- www.amazingmall.africa ("our Website") (hereinafter referred to as "our Site") is an online marketplace retail site owned and operated by amazingmall za (Pty) Ltd, registration number: 2020/150173/07 (hereinafter referred to as "AmazingMall.africa", "us", "our", or "we"). Our Site enables all customers thereof ("Customers") to search for and purchase the products and/or services of third parties who have registered with us for this purpose "you" or "your" as the context may indicate).
- In order to use any of the Services and become a Seller, you must lawfully market and/or sell your own products and/or services ("Products"), targeting the South African market, via a website and/or mobile-site ("Seller Site") and/or bricks and mortar store ("Seller Shop") which you own and operate.
- In order to use any of the Services, you must register for a Seller account ("Seller Account") which enables you to access the Seller platform within our Website ("Seller Platform") via which you can access the Services.
- Note that we are not obliged to accept your registration application and reserve the right not to enter into this Agreement with you as we may reasonably deem fit. (Reasons for any such refusal could include for example that you have previously been suspended from our Services or you pose an unacceptable level of risk for AmazingMall.africa)
Commencement & Duration
- This Agreement will commence upon our acceptance of your registration application and will endure indefinitely, subject to termination in accordance with the provisions of this Agreement.
- You acknowledge that you will remain bound by this Agreement (as may be amended from time to time in terms of clause 10 below) for as long as you use any of the Services. This Agreement will terminate automatically and simultaneously with the termination for any reason of the Services provided to you by us.
- The expiration or termination of this Agreement shall not affect such of the provisions of the Agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
- The inclusion of your Products in our Site: You will be able to create your product listings of import via CSV the details of all the Products marketed or offered for sale by you on your Seller Site. We specifically disclaim any warranty regarding the rank, location and prominence of any of your Product listings anywhere on any of our Sites. We reserve the right to determine whether and where your Product listings will be displayed in response to any given search, and we do not guarantee any specific placement on our Sites. We reserve the right to remove any Product listing (or any part thereof) at any time, on reasonable grounds, for any breach of this Agreement or infringement of any third party rights.
- Customer reviews and comments: Registered Customers will be able to review your Products and post comments in relation to your Products (in the form of text, photographs and/or otherwise) and you acknowledge that such reviews and comments could be positive or negative, but that such reviews and comments are those of our registered Customers, submitted by them directly, and don't reflect our views, and the ratings given to any Sellers or their products are calculated based on rating submissions made by our registered Customers and are not determined by us. We will not be liable in any way in relation to such comments and reviews. Should you feel that any comments or reviews are false or unduly prejudicial to you, please contact us, in which case we may, but shall not be obliged to, investigate the matter further and take such action as we may deem fit.
- Premium Listings and Ads: You may from time to time, for an additional fee, be able to purchase 'featured offer' advertising space on our Site for one or more of your Products, or to appear as a premium listing in Customers' search results.
- Reporting: You may request a report of your popular products, and the number of total sales received (monthly and annually) on your products. These reports are generated manually and on request only.
Your Product Content
- You must ensure that your Products are at all times legal, accurate, relevant, comprehensive, and up to date. To this end, you shall also update the content of your Seller Site on a regular basis to ensure it contains complete and accurate information, including your contact information (such as your full names, registration number, contact numbers and email addresses etc). You may not at any stage impersonate someone else. Products must also at all times be legal.
- The Product prices in your store must be expressed in ZAR, inclusive or exclusive of VAT and inclusive or exclusive of shipping fees.
- Shipping is mandated by us and if needs be sometimes you will be required to ship products yourself and you will be informed on the method to use and you should act responsibly and follow the procedure given.
- You acknowledge that you are solely responsible for the content you provide to us and you warrant that the Product will not contain any material which is unlawful, obscene, abusive, harassing, vulgar, offensive, intimidating, pornographic, defamatory, or which constitutes bait marketing, or which does or reasonably could have a negative impact on our reputation or infringe upon any third parties' rights whatsoever (including but not limited to intellectual property rights, rights to privacy, rights of ownership of names, copyright, brand names and all other rights relevant to competition, and to the use of any domain names protected by law). You further hereby indemnify us and hold us harmless against any and all loss, expense, or damages suffered, or any third party claims made against us arising from or in relation to a breach by you of the aforesaid warranty.
- Adult material: we strictly do not allow adult material and products on AmazingMall.africa.
- Without detracting from the generality of the foregoing or your obligations under the 'Prohibited Conduct' section below, as a Seller, anything you post/upload to the Site must be strictly relevant to you or your Products. Also, you may not post/publish any pornographic or offensive material, or material which you do not have the right to distribute. By uploading any media/content to the Site, you warrant that you own the copyright therein or have the permission of the copyright owner to publish such content on the Site and that such content does not otherwise violate this Agreement.
- We have the absolute right to reject any content that is illegal, offensive or otherwise in breach of this Agreement. If you refuse to remove any content deemed objectionable by us, we may terminate the Service without further notification and you shall be liable for any fees and charges up to the date of such termination.
Fees & Other Charges
- Fees: There are no upfront fees for registering as a Seller at the current moment and we will update sellers on pricing structure in the near future, provided we notify you thereof via email at least 7 days prior to the fee adjustment being implemented. We also charge you commission fee per product sold. Standard Commission Fee is 15% plus R4 per product sold. Commissions are refundable. Commissions on the sale of products which are out of stock will not be refunded to your seller account. Commissions will only be refunded if a customer cancels their order, does not pay or if it is a fraudulent transaction. We are entitled to increase or vary any of our Fees (including the aforesaid Commission Fee) from time to time, provided we notify you thereof via email at least 7 days prior to the fee adjustment being implemented. We also reserve the right to come to other payment arrangements on a case-by-case basis.
- Payout: Payouts are payable every Thursday or Friday. Payouts are already excluding the commission fee to AmazingMall.africa. Payouts are only made after 7 days for items which have been shipped by the Seller and received by the Customer.
- Taxes: Unless otherwise stated, Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited value-added, sales, use or withholding taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with the Services. If we have the legal obligation to pay or collect Taxes for which you are responsible the appropriate amount shall be invoiced to and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we remain solely responsible for taxes assessable against it based on our income, property and employees.
- No Set-off or Deductions: You are not entitled to withhold any payment of any Fees due to us by reason of any alleged breach of this Agreement or for any other reason whatsoever. In addition, you may not apply set-off to or demand any discount, rebate or reduction in respect of any Fees owed to us.
- A certificate signed by either the General Manager or Financial Manager of AmazingMall.africa, whose appointment, qualification and authority need not be proved, shall be prima facie proof of the amount in Fees due and payable by you at any time.
- Billing Complaints: You may direct any billing or account complaint to us at firstname.lastname@example.org.
Relationship with Customers
- AmazingMall.africa’s role is limited to providing the platform through which you can promote your Products to our customers. Our Service is limited to displaying your Product listings on our Sites (where relevant to a Customer's search request), directing Customers to your Products, follow-up action with such person, including responding to his/her queries, or accepting his/her order which may be placed on your Product. However, once a Customer has purchased your product you are solely responsible for shipping of the goods on time.
- In order to protect AmazingMall.africa’s reputation, you hereby warrant to and in favour of AmazingMall.africa that in the conduct of your business, and in the performance of your obligations under this Agreement, you will at all times comply with the Consumer Protection Act 68 of 2008, Electronic Communications and Transactions Act 25 of 2002, and any other laws which may be applicable ( as may be amended from time to time) and hereby indemnify AmazingMall.africa against any and all loss, damage, or expense suffered by us, or any third party claims which may be made against us, which arise from or in relation to a breach of the aforesaid warranty.
- We are not an agent of any Customer, do not make any warranties in relation to such persons, and neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising in relation to any Customer. Without detracting from the generality of the foregoing, we will not be liable in any way whatsoever in relation to any sales you may conclude with any Customer. In selling any products and/or services to any Customer, you are contracting with the relevant Customer and such Customer is solely responsible for the fulfillment of all aspects of his/her/its purchase from you. We do not guarantee that any Customer or any other party involved in transactions arising from your listings or advertisements placed on the Site will act in good faith.
- Should you suspect that any Customer is conducting a fraudulent activity or otherwise misleading other Customers in any way, please notify us thereof at email@example.com so that we can take such measures as we deem appropriate.
- Your Information: When registering for and maintaining a Seller Account, you will be required to provide certain personal and other information to us to enable us to provide the Services to you. You are solely responsible for the accuracy of the information you provide to us or other customers as aforesaid ("Your Information"). We will not be liable to you in any way whatsoever for any loss, expense or damage suffered by you, or claims made by third parties against you, and you further indemnify us against any loss, expense or damage we may suffer, or claims made by third parties against us, which arise from or in relation to your having submitted inaccurate information to us.
- Information required validating your identity: We use many techniques to identify our Sellers when they register on our Site. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and registration. However, because customer verification on the internet is difficult, we cannot and does not guarantee any Seller's or Customer's identity.
Security & Risks
- You are solely responsible for securing all data in your possession and/or under your control. It is your responsibility to, and you agree and warrant that you will, keep your username and password secure and confidential at all times in that you will only use your username and password for your own personal use and will not disclose your username and password to any other persons, or enable any other persons to otherwise access your Seller Account. If you are a Legal Entity, you must further ensure that the persons authorized by you to access your Seller Account do so within the scope of their authority and do not disclose your username and password to any unauthorized person or enable any unauthorized person to otherwise access your Seller Account.
- Any person that delivers or attempts to deliver any damaging code to our Site or attempts to gain unauthorized access to any page on our Site shall be prosecuted and civil damages shall be claimed in the event that we suffer any damage or loss.
- You allow us to take all reasonable steps to ensure the integrity and security of our Site and back-office applications
Changes to this Agreement and/or the Services
- We reserve the right to modify our Site or Services, in part or in whole, temporarily or permanently, or to launch new services or improvements, on a prior notice posted on our Site.