TERMS AND CONDITIONS OF USER AGREEMENT OF SHIFTR STORE OWNED BY SUSTAINABLE CURATORS (PTY) LTD
1.1 INTRODUCTION
YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED. USE OF THIS WEBSITE, DIGITAL AND ON-LINE PLATFORMS IS SUBJECT TO THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY PUBLISHED ON THIS WEBSITE, DIGITAL AND ON-LINE PLATFORMS. BY CONTINUING TO USE THIS WEBSITE, DIGITAL AND ON-LINE PLATFORMS YOU AGREE TO ACCEPT, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS. WE (SUSTAINABLE CURATORS) RESERVE THE RIGHT TO UPDATE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE.
1.1 This Website, Digital and On-line Platform is owned and operated by SUSTAINABLE CURATORS (Pty) Ltd (hereinafter referred to as the ‘SUSTAINABLE CURATORS’). Our advice, Products and Service offered can be accessed https://shiftr.store/ (hereinafter referred to as ‘this On-line Platform’ or the website’ as the context may require).
1.2 These Terms and Conditions apply to all users of this Website, Digital and On-line Platforms. Use of this Website, Digital and On-line Platform is made available subject to these Terms and Conditions as set out below, including, but not limited to policies, notices as well as any documents that are referred to in clauses set out in these Terms and Conditions.
1.3 By using this Website, Digital and On-line Platform you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that SUSTAINABLE CURATORS may prescribe from time to time. These Terms and Conditions may be changed in the future without notice and your continued use of this Website, Digital and On-line Platform signifies your acceptance of the updated and/or modified Terms and Conditions.
1.4 Any new features or tools which are added to this Website, Digital and On-line Platform shall also be subject to these Terms and Conditions.
1.5 By using this Website, Digital and On-line Platform you acknowledge that you have read, and agree to be bound by these Terms and Conditions.
1.6 By agreeing to the terms of these Terms and Conditions you represent that you reached the age of majority in your state or province of residence, alternatively, that being a major in your state or province of residence you hereby consent to allow your dependents to use this Website, Digital and On-line Platform.
1.7 For purposes of convenience clauses contained herein that are deemed to be important (clauses that may limit our responsibility or involve risk for you) will be in bold and/or italics and/or highlighted, as such, special attention is required for such clauses.
1.8 This Website, Digital and On-line Platform is offered to you under the provision that you agree to use this Website, Digital and On-line Platform only in line with these Terms and Conditions and any applicable laws, rules and regulations.
1.9 These Terms and Conditions form an agreement between you and SUSTAINABLE CURATORS, it is therefore your prerogative to ensure that you understand all provisions contained herein.
1.10 By continuing to use this Website, Digital and On-line Platform you agree to accept, without modification, limitation or qualification these Terms and Conditions.
1.11 In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this Website, Digital and On-line Platform.
1.12 Disclosures in terms of section 43 of the Electronic Communications and Transactions Act.
The full name and legal status of the proprietor of this Website, Digital and On-line Platform is:
SUSTAINABLE CURATORS (PTY) LTD
Registration number: 2021/870410/07
The full address of the proprietor of the Website, Digital and On-line Platform is:
https://shiftr.store/
The full address of the proprietor of the Website, Digital and On-line Platform is:
0726077691
Email address: help@shiftr.store
Physical address for receipt of legal service:
25 Ave Le Croix, Fresnaye, Cape Town, 8005
Main business:
Shiftr Store is an online marketplace (hereinafter referred to as “the Portal”). The Portal allows:
- Opening an online store on the Portal for users that want to sell products. (hereinafter referred to as “Vendors”)
- Vendors can upload products, including product images, descriptions, categories and prices.
- All products are subject to a Shiftr review process before they go live, more about this in section.
- Vendors are able to customize their own online business rules such as, Store Name, Address, Operating Times, Contact Details
- Customers can search, browse products, wishlist and buy products from registered Shiftr Vendors as well as Shiftr Store.
- Customers, Vendors and Shiftr admins can communicate via support chat. Hosted by Shiftr
- Sustainable Curators (Pty) Ltd provides a secure integration with Payfast for the processing of buyer funds. Payouts are then processed to vendors on a scheduled withdrawal system every week.
- Withdrawals are limited to orders completed in the last 7 days, and must exceed R100.
- It is only possible to make purchases and sales transactions in Rands on the Portal.
- Shiftr Purchase and Sales process description:
- The Buyer finds the product/s of interest and makes the payment through the Shiftr online payment option; Paystack
- The money is transferred to the Sustainable Curators (Pty) Ltd
- The Vendor (Vendor) sends the goods to the Buyer with the Shiftr online delivery partner uAfrica.
- 9.4 Sustainable Curators (Pty) Ltd releases the payment to the Vendor’s bank account as per the above mentioned schedule.
- Notwithstanding the fact that there are hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, the hyperlinks should be deemed to be part of these Terms and Conditions in terms of Section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.
- Termination: the proprietor of this Website, Digital and On-line Platform has the right to suspend or terminate your access to and use of this Website, Digital and On-line Platform at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the proprietor at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.
2. INTERPRETATIONS AND DEFINITIONS
2.1 The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:
2.1.1 words signifying the singular number shall include the plural and vice versa;
2.1.2 words signifying the masculine shall include the feminine;
2.1.3 any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;
2.1.4 a reference to any Act shall include any amendment thereto or Act in substitution therefore;
2.1.5 each term, power or authority herein shall be given the widest possible interpretation;
2.1.6 the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.
2.2 The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:
i. ‘content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in this Website, Digital and On-line Platform;
ii. ‘Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this Website, Digital and On-line Platform, such content irrespective of the form in which it is displayed or presented remains the property SUSTAINABLE CURATORS;
iii. ‘Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this Website, Digital and On-line Platform, irrespective of whatever form it takes;
iv. ‘territory’ means the whole world;
v. ‘Terms and Conditions’ means this agreement between the users of this Website, Digital and On-line Platform and the proprietor of this Website, Digital and On-line Platform;
vi. ‘Third Party Website, Digital and On-line Platforms’ means any other Website, Digital and On-line Platform not belonging to SUSTAINABLE CURATORS;
vii. ‘Party’ singularly refers to a user of this Website, Digital and On-line Platform; ‘Parties’ collectively refers to a user of this Website, Digital and On-line Platform and the proprietor of the Website, Digital and On-line Platform;
viii. ‘Privacy Policy’ means the manner in which the user of the Website, Digital and On-line Platform will administer the information acquired as a result of use of this Website, Digital and On-line Platform;
ix. ‘service’ means the services and products provided by SUSTAINABLE CURATORS;
x. ‘user’ means any person using this Website, Digital and On-line Platform, also referred to as ‘you’ as the context may require;
xi. ‘Website, Digital and On-line Platform’ means the SUSTAINABLE CURATORS Website, Digital and On-line Platform, owned and operated by SUSTAINABLE CURATORS (PTY) LTD which can be accessed on https://shiftr.store/ and
xii. ‘written notice’ means any notice sent to SUSTAINABLE CURATORS by a user of the Website, Digital and On-line Platform, addressed to SUSTAINABLE CURATORS through the details noted in paragraph 1.9 supra.
3. USE OF WEBSITE, DIGITAL AND ON-LINE PLATFORM
3.1 The purpose for which this Website, Digital and On-line Platform has been established is to provide information with regards to our products and services and to promote the products services we provide, namely allowing users to buy and sell goods and allowing users to open their own online-shop. To use and register on the Portal, the user can register and log in by using their Facebook or Google account or create a unique account not linked to the previously mentioned services. The user keeps the data used for logging in to the Portal confidential which prevents users from becoming known to third parties. The user is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the user’s account, a relevant notification must be sent immediately to help@shiftr.store
3.2 The user’s access to and use of this Website, Digital and On-line Platform is solely at the user’s own risk.
3.3 Our Services may contain links to other Website, Digital and On-line Platforms. The fact that we link to a Website, Digital and On-line Platform is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party Website, Digital and On-line Platforms. These other Website, Digital and On-line Platforms may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other Website, Digital and On-line Platforms you visit.
3.4 Use of this Website, Digital and On-line Platform by a user is limited to personal and/or non-commercial purposes only. None of the content which we provide will be used or exploited by users for any commercial and non-private purposes, without the prior written consent from the proprietor of the Website, Digital and On-line Platform.
3.5 We reserve the right to claim damages from and/or institute criminal proceedings against a user for misuse or infringement of any content which we publish.
3.6 Use of this Website, Digital and On-line Platform does not confer any rights, licenses and/or permissions on the user unless expressly set out in these Terms and Conditions.
3.7 The user hereby agrees not to use the Website, Digital and On-line Platform for any purpose that is unlawful, improper or prohibited by these Terms and Conditions or laws of the Republic of South Africa.
3.8 The user agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent.
3.9 In using the Website, Digital and On-line Platform a user will not and is specifically prohibited from:
3.9.1 Publishing any content from the Website, Digital and On-line Platform on any other media, without the written authorization;
3.9.2 Selling and/or otherwise commercializing any content from the Website, Digital and On-line Platform;
3.9.3 Using the Website, Digital and On-line Platform in any way that is or may be damaging to the Website, Digital and On-line Platform;
3.9.4 Using the Website, Digital and On-line Platform in any way that impacts user access to the Website, Digital and On-line Platform;
3.9.5 Using this Website, Digital and On-line Platform contrary to applicable laws and regulations, or in any way which may cause harm to the Website, Digital and On-line Platform, any person or entity;
3.9.6 Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, Digital and On-line Platform;
3.9.7 Using the Website, Digital and On-line Platform to engage in any advertising or marketing;
3.9.8 Access or attempt to access any service or content which the user is not authorized to access;
3.9.9 Transmitting any worms or viruses or any code of a destructive nature;
3.9.10 Attempt to change, adapt or modify any content of the Website, Digital and On-line Platform on the Website, Digital and On-line Platform itself or on another platform; and
3.9.11 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, Digital and On-line Platform.
3.10 A breach or violation of any of the terms of these Terms and Conditions will result in the immediate termination of the services being provided or to be provided to the user of this Website, Digital and On-line Platform.
3.11 We reserve the right to refuse to provide our service to any user of this Website, Digital and On-line Platform.
3.12 SUSTAINABLE CURATORS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the Website, Digital and On-line Platform without prior notice.
3.13 Nothing on the Website, Digital and On-line Platform shall be construed as an offer by The SUSTAINABLE CURATORS to you, the user, but merely an invitation to do business.
3.14 You may send content and other communications to and/or via this Website, Digital and On-line Platform provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. SUSTAINABLE CURATORS reserves the right to remove or edit such content in its sole discretion.
3.15 You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this Website, Digital and On-line Platform; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify SUSTAINABLE CURATORS or its affiliates from all and any claims resulting from content you supply to SUSTAINABLE CURATORS. SUSTAINABLE CURATORS shall not be held responsible or liable for any content posted on SUSTAINABLE CURATORS Website, Digital and On-line Platforms
4.SERVICES
4.1 Certain products, services and services incidental thereto may be made available exclusively through this Website, Digital and On-line Platform, which may change from time to time.
4.2 Vendors pays a commission fee of:
4.2.1 5% Commission on all items +3% for transaction processing (Paystack).
4.2.2 Vendors can approach Shiftr to negotiate lower commission rates.
4.3 Opening an online shop and adding items to the Portal is free;
4.4 If user cancels the order after the payment, then Shiftr has the right to deduct the commission fee from user’s account before payout;
4.5 The Vendor chooses the shipping service provider(s) they are willing to use when listing an item to the Portal.
4.5.1 Shiftr provides the option of using uAfrica Door to Door Shipping as a services to all Vendors.
4.5.2 Vendors have the option to configure their own shipping methods such as Local Pickup.
4.5.3 The buyer of goods are liable for the shipping cost unless otherwise agreed between the vendor and buyer
4.6 The Client acknowledges that the Service Providers’ terms and conditions of service shall govern the use of such platform or component as between SUSTAINABLE CURATORS and such Service Provider. The Parties further record and agree that SUSTAINABLE CURATORS shall, at anytime during the term of this Agreement, be entitled to appoint and/or terminate the services of such Service Providers provided that such appointment and/or termination of Service Providers shall not be materially detrimental to SUSTAINABLE CURATORS’s performance of its obligations and/or compromise the service levels agreed to in terms of this Agreement.
4.7 SUSTAINABLE CURATORS hereby agrees to ensure that the standard of the products and services it shall provide to the Client in terms of this Agreement shall be in accordance with relevant industry standards.
5. DISCLAIMER
5.1 SUSTAINABLE CURATORS (Pty) Ltd (hereinafter referred to as “SUSTAINABLE CURATORS”) is the owner of the goods sold on the official curated Shiftr store that forms part of the custom build website. SUSTAINABLE CURATORS is not the owner of the goods sold on the Portal by any other registered vendors and does not participate in sales, purchases, or other transactions that occur between the users of the Portal for those stores.
5.2 Sales agreements are concluded between the users of the Portal without the representation and mediation of SUSTAINABLE CURATORS. users are fully responsible for the execution of their sales agreements.
5.3 Complaints, queries, and claims regarding the goods or services on the Platform must be submitted directly to the Vendor by using the Shiftr Chats system on the Portal. SUSTAINABLE CURATORS is not responsible for resolving any differences between the parties to the sales transaction. The differences can only be resolved through the Buyer, Vendor and chosen Delivery partner. Each transaction’s success is dependent on the user’s decision.
5.4 SUSTAINABLE CURATORS does a screening process before registering a Vendor, however Sustainable Curators (Pty) Ltd does not expect nor ensure the guarantee of the goods or services sold and does not review nor check the quality of the goods or services sold or the compliance with the description entered by the user.
5.5 SUSTAINABLE CURATORS is not liable for the truthfulness and lawfulness of the information published by the user on the Portal or for the user’s inappropriate or unlawful behaviour.
6. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
6.1 We are not responsible if information made available on this Website, Digital and On-line Platform is not accurate, complete or current. The content and/or material on this Website, Digital and On-line Platform 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.
6.2 Any reliance on the content and/or material on this Website, Digital and On-line Platform is solely at the user’s risk.
6.3 This Website, Digital and On-line Platform 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 Website, Digital and On-line Platform at any time. Notwithstanding the aforementioned, we are not under any obligation to update any information on the Website, Digital and On-line Platform.
6.4 The user of this Website, Digital and On-line Platform hereby acknowledges and agrees that the responsibility to monitor changes to this Website, Digital and On-line Platform as well as these Terms and Conditions falls on the user.
7. ERRORS, INACCURACIES AND OMISSIONS
7.1 Occasionally there may be information on our Website, Digital and On-line Platform or in the goods or service that contains typographical errors, inaccuracies or omissions that may relate to the service description, or information provided by users. 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, Digital and On-line Platform is inaccurate at any time without prior notice.
7.2 We undertake no obligation to update, amend or clarify information in the service or on any related Website, Digital and On-line Platform, should be taken into indicate that all information in the service or on any related Website, Digital and On-line Platform has been modified or updated.
8. HYPERLINKS TO AND FROM THIRD PARTY APPS
8.1 This Website, Digital and On-line Platform may link the user to other Third Party Website, Digital and On-line Platforms. We hereby confirm that any link to a Third Party Website, Digital and On-line Platform does not and should not be interpreted to mean the Third Party Website, Digital and On-line Platform is under the control or belongs to us.
8.2 The user hereby acknowledges that we are not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect with regards to a Third Party Website, Digital and On-line Platform.
8.3 We do not provide any warranties, representation or conditions of any kind for any Third Party Website, Digital and On-line Platform.
8.4 Any links to a Third Party Website, Digital and On-line Platform may not be construed as an endorsement by us of the Third Party Website, Digital and On-line Platform’s content or as an association with the operators of the Third Party Website, Digital and On-line Platform.
8.5 Use of any Third Party Website, Digital and On-line Platform by a user is entirely at the user’s risk and discretion, as such, it is the prerogative of the user to familiarize himself or herself with and approve of the terms of the Third Party Website, Digital and On-line Platform.
8.6 We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from the Third Party Website, Digital and On-line Platform.
8.7 Any personal information provided to a third party on a Third Party Website, Digital and On-line Platform as a result of a link on this Website, Digital and On-line Platform is at the user’s risk and we are not responsible for any actions or policies of such third party.
9. ELECTRONIC COMMUNICATIONS
9.1 When a user visits the Website, Digital and On-line Platform and completes a contact form to request information, or when the user sends an email to us, and the user does not explicitly request a non-electronic communication medium; the user consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be ‘in writing’.
9.2 The user acknowledges and accepts that the action to click on specified buttons on certain web forms on the Website, Digital and On-line Platform may constitute an expression of consent, agreement or other statement, as the case may be.
10. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
10.1 No agreement shall be concluded merely by sending a data message to this Website, Digital and On-line Platform or its proprietors. Valid agreements require an offer, acknowledgment of an offer and acceptance thereof from SUSTAINABLE CURATORS.
10.2 No email message shall be deemed to have been received by SUSTAINABLE CURATORS until a response has been issued from SUSTAINABLE CURATORS. An automated response from SUSTAINABLE CURATORS shall not satisfy this requirement.
11. PERSONAL INFORMATION
A user’s submission of personal information on the Website, Digital and On-line Platform is governed by our Privacy Policy which can be found on our Website, Digital and On-line Platform.
12.DIRECT MARKETING
This Website, Digital and On-line Platform may contain advertisements for related services products and goods, which each user shall have access to as a result of using the Website, Digital and On-line Platform. Furthermore, users who have provided their personal information in view of receiving a service from SUSTAINABLE CURATORS, as such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services offered by SUSTAINABLE CURATORS.
13.PROHIBITED USES
13.1 In addition to any prohibitions set out in these Terms and Conditions, the users of the Website, Digital and On-line Platform are prohibited from using the Website, Digital and On-line Platform or its content for:
13.1.1 for any unlawful purpose;
13.1.2 to solicit others to perform or participate in any unlawful acts;
13.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
13.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
13.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or diability;
13.1.6 to submit false or misleading information;
13.1.7 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, Digital and On-line Platform, other Website, Digital and On-line Platforms, or the Internet;
13.1.8 to collect or track the personal information of others;
13.1.9 for any obscene or immoral purpose; or
13.1.10 to interfere with or circumvent the security features of the Website, Digital and On-line Platform or any related Website, Digital and On-line Platform, other Website, Digital and On-line Platforms, or the internet. We reserve the right to terminate your use of the service or any related service for violating any of the prohibited uses.
14. COPYRIGHT
14.1 Copyright © SUSTAINABLE CURATORS 25 Ave Le Croix, Fresnaye, Cape Town, South Africa, 8005. All rights not expressly granted remain reserved.
14.2 Copyright shall vest in all the content contained on the Website, Digital and On-line Platform, irrespective of the form in which it is displayed or presented. We retain its entire right, title and interest in and to the content of the Website, Digital and On-line Platform.
14.3 Use of the Website, Digital and On-line Platform by a user does not confer any license or permission by us to the use of the content of the Website, Digital and On-line Platform, save for personal use by the user. Commercial use of any of the content of the Website, Digital and On-line Platform is prohibited unless written permission is obtained from us, in which event the document granting right of use will expressly provide the extent and limitations of the use of the content of the Website, Digital and On-line Platform.
14.4 Notwithstanding any other provisions in these Terms and Conditions, the rights as it relates to the content of the Website, Digital and On-line Platform remain reserved.
14.5 Your attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 All content included on the Website, Digital and On-line Platform, including but not limited to the any information, posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in the Website, Digital and On-line Platform are protected by South African and International Intellectual Property Treaties.
15.2 Any compilation, meaning; the collection, arrangement and assembly, of all content on the Website, Digital and On-line Platform is the property of SUSTAINABLE CURATORS either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.
15.3 The user will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from the App, mirror or cache information provided on the Website, Digital and On-line Platform, on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this Website, Digital and On-line Platform, without the prior written permission of us.
15.4 All Trade marks reflected on the Website, Digital and On-line Platform are the exclusive property of SUSTAINABLE CURATORS. Unauthorized use of these Trade marks is prohibited. Full details of the Trade marks owned by SUSTAINABLE CURATORS in relation to this Website, Digital and On-line Platform are available upon request.
15.5 Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in the Website, Digital and On-line Platform as it relates to the content of the Website, Digital and On-line Platform remain reserved.
16. LINKING AND FRAMING
16.1 The Website, Digital and On-line Platform may contain links to other Website, Digital and On-line Platforms (‘Linked Sites’). The Linked Sites are not under the control of SUSTAINABLE CURATORS and are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SUSTAINABLE CURATORS is not responsible for webcasting or any other form of transmission received from any Linked Site. We provide the aforementioned links to the user of this Website, Digital and On-line Platform only as a convenience, and the inclusion of any link does not imply endorsement or association with the operators of any site.
16.2 Any third party site may link to this Website, Digital and On-line Platform provided that such a link is directed at the home page of this Website, Digital and On-line Platform. It is expressly prohibited for any person, business, entity or web site to link any page other than the home page of this Website, Digital and On-line Platform, without the prior written approval of SUSTAINABLE CURATORS.
16.3 It is expressly prohibited for any person, business, entity, to frame any page of this Website, Digital and On-line Platform, including the home page, in any way whatsoever, without the prior written approval of SUSTAINABLE CURATORS.
17. OUR POLICY TOWARDS CHILDREN
17.1 If a parent or guardian becomes aware that his or her child has provided us with Personal Information without his/her consent, he or she should contact us at help@shiftr.store
17.2 We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.
17.3 If you are under the age of 18, please do not submit any Personal Information through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information via the Services without their permission.
18. BREACH
18.1 In the event that, the user of this Website, Digital and On-line Platform commits a breach of these Terms and Conditions, the Party will request the other party who committed the breach, by way of a written notice, to rectify the breach within a period of 7 (seven) days.
18.2 If the Party in breach fails to rectify the breach within the time frame stipulated supra, the other party may terminate these Terms and Conditions, which constitutes an agreement, immediately.
18.3 Nothing in these Terms and Conditions shall be interpreted to preclude any Party from instituting legal proceedings against the other Party who is in breach.
18.4 The termination of these Terms and Conditions, for whatever reason, will not affect the rights of either the user of this Website, Digital and On-line Platform or the proprietor of this Website, Digital and On-line Platform, which:
18.4.1 May have accrued before the termination of these Terms and Conditions; and
18.4.2 Specifically, or by their nature survives the termination of these Terms and Conditions.
19. DISPUTES
19.1 In the event of a dispute between the user and any third party, we will not be involved in such dispute, unless we deem it necessary to protect its rights and interests.
19.2 In the event of dispute between the user and the proprietor of this Website, Digital and On-line Platform, the user must address the proprietor of this Website, Digital and On-line Platform, in writing, and forward same to help@shiftr.store
The administrator will contact the party involved in an attempt to resolve the matter.
20. PRIVACY POLICY
20.1 The provisions in these Terms and Conditions are in conjunction with the provisions as contained in the Privacy Policy as provided for on the Website, Digital and On-line Platform.
20.2 A user undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity.
20.3 We agree not to use, without a user’s express consent, a user’s personal information for any purpose other than it was disclosed.
20.4 Although we take every precaution to protect the private information of users, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
20.5 We agree to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.
20.6 We undertake not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.
20.7 We undertake never to sell or make available the personal information of a user to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
20.8 We shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a user directly.
21. PLATFORM SECURITY
21.1 We will take reasonable steps, to secure the electronic content, and the information provided by and collected from the user, from unauthorized access (hacking) and/or unauthorized disclosure. However, we do not make any warranties nor any representations that content will be 100% (one hundred percent) safe and secure.
21.2 General and technical information is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their own browser settings.
21.3 Transaction security:
21.3.1 In order to protect the interests of the users of the Portal, the entire sales process must take place in the Portal environment. The Buyer must use only the payment methods and methods of transportation provided in the Terms and Conditions. The Buyer can pay for the goods with an EFT payment, using a credit card/debit card or any additional payment methods Payfast may add as a service.
21.3.2 The Portal protects both the Buyer and Vendor from potential fraud as follows:
21.3.2.1 After the purchase is made, the amount paid for the product or service is deposited on the account of SUSTAINABLE CURATORS, shipping will take place within 5 days of purchase.
21.3.2.2 After the goods have been shipped or the service has been provided, SUSTAINABLE CURATORS will wait for the delivery partner to confirm products have been delivered before marking the order as complete.
21.3.2.3 Vendors can only withdraw funds from orders that have been marked as complete. SUSTAINABLE CURATORS will release the amount paid for the goods or service to the Vendor via bank transfer or Payfast Split payment.
21.3.3 In order to avoid any disagreement between Buyer and Vendor, we encourage the Vendor and Buyer to communicate with each other on the Portal via Shiftr Support Chat, and before making a purchase, make all relevant queries about the goods or services and answer them. We also encourage the Vendors to add as much information as possible to describe the item accurately.
21.4 We are under no legal duty to encrypt any content or communications from and to the Website, Digital and On-line Platform and is also under no legal duty to provide digital authentication of any page on the Website, Digital and On-line Platform.
21.4 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, but not limited to, to the Website, Digital and On-line Platform or the server and computer network that support the Website, Digital and On-line Platform.
21.5 Notwithstanding criminal prosecution, any user who delivers any damaging code to the Website, Digital and On-line Platform, whether on purpose or negligently, will, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses the proprietor of this Website, Digital and On-line Platform and its partners / affiliates may suffer as a result of such damaging code.
21.6 Users and visitors of this Website, Digital and On-line Platform may not develop, distribute or use any device to breach or overcome the security measures of the Website, Digital and On-line Platform and we reserve the right to claim damages from any and all persons concerned with a security failure or breach of these Terms and Conditions.
22. DEADLINES FOR SHIPPING AND RECEIVING GOODS AND TRANSFERRING MONEY
22.1 The Vendor has up to 3 days from the receipt of the purchase order to ship the goods. Shipping of goods is automatically confirmed by the shipping partner. Once shipping is confirmed the order status will change to Complete. Only when an order has been in the completed status for a total of 7 days will vendors be able to withdraw the funds.
22.2 The Vendor enters the account details where they want the payment for the goods to be transferred in the Settings section on the Portal. Once the Vendor has a valid payout amount, SUSTAINABLE CURATORS will transfer the money to the Vendor as per the weekly schedule. The commission contribution will also be shown in the Vendor history.
23. RETURN AND CLAIMS OF GOODS
23.1 If the user has a complaint about the service of SUSTAINABLE CURATORS, please contact us at help@shiftr.store and submit your name and contact details, and briefly describe the content of the complaint. SUSTAINABLE CURATORS will respond to the complaint as soon as possible, but not later than within 5 working days.
23.2 If the goods differ significantly from the description given in the sales ad or the photo of the product and the Buyer therefore wishes to return the goods to the Vendor, the following must be done:
23.2.1 The Buyer must send a message to the Vendor, indicating their wish to return the goods, via the Portal within 48 hours of receipt of the goods, and agree on the place and way of returning the goods. There is no right of return if it is prohibited by South African law for a particular type of good or service.
23.2.2 The right of return cannot be executed if the Buyer has received the goods and confirmed their satisfaction with the goods on the Portal or if more than 48 hours have passed from the receipt of the goods.
23.2.3 The Buyer undertakes to return the goods in the same condition.
23.2.4 The money will remain in the account of SUSTAINABLE CURATORS until the goods are returned to the Vendor. The cost of returning the goods is borne by the Buyer, unless the Vendor and the Buyer agree upon otherwise.
23.2.5 To confirm the return of the goods, the Vendor must, after they have received the goods from the Buyer, click on the ‘Cancel order’ button on the Portal for the specific sales order. In this case, SUSTAINABLE CURATORS will return the money to the Buyer’s account.
23.3 After the Buyer and the Vendor have agreed upon returning the item, the Buyer must ship the item within 72h, unless agreed upon otherwise.
23.4 In the event of unresolvable disputes between the Buyer and the Vendor, SUSTAINABLE CURATORS may assist in resolving the disputes as follows:
23.4.1 To resolve disputes between the Buyer and Vendor, it is possible to turn to SUSTAINABLE CURATORS 21 days after submission of the purchase order at help@shiftr.store.
23.4.2 To resolve the dispute between the Vendor and the Buyer, SUSTAINABLE CURATORS has the right to request additional information from both parties and to use the information on the Portal about the communication between the Buyer and the Vendor, including the content of the messages sent on the Portal.
23.4.3 To resolve the disputes as quickly as possible, the Buyer and Vendor undertake to actively cooperate and respond to inquiries made by SUSTAINABLE CURATORS within 48 hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 hours, SUSTAINABLE CURATORS has the right to make a decision in favour of the other party to the dispute.
23.4.4 If the Buyer submits a claim for the purchased goods, the Vendor must be ready to prove the shipping of the goods by presenting a document (such as a waybill/proof of shipment) certifying the operation of the selected mode of transport or prove the shipping of the item in another verifiable way. If the Vendor fails to prove the shipping of the goods, SUSTAINABLE CURATORS may settle the claim in favour of the other party.
23.4.5 If the Buyer claims that the goods are not in conformity with the description in the sales ad and the Buyer and the Vendor do not reach an agreement on the return of the goods, SUSTAINABLE CURATORS will decide, based on the available information, in whose favour the claim is settled.
23.4.6 The decisions to settle a claim may, depending on the willingness of the parties to settle the claim promptly, include:
23.4.6.1 The claim is settled in favour of the Buyer and the money is returned to the Buyer’s Shiftr wallet right after the respective decision has been made; the prerequisite of the decision is the return of the goods to the Vendor and the Vendor’s confirmation of receipt of the goods at help@shiftr.store.
23.4.6.2 The claim is settled in favour of the Vendor and the money is released to the Vendor’s Shiftr wallet right after the respective decision has been made; the Buyer keeps the goods of the claim.
23.4.6.3 The claim cannot be resolved regardless of the efforts of SUSTAINABLE CURATORS. In this case, the money will remain in the account of SUSTAINABLE CURATORS until the Buyer and the Vendor confirm that they have reached an agreement at help@shiftr.store. If, within 30 days, the Buyer and Vendor have not reached an agreement and the respective confirmation is not sent to help@shiftr.store , SUSTAINABLE CURATORS will decide, based on the available information, the amount of money returned to the Buyer and/or Vendor or whether the money will remain in the account of SUSTAINABLE CURATORS.
23.4.6.4 If an agreement is not reached in any of the ways listed above, the user has the right to turn to the National Consumer Commission http://www.thencc.gov.za/ when buying goods or services from an economic or professional trader. If the private Vendor operates outside the economic and professional field, the users can turn to the court to resolve the dispute.
23.5 After resolving disagreements between Buyer and Vendor, SUSTAINABLE CURATORS has the right to close the user account (Vendor or Buyer), if:
23.5.1 The user has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim;
23.5.2 It becomes evident that the Vendor has confirmed the shipping of the goods but has not actually shipped the goods to the Buyer;
23.5.3 The Buyer has not paid for the goods/services to be purchased despite the conclusion of the purchase agreement;
23.5.4 The user has filed an unsubstantiated claim against another user or provided false information;
23.5.5 There are repeated complaints about the Vendor’s goods.
23.5.6 There is a suspicion of recurrently selling goods that do not correspond to the description and a suspicion of deliberate fraud.
24. RIGHTS AND OBLIGATIONS OF THE USER
24.1 The user confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Portal.
24.2 When using the Portal, the user undertakes to provide completely correct information, including true data on the quality and condition of the goods or services sold, as well as other details which may affect the Buyer’s decision to purchase a good or service.
24.3 To use the Portal, including to make sales transactions, the user undertakes to enter their valid e-mail address to the Portal and be available via e-mail.
23.4 The user undertakes to conduct only legal purchase and sales transactions through the Portal.
24.5 The user undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.
24.6 The user undertakes to ensure that their activities comply with laws and other legislation, including legislation regulating consumer protection, competition, and export and import of goods/services.
24.7 The user undertakes to ensure that their activities are in accordance with good manners.
24.8 The user undertakes to ensure that the items uploaded to their shop are done so in accordance with the law and good practice. Prohibited items include:
24.8.1 Medicines, medical devices and healthcare products
24.8.2 Motorised vehicles
24.8.3 Counterfeit items, replicas and unauthorised copies
24.8.4 Drop-shipping
24.8.5 Food & drinks, including alcohol
24.8.6 Tobacco
24.8.7 Offensive material
24.8.8 Firearms, weapons and military items
24.8.9 Adult only material and nudity
24.8.10 Advertisements
24.8.11 Vouchers, gift cards, digital and non-material goods
24.8.12 Drugs and drug paraphernalia
24.9 The user undertakes to ensure that the item description and the pictures of the item, uploaded to the user’s shops, do accurately describe the item. There should be no information which is not related to the item on sale, this includes advertisement, spam hashtags, spam brands, spam text, directing conversation/sales outside of Shiftr, etc.
24.10 The user, in the role of a Vendor, undertakes to ensure that the item fits the parcel of the delivery option made available for the Buyers (excl. bundling) and is safely packed. Taking full responsibility in case the item is broken in transit.
24.11 The user confirms that they are aware that the obligation to declare and pay taxes (including VAT and income tax) on all service transactions lies with the user.
24.12 The user confirms that they are aware of the fact that if third parties gain access to the user’s information technology equipment so that the user is logged into the Portal, third parties may assume obligations that are binding to the user and the performance of which is the responsibility of the User.
24.13 Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods or services to be sold must be submitted directly to the Vendor using the Portal’s messaging system.
24.14 When concluding a sales agreement, the Vendor undertakes to take back the goods if the user (Buyer) who made the purchase wishes to, within 7 days from the receipt of the goods, return the goods because the goods differ significantly from the description in the sales ad or from the photo of the product (see clause 10.2).
25. RIGHTS AND OBLIGATIONS OF SUSTAINABLE CURATORS
25.1 SUSTAINABLE CURATORS is justified, at its own choice, to restrict or revoke the user’s access to the Portal, including changing the information published by the user on the Portal or stop the sale or close their User account and not allow them to re-register as a user if the user:
25.1.1 violates these Terms and Conditions;
25.1.2 has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;
25.1.3 knowingly and intentionally disseminates false information on SUSTAINABLE CURATORS’ website, insults any other user in any way, or acts in bad faith;
25.1.4 the purchase or sales offers entered by the user are in violation of the Terms and Conditions, good manners, or applicable law;
25.1.5 at least three complaints from other users have been received about the user’s activity.
25.2 At any time, SUSTAINABLE CURATORS is entitled to monitor the activities on the Portal, including the purchase and sale offers made by the Portal users.
26. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
26.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website, Digital and On-line Platform or the services provided from and through the Website, Digital and On-line Platform. Furthermore, we makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website, Digital and On-line Platform are free from errors or omissions or that the service will be uninterrupted and error free.
26.2 This Website, Digital and On-line Platform is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with us, that the service available from and through this Website, Digital and On-line Platform will meet the user’s individual requirements.
26.3 Information, ideas and opinions expressed on this Website, Digital and On-line Platform and by our personnel should not be regarded as professional advice or the official opinion of SUSTAINABLE CURATORS.
26.4 The user’s use of the Website, Digital and On-line Platform is dependent on factors beyond the control, such as but not limited to, the user’s network coverage or availability, the user’s ISP availability or the user’s device capability or capacity.
26.5 We are not liable for any loss or damage the user may suffer if a factor beyond its control arises and the user cannot access the Website, Digital and On-line Platform.
26.6 In no case shall we, 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.
26.7 No information or data on the Website, Digital and On-line Platform constitutes an offer to do business, but merely an invitation to consider the service provided by SUSTAINABLE CURATORS.
26.8 No agreement shall be concluded merely by sending a data message via the contact form contained on the Website, Digital and On-line Platform or to any email address listed on the Website, Digital and On-line Platform.
26.9 No data message sent via the contact form contained on the Website, Digital and On-line Platform or to any email address listed on the Website, Digital and On-line Platform shall be deemed to have been received by us until a response has been issued by us, an automated response from us shall not satisfy this requirement.
27. WAIVER AND SEVERABILITY
27.1 Any failure or delay by us to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.
27.2 In the event that any Term and Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining Terms and Conditions. The remaining Terms and Conditions will remain enforceable and applicable.
28. CHANGES AND AMENDMENTS
28.1 We expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
28.1.1 Change these Terms and Conditions. The user of this Website, Digital and On-line Platform can review the most current version of these Terms and Conditions at any time by accessing the ‘Terms and Conditions’ link on the Website, Digital and On-line Platform;
28.1.2 Change the content and/or services published on the Website, Digital and On-line Platform;
28.1.3 Discontinue any aspect of the Website, Digital and On-line Platform, or services published on the Website, Digital and On-line Platform; and/or
28.1.4 Change the software and hardware required to access and use the Website, Digital and On-line Platform.
29. TERMINATION
29.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
29.2 These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our Website, Digital and On-line Platform.
29.3 If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.
30. GOVERNING LAW & JURISDICTION
30.1 These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.
30.2 Nothing in these Terms and Conditions limits either Parties right to approach a competent Court, tribunal or forum of competent jurisdiction in respect of any dispute arising in connection with our products and services, and which cannot be settled on the basis described in these Terms and Conditions.
31. INTERNATIONAL USE
These Terms and Conditions have functionally worldwide, notwithstanding the aforementioned, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any materials available on this Website, Digital and On-line Platform are appropriate for use outside of the Republic of South Africa. Any access to materials on the Website, Digital and On-line Platform, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this Website, Digital and On-line Platform from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.
32. LEGAL COSTS
We will not be liable for costs incurred by users to obtain professional advice relating to these Terms and Conditions.
33. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the proprietor of the Website, Digital and On-line Platform and a user of the Website, Digital and On-line Platform in relation to your use of this our products and services, and supersede all prior agreements and understandings.