request a withdrawal of their available balance at any time through the seller dashboard. Thesouthmart will process withdrawal requests and transfer funds to the seller's registered bank account. Processing times may vary.

9.3 Payment Hold

Seller payments may be withheld or delayed in the event of an open dispute, damage claim, or platform investigation relating to an order. Thesouthmart reserves the right to hold funds for the duration of any investigation.

9.4 Subscription Plans and Commission

Sellers subscribe to a monthly plan billed in South African Rand (ZAR). Each plan defines the maximum number of unique products a store may list and the commission rate applied to sales. There are no listing fees. Commission is charged only on successful sales and is calculated at the rate applicable to the seller's plan at the time of the sale. Sellers may upgrade, downgrade, or cancel their plan at any time through the seller dashboard; changes take effect from the next billing cycle.

9.5 New Seller Commission-Free Period

New stores qualify for an introductory commission-free period of 15 calendar days from the date the store is created. During this period, no commission is charged on successful sales; subscription fees, where applicable, still apply. Once an order is placed, the commission rate applied to that order is locked and will not change retroactively. Thesouthmart may amend or withdraw this introductory offer for new stores at any time; any change will not affect orders already placed.

10. Order Cancellation Policy

10.1 Seller Acknowledgment

Sellers are required to acknowledge orders within 3 calendar days of the order being placed. If a seller fails to acknowledge an order within this period, the order will be automatically cancelled, the buyer will receive a full refund, and the seller's account may be flagged or suspended.

10.2 Seller Drop-Off Obligation

Once an order is acknowledged, the seller must drop off the item at the designated Courier Guy locker point within 2 calendar days of acknowledgment. Failure to do so will result in automatic cancellation of the order, a full refund to the buyer, and cancellation of the shipment booking. Repeated failures may result in account suspension.

10.3 Automatic Cancellations

Thesouthmart operates automated order management systems. Orders that are not fulfilled within the required timeframes are cancelled automatically. Sellers will receive notifications of any cancellations. Thesouthmart is not liable for losses resulting from automatic cancellations caused by the seller's failure to meet fulfillment obligations.

11. Returns, Refunds, and Disputes

11.1 Your Right to Return

You may return an item for any reason within the inspection window: 7 calendar days after delivery, or 14 calendar days if you added Inspection Cover. This includes your cooling-off right under section 44 of the Electronic Communications and Transactions Act. The item must be returned complete, with its accessories and packaging, and in the condition you received it, apart from what was needed to inspect it. This right does not apply where the law excludes it, for example to items made to your specifications, or audio, video or software that you have unsealed.

11.2 What You Get Back

• Did not arrive, or items missing: we refund the price of the missing items. If the whole order never arrived, we also refund the delivery fee and any Inspection Cover fee.
• Faulty, damaged, not as described or wrong item: we refund the price of the returned items, and the return delivery is free. If you return the whole order, we also refund the delivery fee and any Inspection Cover fee.
• Change of mind: we refund the price of the returned items, less the cost of the return delivery. The delivery fee and any Inspection Cover fee are not refunded.

Refunds are credited to your Thesouthmart wallet within 30 days of your return request. You can spend the balance on Thesouthmart, or ask us to pay it into your bank account at no charge.

11.3 How to Return an Item

Open a return from the order in your account within the inspection window, and tell us why you are returning it. We then book the return and give you a locker point and a time by which to drop the item off. The return booking is cancelled automatically if the item is not dropped off in time.

11.4 Seller Inspection of Returns

Once a returned item arrives at the seller's designated locker, the seller has 3 calendar days to collect and inspect it. If the returned item has been damaged, altered, or is not in the condition in which it was sent (apart from what was needed to inspect it), the seller must file a Damage Claim through the seller dashboard within those 3 days. If no claim is filed, the refund is processed automatically.

11.5 Damage Claims and Disputes

If a seller files a Damage Claim, the refund and the seller's payment are both held while the Thesouthmart team reviews the evidence from both sides. The team's decision settles the matter on Thesouthmart. It does not affect your right to complain to the National Consumer Commission or the Consumer Goods and Services Ombud, or to go to court.

For any other problem with an order, open a dispute from the order in your account. If you cannot, contact our support team. We will investigate and work to resolve every dispute fairly and promptly.

11.6 Defects Found After the Inspection Window

If you buy from a seller who sells in the ordinary course of business, the Consumer Protection Act also gives you the right to return defective goods within six months of delivery. This right is against the seller. If you find a defect after the inspection window has closed, contact our support team and we will take it up with the seller and help you exercise your rights. For second-hand goods, quality is judged against the item's age, condition and description at the time of sale.

11.7 Chargebacks

Customers who file chargebacks or payment disputes with their financial institution without first attempting to resolve the issue through the platform may have their account suspended or terminated.

12. Inspection Cover

12.1 Overview

Inspection Cover is an optional add-on you can buy at checkout. It extends your inspection window from 7 to 14 calendar days from delivery, giving you more time to inspect the item and, if you wish, return it.

12.2 Inspection Cover Fee

The Inspection Cover fee is a percentage of the order value and is shown before you pay. It is refunded if the order is cancelled or never arrives, or if you return the whole order because it is faulty, damaged, not as described or the wrong item. It is not refunded for change-of-mind returns.

12.3 What Inspection Cover Does Not Change

Inspection Cover only gives you more time. The conditions for returns and refunds in Section 11 still apply.

13. Secure My Deal

13.1 What Is Secure My Deal?

Secure My Deal is a service offered by Thesouthmart that enables sellers to create a secure, escrow-backed payment link for any deal, including deals arranged directly between a seller and a buyer outside of the Thesouthmart marketplace. The buyer pays into escrow via TradeSafe and funds are only released to the seller once the buyer confirms receipt.

13.2 Who Can Use Secure My Deal?

Secure My Deal is available to registered Thesouthmart sellers. To create a deal, the seller must be logged in and have an active seller account. The buyer does not need to be a registered Thesouthmart user but must have a valid South African mobile number to access the deal link.

13.3 Fees

Secure My Deal transactions are subject to the following fees, which are deducted from the amount released to the seller upon completion of the deal:

• TradeSafe escrow fee: 1.5% of the deal amount
• Thesouthmart platform fee: 1.5% of the deal amount

These fees are disclosed to the seller at the time of creating the deal and are deducted from the seller's payout. The buyer pays only the deal amount and delivery fee (if any) as quoted by the seller. Fees are non-negotiable and non-refundable once a deal has been created.

13.4 Minimum Deal Amount

The minimum deal amount for Secure My Deal is R500. Deals below this amount cannot be processed.

13.5 Deal Expiry

A Secure My Deal link expires if payment is not made within the designated window. Once a deal link expires, the seller must create a new deal. Thesouthmart is not responsible for deals that expire due to buyer inaction.

13.6 Escrow and Fund Release

Funds paid through a Secure My Deal link are held by TradeSafe in escrow. Funds are released to Thesouthmart (and subsequently to the seller, less applicable fees) once the buyer confirms receipt within the inspection window. If no dispute is raised within the inspection window, funds are released automatically.

13.7 Disputes

Disputes on Secure My Deal transactions must be raised within the inspection period specified in the deal. Thesouthmart will assist in facilitating resolution, but the final determination may rest with TradeSafe in accordance with their dispute resolution process. By using Secure My Deal, both the seller and buyer agree to TradeSafe's terms and conditions in addition to these terms.

13.8 Seller Responsibility

The seller is solely responsible for the accuracy of deal details, including item description, price, and delivery fee. Thesouthmart does not verify the contents or condition of items transacted through Secure My Deal and accepts no liability for disputes arising from inaccurate deal descriptions.

13.9 Prohibited Use

Secure My Deal may not be used for illegal transactions, the sale of prohibited items (see Section 5.6), or any activity that violates these Terms and Conditions. Thesouthmart reserves the right to cancel any deal and suspend any account found to be in violation of these terms.

14. Intellectual Property Rights

14.1 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.

14.2 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.

14.3 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

15. Privacy and Data Protection

15.1 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).

15.2 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.

16. Limitation of Liability

16.1 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.

16.2 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
• 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.

16.3 Your Rights Under Consumer Law

Nothing in these Terms limits or excludes any right you have under the Consumer Protection Act, the Electronic Communications and Transactions Act or any other law that cannot lawfully be limited or excluded, or any liability that cannot lawfully be limited, such as liability for gross negligence. If anything in these Terms conflicts with such a right, the right applies.

17. 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

18. 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
• Cancel pending transactions
• Take legal action, including seeking damages and injunctive relief
• Report your activities to law enforcement authorities

19. 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.

20. 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. We may also provide additional notice of significant changes via email or platform notifications.

21. 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.

22. 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.

23. 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.

24. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Returns Policy, 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.

25. 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

26. 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.