ONLINE MARKETPLACE AND APPLICATION AGREEMENT
Definitions
1. Company: Refers to Mzansi Lifestyle Market, an online marketplace and application company registered under South African laws.
2. Client: Any individual or entity intending to sell goods/services on the Company’s online marketplace.
3. Goods/Services: Products or services listed and sold on the Company’s platform by the Client.
4. Defective Goods/Services: Products or services with manufacturing defects or not meeting specified representations.
Goods and Services Listing Subscription and Commission
1. Listing Subscription: Monthly fee of R250 for a limited number of goods/services listing.
2. Commission: The Company entitled to 10% of each item/service sold unless otherwise stated.
Cars and Property Listing Subscription and Commission
1. Car Listing: Monthly fee of R250 per car for listing.
2. Property Listing: Monthly fee of R1000 for 30 photos over 6 months.
Payment System
1. Payment Gateway: Centralized secure system for transactions.
2. Wallet: Client provided with a wallet for sales proceeds; 10% commission deducted from all sales.
Minimum Requirements for Listing Items Images
1. Background: Transparent or Neat Background.
2. Image Specifications: Minimum pixels 600×600, ratio 1:1.
3. Naming and Pricing: Clear item names, prices, and specifications for services.
Defective Goods/Services
1. Responsibility: Client solely accountable for quality and accuracy.
2. Refund/Replacement: Client responsible for refunding/replacing defective goods/services at their expense.
Shipping and Delivery
1. Shipping Obligation: Client arranges shipping on receiving payment confirmation.
2. Shipping Fees: To be borne by the purchaser.
Stock Availability Updates
1. Client Access: Provided with login details for updates.
2. Prompt Updates: Client to swiftly update goods/services availability.
Confidentiality and Personal Data
1. Confidentiality: Parties to keep proprietary information confidential.
2. Personal Data Handling: Company handles personal data as per data protection laws.
Termination
1. Termination: Either Party can terminate with a month’s notice.
2. Accrued Obligations: Termination doesn’t release accrued obligations/liabilities.
Governing Law and Dispute Resolution
1. Governing Law: Governed by South African laws.
2. Dispute Resolution: Disputes to be resolved amicably or through litigation as necessary.
Use of User Data for Marketing Purposes (POPIA Compliance)
1. Data Collection and Processing: Company collects/processes data for specified purposes.
2. Limited Use: Client permits limited data use for marketing tied to platform services.
3. Security Measures: Company ensures lawful and secure data processing.
4. Restriction on Use: Client refrains from using user data beyond agreed purposes without consent.
5. User Rights: Users have rights to opt-out or limit personal data use for marketing.
Entire Agreement
1. Scope: This Agreement supersedes all prior understandings, oral or written, relating to the subject matter.