Website Terms of Use

Terms and Conditions of Use

This Agreement is binding between you and uBuyaBox (Pty) Ltd (Hereinafter referred to as “uBuyaBox”).

This Agreement sets out the terms and conditions that will regulate the buying and selling of products and services that can be accessed on our Website.

Using or browsing the Website (together with all services and Products available through the ubuyabox.com domain name and other sites published on, operated or controlled by uBuyaBox) and by making use of the uBuyaBox service you agree, without limitation or qualification, to be bound by, and to comply with:

(a)    these Terms and Conditions; and

(b)   uBuyaBox Privacy Policy at www.ubuyabox.com/southafrica/content/privacy-policy; and

(c)    uBuyaBox Pricing at https://ubuyabox.com/Vendor-membership.

These Terms and Conditions apply to all Vendors of our Website to access Products and services as published and may alter or revise. uBuyaBox will from time to time make changes to the Website to improve and streamline its brand, to add Products or services, which may be done at its sole discretion, whether or not the change has been communicated.

Definitions and Interpretations for clarification of terminology used

  1. Unless otherwise indicated or interpreted by the context:
  2. (a) Clause headings in this Agreement are for convenience only and are not to be used in its interpretation.

      (b) An expression that denotes a natural person shall include a juristic person and vice versa and the singular shall include the plural and vice versa.

      (c) If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, the effect will be given to it as if it were a substantive provision in the body of these Terms and Conditions.

     (d) Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

     (e) To the extent that there exists any inconsistency between the terms of these Terms and Conditions and other terms and conditions the terms herein shall prevail to the extent of any inconsistency unless expressly provided otherwise herein.

  1. Where used in this Agreement the following definitions shall bear the meanings assigned to them hereunder:

Agreement” means these terms and conditions of use;

Distribution Channel” means the delivery service as predefined by uBuyaBox for sending and delivery of purchases;

Fees” or “Ancillary Charges” or

Charges” means any charges which uBuyaBox charges in terms of Products and Services were related to selling, purchasing or promotions;

Guest User” means a user who uses the Site without creating an Account Profile;

Indemnified Party” means uBuyaBox, its officers, employees, contractors, consultants, agents, service providers, and or any related entities, associates or affiliates of uBuyaBox, and each of their respective officers, employees, contractors, consultants, agents or service providers from time to time;

Intellectual Property Rights” means those rights relating to intellectual property as contained in this Agreement;

Privacy Policy” means the policy in its entirety available as a link on the marketplace Site;

Product” means the products sold on the marketplace and includes, but not be limited to: fashion, apparel, footwear, accessories, sound, photography, furniture, vouchers, discounts, music, prints, paintings, sculptures, digital media, design, decor, pets, garden, books, linen products and services;

Prohibited or Restricted Product” means all Products that are classified as prohibited or restricted or subject to approval by uBuyaBox that may not be offered for sale or be sold on the marketplace due to licence requirements, rules and regulations of both local and cross-border authorities or outside the scope of the category list of the marketplace;

Purchase Transaction” means the transaction which is created when a Shopper completes the Checkout Process to purchase;

Registration Data” means the information about Users required by uBuyaBox via the creation of an Account Profile to complete the registration as a User on the Site;

Service” means that uBuyaBox shall provide you with “uBuyaBox Portal” or access to a proprietary internet-based software functionality system, which is a system that allows for collaboration of trade between Shoppers and Vendors of Product(s);

Shopper” means an active, registered User or a Guest User of the Service who browses  and may purchase Products via the Site;

Site” or “Website” or “Portal” means the internet website by which uBuyaBox offers the Products or Services from time to time, which is www.ubuyabox.com or associations, links or profiles on social media platforms were in the name of uBuyaBox;

Store” means the individual Vendor store created to sell Products, and shall be treated as any other Vendor store created;

User” means a Guest User, any Shopper(s) or Vendor(s) or sourced supplier alternatively any third party who has completed the registration process to access the Products and Services on the marketplace of uBuyaBox;

User Account” means the registering of user information through the uBuyaBox Portal, in order to either create a Store and sell Products through uBuyaBox or in order to purchase a Product through uBuyaBox;

VAT” means any value-added tax or other consumption tax;

Vendor” means an active, authorised registered User of uBuyaBox who has created a Store on the uBuyaBox Service in order to list, promote, market and sell Products;

we“, “us“, “our“, “ourselves” and “uBuyaBox” or “entity” are used interchangeably in this Agreement and all will mean ubuyabox.com/southafrica;

you” or “you are” means you, whether as a Vendor and/or you as a Shopper, as the instance may require, or otherwise, and your successors and Users granted access; and

your information” means all information you provide to us in using this Site, including, without limitation, as applicable:

(a)    your registration details, including name, contact and address details;

(b)   your card details whether credit or debit card;

(c)    the information about any Products and Services that are posted on this Site; and

(d)    the information that was shared about you as a result of your use of this Site, including without limitation, through the Products and Services posted on this Site if you are a Vendor, and the goods and Services you purchase if you are a Shopper.

Trading Conditions

  1. In order to perform any trading transaction on the uBuyaBox Portal, the registration process must be completed in order to activate the User Account. This registration is required for both Shoppers and Vendors.
  2. All Registration Data required must be complete, be true, accurate, correct and current.
  3. It is the responsibility of the User to maintain and update user information as and when required to be relevant.
  4. Your account will be suspended or terminated indefinitely should uBuyaBox suspect any or all or part of the information submitted or shared is untrue, incorrect and/or not current.
  5. Login and registration information should be managed and secured by you. uBuyaBox will not accept any responsibility where this information was shared by you or the password was unsecured and used to perform transactions using your login information. For the avoidance of doubt, once your login details are entered correctly, uBuyaBox accepts no liability for the fraudulent purchase of Products and use of the Services.
  6. You may never use another User’s User Account to transact.
  7. You will be solely responsible for all activity on your User Account.
  8. You must contact uBuyaBox without delay should you suspect any breach of security or unauthorised use of your User Account.
  9. All information shared whether through registration or otherwise will become the exclusive property of uBuyaBox through affiliations, successors, subsidiaries or associations.
  10. uBuyaBox reserves the right to use and reuse all Registration Data subject to the uBuyaBox Privacy Policy.
  11. uBuyaBox will rely on the Registration Data shared to authenticate and authorise the use of the Portal without further inquiry.
  12. uBuyaBox will send a verification to complete the registration and activation of the User Account.
  13. uBuyaBox reserves the right in its sole discretion to determine the Users that are allowed to register and thus activation of the User Account.
  14. uBuyaBox only acts as the mediator between the Shopper and the Vendor to act on their behalf to conclude a transaction of buying and selling with related Products and Services and applicable Fees, excluding Prohibited and Restricted Products and Services. In this regard, uBuyaBox:
    • buys on behalf of the Shopper the Products and/or Services as selected and checked out on the Vendor’s Store as performed by the Shopper with the buying transaction having been completed by the Shopper.
    • does not represent or hold itself as the manufacturer or agent or sales representative of any Product or Service offered for sale or sold or advertised on the Portal.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to Product and Services as included in this Agreement or available on or via the Portal.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to Product and Services that a Shopper or Vendor or sourced supplier will conclude their action regarding the selling and buying transaction obligation of the Product or Service as available on or via the Portal.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to the identity of the Shopper or Vendor or sourced supplier who the entity claims to be.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to the Service and delivery of the Product by the Vendor to the Shopper.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to any card details or payment information provided to us by the Vendor or Shopper or sourced supplier, despite credit checks that might have been undertaken:
      • A user of the card is authorised to transact with a card to conclude a transaction;
      • Card details or payment information is correct;
      • Credit limit not exceeded; and
      • The card has not been stolen or reported as stolen.
    • does not have control over, or represent or indicate that we may have control over any or all of the circumstances were related to a dispute between the Shopper and the buyer or sourced supplier once the buying transaction has been completed for the Product and Service as available on or via the Portal. Disputes will be directly handled between the Shopper and the Vendor or sourced supplier.
    • only acts as a mediator between the Shopper and Vendor showcasing Products and Service-related on the Site and/or have no control over, or represent or indicate that we may have control over any or all of the circumstances were related to the acceptance of the offer.

uBuyaBox Product and Service offering

  1. Active and verified Vendors can access the Portal to set up a Store to market and list Products, for selling and promotion.
  2. Vendors are enabled to:
    • Upload content that will allow for editing and managing of Products;
    • To participate in feature weeks to gain more exposure and showcase Products.
  3. Active Shoppers can transact with Vendors on the Portal to buy or source Products of interest or submit requests to assist with unique purchases from sourced suppliers and to channel them through our Distribution Channel.
  4. The following may not be sold on our marketplace due to licence requirements, rules and regulations of both local and cross-border authorities or outside the scope of the category list of the marketplace;
    • Alcohol
    • Tobacco
    • Pharmaceuticals
    • All live animals and livestock or related Products as a result thereof
    • Illegal drugs
    • Firearms and ammunition
    • Pornography
    • Farm produce
    • Wheat, maize and cereal or related Products
    • Perishables including meat but not limited to:
      • Used pneumatic tyres
      • Rawhide and skins
      • Diamonds and gold
      • Live plants and Products
      • Honey
      • Fireworks and explosives
    • Anything not approved by the marketplace
    • The following Products need to be reviewed for approval by the marketplace before you may sell on our marketplace such:
      • Imported Products into SACU that are not normally locally available
      • Branded Products that are governed by distribution and resale agreements
      • Designed, handmade or crafted Products that are outside the scope of the category list of the marketplace
      • Products that are once-offs and no continuity have a negative influence on the marketplace
  5. uBuyaBox reserves the right to review the Products and see if they are a good fit for the uBuyaBox brand and Portal prior to the Products being listed on the Portal. Whether a Product is a good fit for the uBuyaBox Portal is entirely within uBuyaBox’s discretion.
  6. The Portal will provide you with a username and password that is unique and of your own choice:
    • A username and password which are not unique may be altered or varied by the Portal and you will be informed of this at the time of registration;
    • We reserve the right to adjust the username and password encryption and you will be notified of this change via email.
  7. All necessary equipment, network connections and operating systems to access the Portal will be the responsibility of the User.
  8. uBuyaBox in its sole discretion may restrict or terminate the Service to you at any point without prior notification or requirement to furnish a reason for its decision.
  9. All communication between the Shopper and the Vendor will be channelled via the Portal for tracking and reference purposes. Should information be shared it will be of your own choice and uBuyaBox will not be held responsible or accountable for any breach of information due to this action.
  10. The use of the Portal is subject to the following terms:
    • The right to use the Portal are reserved to you solely, subject to acknowledging the Privacy Policy and acceptance of this Agreement and is restricted for use by any other party or entity unless written consent has been issued by uBuyaBox;
    • All rights are reserved by uBuyaBox where you may not licence, sell, transfer, assign, distribute, make available or exploit for commercial purposes to any third party the Product and Service offering in any way to duplicate for the same outcome, have aesthetic appearances, reverse engineer, decompile, alter or translate or alter interpretation based on the concept of uBuyaBox;
    • You will not attempt to remove or interfere with the functionality or appearance of all intellectual property associated or included on the uBuyaBox Portal or part thereof.
  11. Once your User profile has been terminated, cancelled and/or has expired you will no longer have the right to use the Portal or any of the social media platforms of uBuyaBox.

Charges

  1. All transaction Charges and Ancillary Charges will be due and for the account of the User on the marketplace.
  2. Vendors agree to pay Fees in one of the following ways:

(“Membership Fees”)

  1. The Membership Fee is recurring until the subscription expires or is cancelled.
  2. To activate the Vendor profile the first Membership Fee will be due in terms of the Standard Option and will be directed to checkout to finalise the transaction.
  3. The payment of the Monthly Subscription Fee will automatically be collected on the 25th or nearest business day from the nominated bank account or card details as provided on the User profile.
  4. The Vendor in exchange for paying the Membership Fees is allowed to sell and showcase Products and Services in their Store.
  5. Any Products that are listed for sale, at a discount or as part of the feature week promotion will be subject to the same percentage commission on the total transaction value.
  6. A payment statement will be made available to you and can be accessed via your User Account.
  7. Any changes to the Vendor Fees (and Membership Fees) will be communicated 14 (fourteen) days prior to the implementation of such changes. A change in Fees can vary in certain instances and be of a temporary nature depending on promotional and marketing activities launched by uBuyaBox.
  8. Any new Fees related to new Services or changes to existing Fees that uBuyaBox may wish to introduce, will be in its sole discretion and will be effective on the launching date of a new Service or stated effective date. The changes to Fees can include the structure of Fees and the basis on which fees will be calculated.
  9. uBuyaBox reserves its right to suspend the access of the User in the event where the User has failed to fulfil its payment obligation for Services or Products accessed via the Portal, in whole or part thereof.
  10. Any claim or dispute in the calculation of Fees should be immediately reported to uBuyaBox via e-mail to chat@ubuyabox.com within 14 (fourteen) days following the financial transaction day including the details which may have been given rise to a claim or dispute. Furthermore to the aforementioned and only where such transaction was generated by the Portal of uBuyaBox, associates, affiliations, service providers or any direct relationship of the entity, failure to comply with the procedure as set out, you will forfeit the right for participation to resolve a claim or dispute amicably and uBuyaBox may in its sole discretion reject such claim without further notice or liability.
  11. The Vendor may at any time in its sole discretion change Fees or prices related to the listed Product in its Store or Fees where related to Services offered by the Vendor and the effectiveness thereof.
  12. uBuyaBox reserves the right in its sole discretion to change financial transaction rules, credit rules and payment rules required from time to time and beneficial to the entity and alignment to its business concept.
  13. Suspension, withdrawing or removing of any Services or Products on offer via the Portal will be at the sole discretion of the Vendor.
  14. Unless otherwise stated, all transaction values appearing on the Portal or documentation prepared and presented will refer to either ZAR or NA currency denominations.
  15. VAT inclusive or exclusive will be indicated in conjunction with the Product or Service cost on the Portal or documentation as the transaction occurs.
  16. Selling and buying are only limited to Products and Services available via the Portal and not the actual web pages that remain the property of uBuyaBox.
  17. uBuyaBox in its sole discretion reserves the right to add and sell promotional space on its Portal to third parties with or without consent or payment.

Vendor

  1. Until further notice or cancellation of the user profile as a Vendor, you agree that registration is subject to a verification process prior to activation of the user profile.
  2. You warrant that all information submitted is true, correct and not of a fraudulent nature that can be used to complete the verification process to which the activation of the User Account is subjected too.
  3. The verification process will include product quality and reviews as traced or established on the internet, and credibility checks performed via financial institutions and services.
  4. uBuyaBox will be under no obligation to approve you as a Vendor.
  5. As part of the Purchase Transaction, uBuyaBox will receive the purchase price on your behalf, which it shall release weekly to the relevant Vendors.
  6. You agree that you may be removed from the Portal as a Vendor and User and this Agreement terminated immediately if:
    • you do not comply with this Agreement;
    • you receive continuously bad reviews from Shoppers;
    • you fail to deliver Products purchased by Shoppers or you deliver them with unreasonable delay;
    • you do not comply with the expectation to upload Content.
  7. As a registered Vendor, you agree and warrant to the Shopper and to us in respect of the advertised products and Services that:
    • The information provided to register is accurate, true, not misleading, fraudulent or deceptive.
    • You are not in breach of any Intellectual Property Rights of a third party.
    • You and your Products comply will all applicable laws, government regulations or guidelines of the country of origin or country of manufacturing.
    • The Products advertised are not forged, offensive, pose a threat or are likely to result in harassment.
    • You are not in breach of any confidential contract signed or agreed upon, or sharing confidential information or trade information of a third party unless you have agreed to.
    • No viruses or threads have been attached or embedded in the content or information that is uploaded to the Portal of uBuyaBox and pose indefinite damage to the detriment of uBuyaBox as a legal operating entity.
    • The content shall not involve the defamation of character whether a natural person or entity, in any form whether transmitting misleading or inaccurate information of any kind.
    • No Product or Service-related or content uploaded to the Portal of uBuyaBox contain any pornography, show anything that may be interpreted as inhumane or be obscene or be of an offensive nature.
    • You are presenting Products and Services related thereof which you are the legal owner and are acting within your legal capacity to conclude the sale and to pass the title in the Goods and Service to the Shopper via uBuyaBox.
    • No hyperlink will be attached or describe Products that are not for sale on Portal.
    • That the Products and related Services including the price on offer are reasonably fit for the purpose it is intended for or supplied for as per:
      • The description of the Product as listed on the Portal;
      • It is free from any other charge which can result in inconvenience for the Shopper for the purchase made.
    • Due care was taken to attract and conclude the transaction.
    • That the Product will meet the requirement of the Shopper it so wants to achieve and that the Product including the materials used will be free of any harm and of quality for the Shopper to be satisfied with its purchase.
    • All Products and Services related to the supply is in compliance with both the local governing and foreign authorities and especially that of the Consumer Protection Act of South Africa.
    • The Vendor is obligated that for each Product advertised on the Portal, to include terms and conditions to which the sale will be subjected to:
      • Payment terms;
      • Manufacturing or production lead times;
      • Delivery lead times;
      • Return and refund policy;
      • Any taxes and costs, including but not limited to VAT;
      • Unless otherwise stated, any value to be accompanied by the currency symbol under which the transaction will operate; and
    • The Vendor agrees to abide and adhere to any and all terms and conditions of this Agreement in totality and not limited to this section only.

Shopper

  1. Until further notice or cancellation of the user profile as a Shopper, you agree that registration is subject to completion of all required information fields prior to activation of the user profile.
  2. As a registered Shopper, you agree and warrant to the Vendor and to us that:
    • The information provided to register is accurate, true, not misleading, fraudulent or deceptive.
    • You are not in breach of any Intellectual Property Rights of a third party.
    • You are acting within your legal capacity to conclude the sale and will be in breach of any law both in South Africa and on foreign territory when making a purchase of your choice.
    • You will not attempt to make any purchase of a Product and Services related thereto unless your intent is of a true and honest nature and able to have sufficient funds to conclude such a buying transaction.
    • The transfer of ownership is passed from the Vendor to the Shopper via uBuyaBox.
    • Any buying transaction for Products and Service-related thereto on the Portal is done at your own risk.
  3. You agree and undertake to make payment via the Portal.
  4. That you agree and undertake that in the event where you are of the opinion that you may have no interest in the Product and Services related thereto that you will without fail to suspend and close your User Account.

Assisted Purchase Shopper

  1. Until further notice or cancellation of the user profile as a Shopper, you agree that registration is subject to completion of all required information fields prior to activation of the user profile.
  2. As a registered Shopper, you agree and warrant to the Sourced Supplier and to us that:
    • The information provided to register is accurate, true, not misleading, fraudulent or deceptive.
    • You are not in breach of any Intellectual Property Rights of a third party.
    • You are acting within your legal capacity to conclude the sale and will be in breach of any law both in South Africa and on foreign territory when making a purchase of your choice.
    • You will not attempt to make any purchase of a Product and Services related thereto unless your intent is of a true and honest nature and able to have sufficient funds to conclude such a buying transaction.
    • The transfer of ownership is passed from the Vendor to the Shopper via uBuyaBox.
    • Any buying transaction for Products and Service-related thereto on the Portal is done at your own risk.
  3. You agree and undertake to make payment via the Portal or the nominated bank account of uBuyaBox as printed on the quote received.
  4. That you agree and undertake that in the event where you are of the opinion that you may have no interest in the Product and Services related thereto that you will without fail to suspend and close your User Account.

Shopper and Vendor transactions

In addition to the aforementioned Terms and Conditions:

  1. In the event of a Purchase Transaction between the Shopper and Vendor:
    • Your choice is to transact and place an order with a Vendor on the Portal, that the transaction will only be facilitated by the Portal of uBuyaBox.
    • That uBuyaBox will be available to assist to conclude the transaction in the case where technical difficulty has occurred.
    • That extra attention will be paid to the selection of a Product as sizes, colours and specifications will apply to conclude the selection of such Product to purchase.
    • That the description of the Product and Service-related thereto was read and understood.
    • That the conditions of the Store policy were read and understood, as this will apply especially in the event of returns or refunds.
    • That any dispute or request for refund or return will be direct between the Shopper and Vendor on the Portal.
    • That any refund or return is at the sole discretion of the Vendor.
    • That any return of a Product purchased will be for the account of the Shopper and that uBuyaBox can only assist and facilitate this for returns from South Africa.
    • That any cost for a return from South Africa will be quoted and be paid in advance and that refund for such a return is between the Shopper and the Vendor.
    • On the completion of the Purchase Transaction which will include submission of payment for the Product and Service-related thereto:
      • That you have accepted the cost for the Product and Services related thereto; and
      • That the payment was submitted to the bank account of uBuyaBox and that uBuyaBox will, in turn, submit payment to the Vendor or selected supplier.
    • All financial transactions concluded on the Portal will be final, save for where refunds are approved.
    • It is the responsibility of the Vendor to deliver the completed product in a prompt manner without delay unless communicated.
    • Shoppers may pass on a review and rating on the marketplace to share their shopping experience on the Portal and provide feedback to the Vendor were related to the actual Purchase Transaction.
    • Ratings and reviews should be fair and just to pre-empt any damage to the Vendor which may result in legal action for which the User will be held liable.
    • In instances where uBuyaBox is of the opinion and in its sole discretion find that any review or rating is derogatory, that  such review or rating will be removed from the portal.Conditions:

Insurance

Shoppers may have the option to procure goods in transit insurance. Such insurance shall, however, be subject to the requisite terms and conditions of the appropriate carrier, and shall not be procured from uBuyaBox directly, and as such, uBuyaBox shall assume not any liability in respect thereof.

GENERAL TERMS AND CONDITIONS

uBuyaBox May Change These Terms and Conditions

  1. We have absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on the Portal that will be effective forthwith.
  2. By accepting this Agreement, you also agree to accept and be bound by any changes made by us under this Clause. In any event, your continued use of the Services after any changes to the terms of this Agreement has taken effect in accordance with Clause 1, will be deemed to be your acceptance of those changes to the terms of this Agreement.

Compliance with These Terms and Conditions

  1. You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another User that you think maybe a breach of this Agreement, whether the conduct has ceased, is continuing or may occur in the future.
  2. You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
    • doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
    • the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
    • We consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
  3. If we believe, whether or not we have conducted any monitoring, that you are not, or maybe in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
  4. If you:
    • infringe or are suspected of infringing the Intellectual Property Rights of any other person;
    • are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other website; or
    • have an overdue payment on your uBuyaBox Account; or
    • otherwise, breach this Agreement; we may, in our absolute discretion:
      • withhold from you, your use of any or all of the Services;
      • delete or remove, without incurring any liability to you, any or all of your information and block incoming and outgoing data or message transfers;
      • restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
      • terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.

Use of Site

  1. In using this Site, you must not:
    • illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
    • alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other Users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
    • impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other Users or any other person;
    • offer, sell, export any Products and Services if this breaches any law applicable to you;
    • engage in any practice or conduct that is unlawful under any laws applicable to you;
    • copy, modify, or distribute rights or content from our sites, services or tools or uBuyaBox’s copyrights and trademarks; and
    • harvest or otherwise collect information about Users (including email addresses), trades listed or sales activities conducted on uBuyaBox without the express permission of uBuyaBox
  2. Any links or references (direct or indirect) to other websites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those websites, or the products and services contained on those websites.
  3. The information and material contained on this Site have been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site comply with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
  4. Using information about other uBuyaBox Users –
    • You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
    • uBuyaBox transaction-related purposes that are not unsolicited commercial communications;
    • using Services offered through uBuyaBox; and
    • other purposes a user expressly agrees to.
  5. You agree to respect other Users’ privacy and disclose your privacy and security policies to them. By law, you must give other Users a chance to remove themselves from your database and a chance to review the information you have collected about them.

Entering into and terminating this Agreement

  1. You represent and warrant to us:
    • if you are an individual that you are 18 (eighteen) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
    • if you are a juristic entity:
      • that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
      • entering into this Agreement does not violate your Constitution; and
      • you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
  2. Transactions in case of a minor:
    • If you are under 18 (eighteen) years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a User or make use of the Services of uBuyaBox unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
    • If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and uBuyaBox.
    • We strictly reserve our rights to refuse our Service, terminate/suspend your account or cancel orders, should uBuyaBox, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
    • To the extent that you utilize our Services, we shall deem it that you were/are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
    • Notwithstanding anything that is contained in this Agreement, any party may terminate this Agreement on one month’s written notice.

The licence of, and Use of, your information

  1. You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to use the Intellectual Property Rights you have in your information, in whatever medium.
  2. You further hereby grant uBuyaBox the right to use your trademark, logo and Content (“Your Branding”) in any particular marketing and/or promotional campaign initiated by uBuyaBox in all forms of media both physical and digital.
  3. You agree to:
    • permit uBuyaBox to utilize Your Branding in marketing materials and on its Website; and
    • permit uBuyaBox to identify you as a customer.
  4. You are not authorized to use the uBuyaBox trademark or logo (the “uBuyaBox Branding”) in any manner without the express written consent from uBuyaBox.
    • Notwithstanding the foregoing, you are authorized to use the uBuyaBox marketing materials subject to our written instructions.
  5. We agree to use your information only in accordance with the privacy statement below and further hereby acknowledge and agree as follows:
    • You shall retain all right, title and interest, including all Intellectual Property Rights, in and to any of your content and your branding you provide to uBuyaBox and any other property, and/or material belonging to you, and nothing in this Agreement shall confer any license or right of ownership in such material; and
    • uBuyaBox shall retain all right, title, and interest, including all Intellectual Property Rights, in and to any of the uBuyaBox Service, uBuyaBox branding, Website, and technology provided by uBuyaBox, and any other property, and/ or material belonging to uBuyaBox, and nothing in this Agreement shall confer any license or right of ownership in such material.

Privacy Statement to be read in conjunction with Privacy Policy

  1. This privacy statement discloses the privacy practices for the ubuyabox.co.za site.
  2. We have agreed to notify you:
    • What personally identifiable information of yours or third party personal identification is collected from you via this Site;
    • The organization collecting the information;
    • How the information is used;
    • With whom the information may be shared;
    • What choices are available to you regarding the collection, use and distribution of the information;
    • The kind of security procedures that are in place to protect the loss, misuse or alteration of the information under our control;
    • How you can correct any inaccuracies in the information.

Disclaimer and Limitation of Liability

  1. Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
    • a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
    • any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;
    • in relation to purchases or sales on this Site, that were not processed or accepted due to technical difficulties or for any reason whatsoever;
    • whether we or another person could have foreseen such a loss or type of loss or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
    • any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
    • any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
    • any reliance on, the information and material contained on this Site about any Products and Services or any other information or material whatsoever, or any information and material contained on, and the privacy of, websites linked to this Site;
    • any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.
    • for anything relating to the uBuyaBox rating system
    • any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the Users.
  2. To the extent permitted by law, all terms, conditions and warranties or representations whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.

Release and Indemnity

  1. Notwithstanding, and in addition to any other provision in this Agreement, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
    • your use of the Services;
    • your offering for sale and the sale of, and/or, your purchase of, any Goods and Services as a result of using the Services;
    • the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any Users (other than you) made available by use of the Services;
    • any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
    • any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.

Disputes

  1. You and uBuyaBox must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this clause before starting any proceedings (except proceedings seeking urgent relief).
  2. The procedure for resolving a dispute is as follows:
    • first, either you or uBuyaBox may give notice to the other about the nature of the dispute (“Notice”) and you and uBuyaBox will seek to negotiate a settlement within 14 (fourteen) working days of receipt of the Notice;
    • second, to the extent those negotiations fail, you and uBuyaBox will seek, within a further 5 (five) days, to reach an agreement on the appointment of a mediator for resolving the dispute, and
    • failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.
  3. You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if the judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
  4. User disputes:
    • uBuyaBox encourages Users to report user-to-user disputes to local law enforcement, or a certified mediation or arbitration entity, as applicable.
    • uBuyaBox, for the benefit of users, may try to help users resolve disputes.
    • uBuyaBox does so at uBuyaBox’s sole discretion, and uBuyaBox has no obligation to resolve disputes between Users or between Users and outside parties.
    • To the extent that uBuyaBox attempts to resolve a dispute, uBuyaBox will do so in good faith based solely on uBuyaBox’s policies.
    • uBuyaBox will not make judgments regarding legal issues or claims.

Entire Agreement

  1. This Agreement together with the membership agreement and Privacy Policy constitutes the entire agreement between you and uBuyaBox.
  2. Unless the context indicates otherwise, this Agreement incorporates all other agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.

Remedies Cumulative

All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our Website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our Services, you are deemed to have accepted the amendment, variation or update as binding on you.

Relationship Of Parties

Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.

Further Assurances

A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this Agreement.

Governing Law

This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceeding arising out of or with respect to this Agreement.

Jurisdiction

The parties submit to the jurisdiction of the High Court of South Africa, Cape High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.

Notices

You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any Notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this Site. Any Notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or facsimile, or email to the relevant party to this Agreement at its respective address as specified on the application for registration on this Site and, in the case of uBuyaBox, at the aforementioned address and in the case of mail will be deemed to have been served 3 (three) business days after posting. In the case of a facsimile it will be deemed to have been served on receipt of a successful transmission notice and in the case of email, it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a Notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.