Use Agreement - Flea MarkiT

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.FleaMarkiT.co.za website.

Your use of Flea MarkiT website {including www.FleaMarkiT.co.za including mobile application (hereinafter collectively referred to as the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of www.FleaMarkiT.co.za and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours, South African Standard Time 01 March 2021 (“User Agreement”). www.FleaMarkiT.co.za is an internet based portal operated by Flea Mark-it.

For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require ‘”You”, “Your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “FleaMarkiT” shall mean www.FleaMarkiT.co.za and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned on Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by FleaMarkiT at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean Your affirmative action in clicking on ‘register’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Buy Now’ / ‘checkout’/ ‘proceed to checkout’ button while transacting as Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your Acceptance You hereby further agree that this User Agreement is being concluded and executed at South Coast, FleaMarkiT.

Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on any of the buttons and do not seek to obtain access to or otherwise use the Website.

Amendments:
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is Your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting this User Agreement, you also accept and agree to be bound by FleaMarkiT.co.za Rules and Policies as provided from time to time in the following hyperlinks
1. FleaMarkiT.co.za Policies & Rules

2. FleaMarkiT.co.za Privacy Policy

1. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under South African Contract Act. Persons who are “incompetent to contract” within the meaning including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. FleaMarkiT.co.za reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Business entity registration:If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business entity to this User Agreement.

Guest User:If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for all other benefits that are not assignable to a non-registered user.

2. Your Account and Registration Obligations
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your phone, the details of which are used to transact services with FleaMarkiT.co.za. You agree, inter alia, to:

Provide true, accurate, current and complete information about yourself as prompted by FleaMarkiT.co.za’s registration form or provided by You as a Guest User (such information being the “Registration Data”)
You must not include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
Ensure that You exit from Your account at the end of each session.

If You provide any information that is untrue, inaccurate, not current or incomplete or FleaMarkiT.co.za has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, FleaMarkiT.co.za has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. FleaMarkiT.co.za shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2.

3. Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to FleaMarkiT.co.za, You agree and understand that You are communicating with FleaMarkiT.co.za through electronic records. You consent to receive communications from us electronically. We will communicate with You by email or by posting notices on the Website or through any other FleaMarkiT services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be adequate services of notice/electronic record and satisfy any legal requirement that such communications be in writing.

4. Fees and Services
Membership for buyers on the Website is free. FleaMarkiT.co.za does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees for Membership, which is hereby incorporated by reference into this agreement. FleaMarkiT.co.za reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in South African Rands and be payable to FleaMarkiT within such time as specified in the invoice.4.1.

Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon.

4.2. Non-payment: FleaMarkiT.co.za reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to FleaMarkiT.co.za. FleaMarkiT.co.za also reserves the right to take legal action in case of non- payment of fees.

5. Use of the Website
5.1. You understand and agree that FleaMarkiT and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party (3^rd) user generated contents. FleaMarkiT.co.za neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. FleaMarkiT.co.za has no control over the third-party user generated contents and does not provide any guarantee with respect to any such contents and FleaMarkiT shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.

5.2. You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

5.2.1. “Your Information” is defined as any information You provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.

5.2.2. Your Information (or any items listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediary and remove non-compliant information.

5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

belongs to another person and to which You do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involves the sale of counterfeit or stolen items;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defense, security or sovereignty of South Africa, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, FleaMarkiT.co.za does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items Policy, shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act,
are identical to other items You have up for auction but are priced lower than Your item’s price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;

5.2.4. FleaMarkiT.co.za shall have the right to use Your Information as provided by You and such usage of Your information by us does not amount to violation of any rights You might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information.FleaMarkiT..co.za will only use Your Information in accordance with the User Agreement and FleaMarkiT.co.za’s Privacy Policy.

5.2.5. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.

5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform FleaMarkiT.co.za of the same at admin@FleaMarkiT.co.za.

5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Antiquities and Art Treasures Act, 1972 (“Artwork”), You shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside South Africa.

5.2.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.

5.2.9. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to FleaMarkiT.co.za as membership subscription sign up

5.2.11 You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers , directors or employees or vendors has not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable South African law including anti- bribery and anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform FleaMarkiT of such knowledge and if requested by FleaMarkiT, provide to FleaMarkiT such information it may reasonably require regarding such conduct. FleaMarkiT shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. FleaMarkiT shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given hereinabove.

6. Platform for Communication
FleaMarkiT.co.za’s ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE/FLEA MARKET AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL FLEAMARKiT’ HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL FLEAMARKiT.co.za HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.

6.1. FleaMarkit.co.za does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites. FleaMarkiT.co.za makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights. Any transactions that the Buyer may have with such third parties are at Buyer’s own risk. The products shall be subject to Seller’s terms and conditions for warranty, service and maintenance, and FleaMarkiT.co.za does not accept any responsibility for the same. FleaMarkiT.co.za also does not accept any responsibility for the usage of the products by the Buyer.

6.2 FleaMarkiT.co.za specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and FleaMarkiT.co.za shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.

6.3 All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. FleaMarkiT.co.za does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Buyers and Sellers.

6.4. FleaMarkiT.co.za is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). FleaMarkiT.co.za cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. FleaMarkiT.co.za shall not and is not required to mediate or resolve any dispute or disagreement between Users.

6.5. FleaMarkiT.co.za does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

6.6 FleaMarkiT.co.za does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to FleaMarkiT.co.za. Prices, Product description and availability of the Product are Seller’s responsibility.

6.7. FleaMarkiT.co.za does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer. FleaMarkiT may provide fulfillment and logistics services to certain merchants/Sellers but still does not take possession or title of any product or service sold.

6.8 Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and FleaMarkiT.co.za shall not in any manner be held liable for the same.

6.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. FleaMarkiT.co.za is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with FleaMarkiT.co.za nor shall FleaMarkiT.co.za have any obligations or liabilities in respect of such contract. FleaMarkiT.co.za is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.

6.7. At no time shall any right, title or interest over the items vest with FleaMarkiT.co.za nor shall FleaMarkiT.co.za have any obligations or liabilities in respect of such contract. FleaMarkiT.co.za is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items offered by the Sellers are only for a restricted time and only for the available supply as offered by Sellers.

6.8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You transact with.

6.9. You release and indemnify FleaMarkiT.co.za and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, FleaMarkiT.co.za cannot control the information provided by other Users which is made available on the Website. You may find another User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

Disclaimer:You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

7. Privacy
We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, we only use Your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the United States and Asia Pacific at some of the best data centers in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and rules there under. If You object to Your Information being transferred or used in this way please do not use the Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing unless You explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required by us to provide You with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent.

We may disclose personal information if required to do so under the law or in good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of Your personal information with another business entity we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of the business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to Your personal information.

Your Consent: By using the Site and/ or by providing Your Information, You consent to the collection and use of the information You disclose on the Site by FleaMarkiT.co.za in accordance with FleaMarkiT.co.za Privacy Policy. You agree and acknowledge that You have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable by You.

8. Breach
Without limiting other remedies, FleaMarkiT.co.za may limit Your activity, immediately remove Your information or end Your listing, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with the access to the Website in the event, but not limited to:

If You breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
If FleaMarkiT.co.za is unable to verify or authenticate any information provided by You; or
If it is believed that Your actions may cause legal liability for other Users or FleaMarkiT.co.za. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with FleaMarkiT.co.za or use the Website in any manner whatsoever until such time that such User is reinstated by FleaMarkiT.co.za. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, FleaMarkiT.co.za reserves the right to recover any amounts due and owing by You to FleaMarkiT.co.za and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

9. Buying
All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction with the Seller.

By purchasing on an item You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.

FleaMarkiT.co.za strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by FleaMarkiT.co.za.

Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website we encourage You to post feedback for the Seller after the transaction is closed.

In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of South Africa or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

10. Fulfillments and Shipping
FleaMarkiT.co.za from time to time may offer certain fulfillment services to Sellers, however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. FleaMarkiT.co.za may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, FleaMarkiT.co.za takes title or ownership of any product or inventory.

11. Buyer Protection at FleaMarkiT.co.za
FleaMarkiT does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through FleaMarkiT.co.za. All Merchants listing their products on FleaMarkiT.co.za are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the FleaMarkiT seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.

If FleaMarkiT.co.za has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then FleaMarkiT.co.za may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

FleaMarkiT.co.za reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, FleaMarkiT.co.za may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.

12. Selling/Advertising
As a registered member, You may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at FleaMarkiT.co.za Rules and Policies which Policy is incorporated by way of reference in this Agreement. You represent that You are legally allowed to sell/advertise the item(s) You list for sale/advertising on FleaMarkiT.co.za. You further agree to ensure that the products sold/advertised by You through FleaMarkiT.co.za are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products listed by You on FleaMarkiT.co.za do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.

You acknowledge and understand that “Listings” may include text descriptions, graphics and pictures that describe Your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if You are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to Your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising Your product.

You acknowledge that if any genuine claim is received by FleaMarkiT.co.za from any person through the Report Abuse section of FleaMarkiT.co.za (terms of which are incorporated herein by reference), FleaMarkiT.co.za may in its sole discretion block Your merchant/user account and/or remove the products listed by You on FleaMarkiT.co.za, without any prior notice to You. FleaMarkiT.co.za would however provide You a post facto intimation regarding the same. You agree that You shall have no claim whatsoever against FleaMarkiT.co.za in this regard and the decision of FleaMarkiT.co.za, as aforesaid shall be binding on You.

You further agree to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. If the item description does not match the actual condition of the item, You agree to replace the product delivered to the Buyer with the correct product and/or refund any amounts that You may have received from the Buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the Website. FleaMarkiT.co.za reserves the right to delete such multiple listings of the same product listed by You in various categories.

13. Payments
FleaMarkiT.co.za uses third party payment providers to receive payments from the Buyers on Seller’s behalf. FleaMarkiT.co.za is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. FleaMarkiT.co.za takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, FleaMarkiT.co.za does not release the payment to Sellers until the order has been shipped or recieved by the Buyers and they are satisfied with it. FleaMarkiT.co.za shall only make payments to the Sellers subject to realisation of payment received from the Buyer to FleaMarkiT.co.za. The Seller payment is typically net of the service fee charged by FleaMarkiT.co.za for its services and after deduction of applicable withholding taxes (if any).

13.1 FleaMarkiT shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:

http://www.polity.org.za/attachment.php?aa_id=3569 .

13.2 Payment options accepted Payment may be made via Visa and MasterCard.

13.3 Card acquiring and security

Card transactions will be acquired for Flea MarkiTand PayFAST who are the approved payment gateway for all South African

Acquiring Banks. PayFAST uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

13.4 Customer details separate from card details

Customer details will be stored by Flea MarkiT separately from card details which are entered by the client on Payfast’s secure site. For more detail on PayGate refer to www.payfast.co.za.

13.5 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

13.6 Responsibility

Flea MarkiT takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

13.7 Country of domicile

This website is governed by the laws of South Africa and Flea MarkiT chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

14. Feedback
We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed, this helps other Users to know the performance level of the said Merchant/Seller. Please remember that You cannot retract the feedback once You have provided it. Further You agree that the feedback You provide to the Website shall be deemed to be non- confidential and will be displayed along with Your user ID. FleaMarkiT.co.za will not be responsible for the feedback that You post on the Website and You should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which You shall alone be liable.

You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, FleaMarkiT.co.za reserves the right to suspend Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information of You or of third parties.

Export –As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that You shall not market or export Your Website feedback rating in any venue other than on the Website.

Import –We do not provide the technical ability to allow You to import feedback from other websites to fleaMarkiT.co.za because a composite number, without the corresponding feedback does not reflect Your true online reputation within our community.

15. No Warranty
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY FLEAMARKiT.co.za ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FLEAMARKiT.co.za MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLEAMARKiT.co.za OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLEAMARKiT.co.za WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. FLEAMARKiT co.za ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FLEAMARKiT.co.za WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FLEAMARKiT.co.za HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT FLEAMARKiT.co.za NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. FLEAMARKiT.co.za SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, FLEAMARKiT.co.za SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND FLEAMARKiT.co.za ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. FLEAMARKiT.co.za IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. FLEAMARKiT.co.za ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

16. Limitation of Liability
In no event shall FleaMarkiT.co.za or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).

FleaMarkiT.co.za’s entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of South African Rands One Hundred (ZAR 100) or the amount of fees, if any, paid by You to FleaMarkiT.co.za under the relevant order to which the cause of action for the liability related. FleaMarkiT.co.za, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, FleaMarkiT.co.za assumes no liability whatsoever for any monetary or other damage suffered by You on account of:

Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
Any interruption or errors in the operation of the Website.

17. Indemnity
You agree to indemnify and hold harmless FleaMarkiT.co.za and (as applicable) FleaMarkiT.co.za’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by FleaMarkiT.co.za, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, FleaMarkiT.co.za Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.

FleaMarkiT may notify You of any claims which You shall be liable to indemnify FleaMarkiT.co.za against. You will then be required to consult with FleaMarkiT.co.za regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of FleaMarkiT.co.za without the express prior written consent of FleaMarkiT.co.za which can be withheld or denied or conditioned by FleaMarkiT.co.za in its sole discretion.

18. General
18.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and FleaMarkiT.co.za and You shall have no authority to bind FleaMarkiT.co.za in any manner whatsoever.

18.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of FleaMarkiT.co.za to Legal Department, PO BOX 91205, Marina Beach, (in the case of FleaMarkiT.co.za) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

18.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

18.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and FleaMarkiT.co.za with respect to the subject matter hereof.

18.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. FleaMarkiT.co.za may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that FleaMarkiT.co.za assigns the Agreement on the same terms or terms that are no less advantageous to You.

18.6. Dispute Resolutions: Generally, transactions are conducted smoothly on FleaMarkiT.co.za. However, there may be some cases where both the Buyers and Sellers may face issues. At FleaMarkiT.co.za, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.

How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to admin@fleamarkit.co.za in order to raise a dispute. Once a dispute is raised by either party, FleaMarkiT.co.za shall try to mediate and the resolve the matter amicably.

18.7. Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

Grievance Officer

19. Report an Intellectual Property Right Violation
In the event You come across any abuse or violation of these Terms of User Agreement or if You become aware of any objectionable content on the Website, or if You believe Your intellectual property rights have been violated in any manner through the Website, please refer to the FleaMarkiT Intellectual Property Violation (SCIPV)

20. Arbitration
If any dispute arises between You and FleaMarkiT.co.za during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by FleaMarkiT.co.za. The place of arbitration shall be Ramsgate, South Africa. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

21. Governing Law
The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of South Africa. Subject to Clause 19 above, all disputes arising under this Agreement between You and FleaMarkiT.co.za shall be subject to the exclusive jurisdiction of courts at Ramsgate, South Africa.