Terms and Conditions

Our mandate is to create a safe, secure and trusted marketplace for shoppers and vendors in South Africa.

Customer

OVERVIEW

This website is operated by Snapy Deals. Throughout the site, the terms “we”, “us” and “our” refer to Snapy Deals. Snapy Deals offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services/products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS / SERVICES / RETURNS POLICY

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Vendors Return Policy. Please ensure that you read and understand the Vendors Return Policy.

The Vendor will make every effort to display as accurately as possible the colors and images of their products that appear on their stores. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Returns of Vendor Products and refunds for returned Vendor Products or unsatisfactory services by Shoppers will be done in accordance with the Vendors Returns and Refund Policy available on the Platform, as may be amended from time to time. Acceptance of returns and payment of refunds will be handled by the Vendor in their final discretion, subject to compliance with any relevant laws.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. The Vendor reserves the right to limit the quantities of any products or services that they offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Vendor. Snapy Deals reserves the right to discontinue any product provided by the Vendor at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

The Vendor reserves the right to refuse any order you place with them. The Vendor may, in their sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Vendor makes a change to or cancels an order, the Vendor may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Vendor reserves the right to limit or prohibit orders that, in their sole judgment, appears to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at any Vendor store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Vendor can complete your transactions and contact you as needed.

For more detail, please review the Vendors Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We and/or the Vendor may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we and/or the Vendor provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We and/or the Vendor shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Snapy Deals, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Snapy Deals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CUSTOMER REGISTRATION ACCOUNT

  1. You can only use our Platform, if you register for a Snapy Deals account (“Account”). You can register for an Account that will enable you to advertise, sell and deliver Vendor Products (“Vendor”) or for an Account that will enable you to purchase and receive such Vendor Products (“Shopper” or “Customer”).
  2. You can register for an Account by completing and submitting the relevant registration form on our Platform. You represent and warrant that all information provided in the registration process is complete, up to date and accurate.
  3. You may not register for an Account if you are under 18 years of age. By registering for an Account and using our Platform, you warrant and represent to us that you are at least 18 years of age.
  4. Snapy Deals may reject an application to open an Account, or cancel an existing Account, for any reason, in our sole discretion.
  5. As part of the Account registration process, you will be asked to provide an email address/user ID and password (“Login Details”) and you agree to:
    1. keep your Login Details confidential;
    2. notify us immediately, in writing, if you become aware of any disclosure of your Login Details;
    3. be responsible for any activity on our Platform arising out of any failure to keep your Login Details confidential, and that you may be held liable for any losses as a result of such a failure.
  6. You alone will use your Account. You will not transfer your Account to any third party or authorize any third party to use your Account on your behalf. If you do, you do so entirely at your own risk.
  7. We may suspend or cancel your Account, and/or edit your Account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any Vendor Products you have paid for but not received, and you have not breached the Snapy Deals Terms, we will refund you in respect of the same.
  8. You may cancel your Account at any time by contacting us, using the details provided on our Platform.

Vendor

SECTION 21 – VENDOR

  1. Fugly Store (Pty) Ltd (registration number 2019/387428/07, (“SnapyDeals“, “we”, “our” or “us”) operates an e-commerce platform, called Snapy Deals, as a virtual marketplace, where registered Vendors can advertise and sell their products or services (“Vendor Products”) to registered Shoppers.
  2. The Snapy Deals platform is currently operated and accessible through our website – www. snapydeals.com (“the Platform”).
  3. These general terms and conditions (“Snapy Deals Terms”), together with all Snapy Deals Policies and any Snapy Deals terms and conditions (collectively referred to “this Agreement”) constitute a binding and enforceable legal contract between the user and Snapy Deals in relation to the use of the Platform and Services. By using our Platform, you accept these Snapy Deals Terms in full.
  4. If you disagree with the Snapy Deals Terms or any part thereof, you cannot use our Platform. By using our Platform, you confirm your acceptance of all the Snapy Deals terms and conditions.
  5. If you use the Platform as an employee or representative of another person or legal entity, then by so doing you:
    1. confirm that you have obtained the necessary authority to agree to this Agreement;
    2. bind both yourself and the person, company, employer or entity, to this Agreement; and
    3. agree that “you” in this Agreement will reference both the individual user and the relevant person, company, employer or legal entity – unless the context requires otherwise.
  6. Accepting the terms of this Agreement and your use of the Platform and related Service, must not be construed to mean the creation of any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties.

SECTION 22 – VENDOR REGISTRATION ACCOUNT

  1. You can only use our Platform, if you register for a Snapy Deals account (“Account”). You can register for an Account that will enable you to advertise, sell and deliver Vendor Products (“Vendor”) or for an Account that will enable you to purchase and receive such Vendor Products (“Shopper” or “Customer”).
  2. You can register for an Account by completing and submitting the relevant registration form on our Platform. You represent and warrant that all information provided in the registration process is complete, up to date and accurate.
  3. You may not register for an Account if you are under 18 years of age. By registering for an Account and using our Platform, you warrant and represent to us that you are at least 18 years of age.
  4. Snapy Deals may reject an application to open an Account, or cancel an existing Account, for any reason, in our sole discretion.
  5. As part of the Account registration process, you will be asked to provide an email address/user ID and password (“Login Details”) and you agree to:
    1. keep your Login Details confidential;
    2. notify us immediately, in writing, if you become aware of any disclosure of your Login Details;
    3. be responsible for any activity on our Platform arising out of any failure to keep your Login Details confidential, and that you may be held liable for any losses as a result of such a failure.
  6. You alone will use your Account. You will not transfer your Account to any third party or authorize any third party to use your Account on your behalf. If you do, you do so entirely at your own risk.
  7. We may suspend or cancel your Account, and/or edit your Account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any Vendor Products you have paid for but not received, and you have not breached the Snapy Deals Terms, we will refund you in respect of the same.
  8. You may cancel your Account at any time by contacting us, using the details provided on our Platform.

SECTION 23 – OPENING AND OPERATING OF A VENDOR ACCOUNT

  1. A Vendor Account will allow you to have a customized Vendor Site on the Snapy Deals marketplace where you can list your Vendor Products for sale. Your Vendor Site will allow Shoppers to view, purchase and pay for your Vendor Products.
  2. As a Vendor you can offer any product on your Vendor Site and upload the necessary content (“Vendor Content“) to market and sell those Vendor Products, provided that all Vendor Products and Vendor Content complies with our Vendor Content Policy, as amended from time to time.
  3. Vendors will be solely responsible for the safe delivery of Vendor Products purchased on the Platform and for all costs relating to such delivery.
  4. Vendors will ensure that –
    1. they are legally entitled to sell the Vendor Products on their Vendor Site;
    2. they are the owners or have all the necessary rights to any Vendor Content uploaded to their Vendor Site; and
    3. Their selling of Vendor Products and use of Vendor Content will in no way infringe on the rights of any third party.
  5. Snapy Deals will not be liable to any third party, in any way for any breach by the Vendor of Section 23 clause 4 and the Vendor specifically indemnifies Snapy Deals against any claim that may be brought for the Vendor’s breach of this clause.
  6. Snapy Deals reserves the right to remove any Vendor Products or Vendor Content from any Vendor Site and the Platform in its sole discretion.
  7. Snapy Deals takes no responsibility and assumes no liability for any Vendor Product or Vendor Content.
  8. The Vendor Content remains the property of the Vendor and except for the limited rights set out in this Agreement that enable us to provide, improve, promote and protect the Snapy Deals Services, we do not claim any intellectual property over any Vendor Content.
  9. The Vendor grants Snapy Deals :
    1. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, and distribute Vendor Content for the limited purposes of allowing Snapy Deals to provide, improve, promote, and protect the Service.
    2. the right and license to use any version of the Vendor Site, or any portion thereof, including and without limitation, names, trademarks, service marks, or logos on the Vendor Site, for the limited purposes of Snapy Deals Services
  10. You grant Snapy Deals full access to your Vendor Content, in order for us to perform our Services.
  11. Vendors will take all necessary precautions to safeguard and will be responsible for the processing and using of any Personal Information of Shoppers using the Vendor’s Site to purchase Vendor Products.

SECTION 24 – FEES AND PAYMENTS TO VENDORS

  1. There are no once-off or recurring fees for using the Snapy Deals Service. Registration and setting up of Vendor and Shopper Accounts are free unless the Vendor has opted to select one of the “optional” setup options specified on the FAQ page as an additional service from Snapy Deals.
  2. A Transaction/Commission Fee, as set out in the Vendor Payment Policy will be deducted automatically from every payment made by a Shopper when a Vendor Product is purchased on the Platform.
  3. Payments to Vendors for Vendor Products purchased on the Platform will be done in accordance with the Vendor Payment Policy;
  4. We will only make payments to a Vendor subject to confirmation of payment received from the Shopper to Snapy Deals. The Vendor payment is typically net of the service fee charged by us for our Services and after deduction of applicable withholding taxes (if any).

SECTION 25 – RETURNS AND REFUNDS

Returns of Vendor Products and refunds for returned Vendor Products or unsatisfactory services by Shoppers will be done in accordance with the Vendors Returns and Refund Policy available on the Platform, as may be amended from time to time. Acceptance of returns and payment of refunds will be handled in our final discretion, subject to compliance with any relevant laws.

Customer and Vendor

SECTION 26 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@snapydeals.com.

SECTION 27 – THE ROLE OF SNAPYDEALS AND OUR RIGHTS

  1. Snapy Deals role is that of an intermediary in the form of an online marketplace and is limited to managing the Platform to enable Vendors to exhibit, advertise, display, make available and offer to sell the Vendor Products and to enable Shoppers to purchase the Vendor Products so offered, and other incidental services to facilitate the transactions between Vendors and the Shoppers.
  2. Snapy Deals will provide the following services (“the Services”):
    1. Facilitating the Platform;
    2. Processing of payments for Vendor Products;
    3. Assisting Vendors to design, upload, and setup their Vendor Sites.
  3. The Platform and Services are offered as is, and we make no express or implied warranties of any kind related to this Platform or the Services or materials contained on this Platform and you use the Services entirely at your own risk. Additionally, nothing contained on this Platform will be construed as providing legal or any other kind of advice to you.
  4. Snapy Deals :
    1. does not confirm the identity of any Website user, Vendor or Shopper or check their credit worthiness or in any other manner vet them;
    2. does not check, audit or monitor all information contained in Vendor listings;
    3. is not a party to any contract for the sale or purchase of any product or service advertised on our Website;
    4. is not involved in any transaction between a Vendor and a Shopper in any way, except for providing the Services;
    5. does not act as an agent for any Vendor or Shopper;
    6. will not under any circumstance be liable to any person in relation to the offer for sale, sale or purchase of any Vendor Product advertised on our Platform;
    7. is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Vendor Product listed on our Platform;
    8. has no obligation to mediate between the parties to any such contract.
  5. Snapy Deals does not warrant or represent:
    1. the completeness or accuracy of any information published on our Platform;
    2. that the material on the Platform is up to date;
    3. that the Platform will operate without fault;
    4. that the Platform or any related service will remain available;
    5. The legality or quality of any Vendor Product.
  6. Snapy Deals reserves the right to discontinue or alter any or all of our Services, and to stop publishing our Platform, at any time in our sole discretion, without notice or explanation. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Snapy Deals Services, or if we stop publishing our Platform.
  7. We do not guarantee any commercial results concerning the use of our Platform.
  8. Snapy Deals reserves the following rights, which may be exercised at any time and in its sole discretion, and without liability of notice to any user. We may:
    1. Refuse to make the Platform or Service available to anyone for any reason at any time;
    2. Change parts or all of the Platform or Services and their functionality;
    3. Suspend or discontinue parts or all of the Platform or Service;
    4. Terminate, suspend, restrict or disable a user’s access to or use of parts or all of the Platform or Service;
    5. Terminate, suspend, restrict or disable access to any Account or parts or all of a Vendor Site;
    6. Remove Vendor Content and suspend or terminate an Account if we determine in our sole discretion that the Vendor Products offered via the Vendor Store, violate any law or terms of this Agreement;
    7. Provide the Platform or Service to your competitors and make no promise of exclusivity in any particular market segment;
    8. Change the eligibility criteria to use the Platform or Service.

SECTION 28 – CONTRACT OF SALE

  1. Snapy Deals provides an online location for Vendors to sell and Shoppers to purchase Vendor Products. When a Shopper buys any product or service on the Platform, a contract of sale is established between the Shopper and the relevant Vendor. The contract of sale comes into force upon the Shopper’s confirmation of purchase via the Platform. At this point the Shopper is committing to buy the relevant Vendor Product and the Vendor commits to selling that product to the Shopper.
  2. The contract of sale is a two-way contract between the Vendor and the Shopper. At no time will Snapy Deals have any obligations or liabilities in respect of such contract nor will Snapy Deals hold any title in any of the Vendor Products.
  3. The Vendor’s terms will govern the contract of sale, subject to these terms and conditions. Notwithstanding anything to the contrary, the following provisions will be part of the contract of sale:
    1. the price for a product or service will be as stated in the relevant listing on the Platform;
    2. the price for the product will include all taxes;
    3. the price will comply with applicable laws in force from time to time;
    4. all charges relating to delivery, packaging, handling, insurance or any other related costs and charges, will only be payable by the Shopper if this is expressly and clearly stated in the relevant listing;
    5. Vendor Products must be of satisfactory quality, fit and safe for the purpose specified in, and conform in all material respects to, the product listing and any other description of the Vendor Products supplied or made available by the Vendor to the Shopper; and
    6. the Vendor warrants that it has good title to, and is the sole legal and beneficial owner of the Vendor Products or service, and that these Vendor Products are not subject to any third-party rights or restrictions or any pending legal proceedings.

SECTION 29 – GENERAL USE OF OUR PLATFORM

  1. You may only use our Platform as set out in this paragraph.
  2. You will only use our Platform for the promotion or selling of your Vendor Products or for purchasing such Vendor Products.
  3. Except as is expressly allowed in these terms and conditions, you must not download any material from our Platform or save any such material to your computer.
  4. You may only use our Platform for your own personal or business purposes in respect of selling or purchasing Vendor Products on the Platform.
  5. Except as expressly permitted by the Snapy Deals Terms, you must not edit or otherwise modify any material on our Platform.
  6. Unless you own or control the relevant rights in any material on our Platform, you will not:
    1. republish or redistribute material from our Platform;
    2. sell, rent or sub-license material from our Platform;
    3. show any material from our Platform in public;
    4. exploit material from our Platform for any commercial purpose; or
  7. Notwithstanding section SECTION 28 clause 6, you may forward links to Vendor Products on our Platform and redistribute any of our newsletters and promotional materials in print and electronic form to any person.
  8. We reserve the right to suspend or restrict access to our Platform or to any area or functionality of our Platform. You will not circumvent or bypass, or attempt to circumvent or bypass, any suspension or restriction.
  9. You will not:
    1. use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability, accessibility, integrity or security of the website;
    2. use our Platform in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    3. hack or otherwise tamper with our Platform;
    4. probe, scan or test the vulnerability of our Platform without our permission;
    5. circumvent any authentication or security systems or processes on or relating to our Platform;
    6. use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Platform;
    8. impose an unreasonably large load on our Platform resources (including bandwidth, storage capacity and processing capacity);
    9. decrypt or decipher any communications sent by or to our Platform without our permission;
    10. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent;
    11. access or otherwise interact with our Platform using any robot, spider or other automated means, except for the purpose of search engine indexing;
    12. use our Platform except by means of our public interfaces;
    13. violate the directives set out in the robots.txt file for our Platform;
    14. use data collected from our Platform for any direct marketing activity; or
    15. do anything that interferes with the normal use of our Platform.

SECTION 30 – THIRD PARTY SERVICE PROVIDERS

  1. Snapy Deals uses third party payment providers to receive payments from the Shoppers on Vendors’ behalf. While we take the utmost care to work with third party payment providers, we do not control their systems, processes, technology and work flows, hence cannot be held responsible for any faults, delays or erroneous transaction execution or cancellation of orders due to payment issues.
  2. We have entered into arrangements with one or more third parties for hosting services that are essential to the Platform and Services, and without which the Platform and Services could not be provided to users. We have no control over these third-party hosting service and make no guarantees in this regard and will under no circumstances be held liable for any loss or damage a user may suffer as a result of any kind of failure by any third-party hosting service.
  3. For its own operational efficiencies and purposes, Snapy Deals may from time to time back up data on its servers, to third party servers but is under no obligation or duty to any Account holder to do so. Under no circumstances will Snapy Deals be liable to an Account holder or any third party for damages of any kind, for loss of files or data on any Snapy Deals or third party server.

SECTION 31 – PRIVACY OF INFORMATION

  1. You agree to processing of your personal information in accordance with the terms of Snapy Deals Privacy Policy which is available on the Platform, as amended from time to time.
  2. We will process all personal information obtained through the Platform and related Services in accordance our Privacy Policy.
  3. Vendors will be directly responsible to Shoppers for any misuse of their personal information and SnapyDeals will bear no liability to Shoppers in respect of any misuse by Vendors of their personal information.

SECTION 32 – TRADEMARKS AND COPYRIGHT

  1. Subject to the express provisions of the Snapy Deals Terms, we, together with our licensors, own, control and reserve all the copyright and other intellectual property rights in our Platform and all the material on our Platform.
  2. Our logos and our other registered and unregistered trademarks are logos and trademarks belonging to us and we give no permission for the use of any of these logos or trademarks. Using any of our logos or trademarks without our express consent may constitute an infringement of our rights.
  3. Any third party registered and unregistered trademarks or service marks on our Platform are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

SECTION 33 – SNAPYDEALS INTELLECTUAL PROPERTY

  1. All rights, title and interest in and to the Platform and Services, including any Intellectual Property, and all modifications, enhancements and updates thereto, are owned by Snapy Deals and are protected by copyright, trade secret, trademark, and other South African laws.
  2. This Agreement does not grant any user any right, title, license or interest in the Platform, Services, other Vendor’s Vendor Content, Snapy Deals trademarks, logos or other brand features or Intellectual Property or trade secrets of others’ content on the Services, other than the right to use the Platform or Services, for as long as the user is an Account holder.
  3. No user may use, imitate, change, modify, translate, copy or otherwise create derivative works of the Platform, Services, or Vendor Content, without, our prior written consent.
  4. There are no implied rights, and all rights not expressly granted by Snapy Deals to the user in these terms are hereby reserved by Snapy Deals . Nothing in this Agreement constitutes an assignment or waiver of any of our intellectual property rights under any law.
  5. Users agree that Snapy Deals may use their feedback, ideas, opinions, recommendation, advices, and suggestions in connection with the use of the Platform or Service, without any restriction or obligation to the user, even after this Agreement is terminated.

SECTION 34 – LIMITATIONS AND EXCLUSIONS OF LIABILITY

  1. The limitations and exclusions of liability set out in this section and elsewhere in the Snapy Deals Terms:
    1. are subject to Section 36 clause 6; and
    2. govern all liabilities arising under the Snapy Deals Terms or relating to the subject matter of the Snapy Deals Terms, including liabilities arising contractually or deictically (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Snapy Deals Terms.
  2. In respect of the Services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
  3. Our aggregate liability to you in respect of any contract to provide services to you under the Snapy Deals Terms will not exceed the total amount paid and payable to us under the contract. Each separate transaction on the Platform will constitute a separate contract for the purpose of this section 35 clause 3.
  4. Notwithstanding anything to the contrary in this Agreement, we will not be liable to you for any loss or damage of any nature, including in respect of:
    1. any losses occasioned by any interruption to or dysfunction of the Platform;
    2. any losses arising out of any event or events beyond our reasonable control;
    3. any loss or corruption of any data, database or software; or
    4. any special, indirect or consequential loss or damage.
  5. Our Platform includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
  6. Nothing in the Snapy Deals Terms will:
    1. limit any liabilities in any way that is not permitted under applicable law; or
    2. exclude any liabilities or statutory rights that may not be excluded under applicable law.

SECTION 35 – INDEMNIFICATION

  1. You hereby indemnify us, and undertake to keep us indemnified, against:
    1. any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Platform or any breach by you of any provision of the Snapy Deals Terms or any of the Snapy Deals Policies contained on our Platform;
    2. any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Platform, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

SECTION 36 – BREACH

  1. If you breach any of the Snapy Deals Terms, or if we reasonably suspect that you have breached the Snapy Deals Terms or any Snapy Deals Policies in any way we may, without prejudice to any of our legal rights:
    1. temporarily suspend your access to our Platform;
    2. permanently prohibit you from accessing our marketplace;
    3. block computers or other devices using your IP address from accessing our Platform;
    4. contact any or all of your internet service providers and request that they block your access to our Platform;
    5. suspend or delete your Account; and/or
    6. commence legal action against you, whether for breach of contract or otherwise.
  2. Where we suspend, prohibit or block your access to our Platform or a part thereof, you will not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account to access our Platform.)

SECTION 37 – NOTICES AND ELECTRONIC COMMUNICATION

  1. You consent to receive electronically any communication from Snapy Deals, which communication may take the form of:
    1. emails to you addressed to the email address specified in the User’s Account;
    2. posting notices on the Platform (by means of a banner or pop-up), or through any other means including any phone number or physical address provided to us.
  2. 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 Account application.
  3. Notices that need to be sent to us in terms of this Agreement must be sent to Snapy Deals using the email address: admin@snapydeals.com
  4. Any notice to be served by either party to the other must be in writing and will be sent by email or delivery by hand to the relevant party as set out above.
  5. Email notices will be deemed to have been served if there is proof that it was sent to the correct email address no return email stating that the email cannot be delivered is received.
  6. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically, satisfy any requirements that such communication be in writing.
  7. All notices from Snapy Deals intended for receipt by you will be deemed to have been delivered when sent to the email address provided to us, or deemed to be received and effective within 48 hours after a notice was published on our Platform.

SECTION 38 – DISPUTES

  1. If there are any disputes relating to the use of the Platform or in terms of the Snapy Deals Terms, you or us must follow the procedure for resolving any such dispute in accordance with this clause 18 before starting any proceedings (except proceedings seeking urgent interlocutory relief).
  2. The procedure for resolving a dispute is as follows:
    1. first, either you or us must may give notice to the other about the nature of the dispute (“Notice”) and both parties will seek to negotiate a settlement within 14 working days of receipt of the Notice;
    2. second, to the extent those negotiations fail, either party may seek, within a further 7 days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator will be appointed by AFSA Secretariat and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and
    3. failing such a resolution, the dispute, if arbitral in law, will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.

SECTION 39 – LEGAL COSTS

You will 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 judgment has been granted in connection with the satisfaction or enforcement of such judgment against you.

SECTION 40 – GOVERNING LAW

The SnapyDeals Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of any competent court located in Vereeniging, in the event of a dispute.

SECTION 41 – ASSIGNMENT

  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Snapy Deals Terms.
  2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Snapy Deals Terms.

SECTION 42 – THIS AGREEMENT

  1. The Snapy Deals Terms and any Snapy Deals Policies (and in respect of Vendors, the Vendor’s terms and conditions) will constitute the entire agreement between you and us in relation to your use of our Platform and will supersede all previous agreements between you and us in relation to your use of our Platform.
  2. The following Snapy Deals Policies mentioned throughout this Agreement are incorporated into this Agreement by reference:
    1. Snapy Deals Privacy Policy;
    2. Vendor Content Policy;
    3. Vendor Privacy Policy
    4. Vendor Payment Policy;
    5. Vendor Returns and Refund Policy;
    6. Vendor Shipping Policy
  3. In the event that any of the Snapy Deals Terms, the Vendor’s terms and conditions, and the Snapy Deals Policies are in conflict, these terms and conditions, the Vendor’s terms and conditions and the Snapy Deals Policies will prevail in the same order as stated here.
  4. We may revise the Snapy Deals Terms, the seller terms and conditions, and the Snapy Deals Policies from time to time. The revised general terms and conditions or policies will apply from the date of publication on the Platform.
  5. No waiver of any provision of the Snapy Deals Terms, will be binding on or effective against Snapy Deals unless it is given in writing and signed by a duly authorized representative of Snapy Deals . Such waiver will only be effective only in the specific instance and for the specific purpose for which given.
  6. If any provision of the Snapy Deals Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of the Snapy Deals Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.