Terms of Service
WHO YOU ARE CONTRACTING WITH: www.theshuk.co.za (“the Site”) is owned and operated by Parnasa Investments CC, registration number 2009/066805/23 , a company incorporated in accordance with the laws of the Republic of South Africa (hereinafter referred to as “we” or “us” or “our”).
LEGALLY BINDING CONTRACT: These Terms and Conditions (“these Terms”) apply to all visitors to the Site (“Users” or “you”), including those Users who make use of the services available on the Site, either by advertising, viewing advertisements, or by contacting persons who advertise, on the Site. Please review these Terms for the use of the Site carefully. If you do not understand and/or agree to the Terms, do not continue to use the Site. Your continued use of the Site will constitute your acceptance of these Terms unmodified by you and your agreement to follow and be bound by them.
NO UNDER 18’s: If you are an individual under 18 years of age, do not continue to use the Site. The Shuk Community Marketplace service may only be used by individuals who are 18 years or older, or legal entities. By continuing to use the Site, you warrant that you have contractual capacity to enter into these Terms.
1. Introduction
“The Shuk Community Marketplace” is an electronic communication platform we provide on the Site. “The Shuk Community Marketplace” comprises various services which enable Users to post, view and/or respond to temporary classified advertising for certain products and/or services (hereinafter referred to as “the Services”).
These Terms shall be of force and effect as from 1 January 2011 and shall endure, as may be amended from time to time, for an indefinite period, subject to termination in accordance with the provisions of these Terms.
2. Amendment of these Terms
These Terms may be amended by us in our sole discretion from time to time. Any amended Terms will be published on the Site. A notice will be placed on the Site indicating that the Terms have been amended and the date on which the amended Terms will take effect. Please regularly check the Site because if you keep using the Services after we place such a notice, your continued use of the Site and/or Services will be deemed as your acceptance of the new Terms.
3. Privacy and Use of Users’ Personal Information
We are committed to ensuring that your privacy is respected. Please read our Privacy Policy in this regard.
In using the Services, we also require you to respect the privacy of other Users. More specifically, you may only use information regarding any particular User to legitimately follow up with such User about a specific advertisement posting and for no other purpose whatsoever. In particular, you may not send spam messages (whether in the form of text messages, emails or otherwise) to any Users or collect personal information regarding any Users.
We employ social media websites such as Facebook.com and Twitter.com to spread information about The Shuk. In order to enable this function The Shuk must supply these websites with details of all adverts posted on the site. However, we will not disclose any personal information not included in the ad and not needed by them to perform their functions.
4. Rules for Advertisements
You may not submit content which violates any statute, regulation or any other law or any third party rights. In particular you may not submit content which:
- is vulgar or offensive
- breaks the rules of social etiquette
- is defamatory or libellous
- propagates hatred, violence, racism or xenophobia
- violates personal or intellectual property rights of third parties
- copies, modifies, or distributes any other person’s content without that person’s consent
- is false or misleading
- relates to services commonly regarded as morally reprehensive, including prostitution and pyramid schemes
- advertises services which are in competition with the Service.
The posting of advertisements concerning the sale of the following is strictly prohibited:
- drugs and other narcotic substances
- weapons
- obscene and erotic materials, products or services
- cigarettes and tobacco products
- tickets for sporting events where the sale does not comply with the rules specified in the paragraph below
- pharmacology products and medications
- human organs
- goods which have been stolen or obtained by violence or other crime
- items hazardous to human life or health
- goods whose advertising and sale are prohibited or regulated by any South African statute, regulation or any other relevant law whatsoever
- goods which do not exist.
If you wish to sell tickets for sporting, music or other events, you must ensure that you comply with the conditions under which the ticket was issued. Furthermore, if you are selling the ticket at a price above or below the face value of the ticket, you must state the face value in the advertisement. We do not support ticket touts or scalpers and advertisements not containing the face value of the ticket may be removed by us.
You may post only one advertisement concerning a particular product or service. Duplicate advertisements are not permitted.
Advertisements may not contain key word manipulation and must be assigned to an appropriate category.
We do not accept any liability for monitoring the Site or for unauthorised or unlawful content on the Site.
5. Intellectual Property
The Site contains content that is protected by copyright, trademarks and other intellectual property rights. Unless otherwise specifically stated, you must not, and must not allow anyone else to, copy, store, modify, transmit distribute, publish, broadcast or otherwise use any such content except as necessary for the normal use and enjoyment of the Site.
6. Suspension or disruption of the Services
We will endeavour to operate the Services without disruption, however, we reserve the right to
- temporarily suspend the Services, or any part thereof
- place limitations on the use of the Services; and/or
- remove or edit advertisements posted by you or any other User,
for any reason, in our sole discretion and without having to notify you or any other User or give any reasons for such action.
7. Breach
Should we, in our sole discretion, determine that you are in breach of these Terms, then without having to notify you or give any reasons for such action, we may, in addition to the steps referred to in clause 6 above -
prevent you from using the Services, whether absolutely or partially (for example, by preventing log ins, posting of advertisements and/or replying to advertisements) ; or
take any other action which we may deem appropriate, which may include instituting a claim for the recovery of any damages which we may have suffered arising from your breach of these Terms.
8. Fees & Charges
Use of the Services is, for the most part, free of charge. We may however elect to charge a fee for certain of the Services. If the Service you use incurs a fee, you will be able to review and accept terms that will be clearly disclosed at the time you post your advertisement. The fees may be amended by us from time to time. Amendments to any fees will be posted on the Site. To ensure the security of your payment we are using a payment processing company called PayFast. In addition to the conditions contained herein this company has its own terms and conditions in that you will be subject to when using their service.
9. Disclaimer & Limitation of Liability
General
- The Site and the Services are provided ‘as is’ and we are not liable for anything you find on the Site or any liability you incur through your use of the Services.
- All risk and liability arising from your use of the Site and Services vest with you and we shall not be liable for any loss or damage of any kind whatsoever arising from your use of the Site and/or Services, including any misrepresentations, negligence, omission of information or incomplete information, caused or resulting from any reliance on the contents of any advertisements placed on the Site.
- Accordingly, we will not be liable in any way whatsoever for any loss, liability, damage or expense you may suffer, either directly or indirectly, as a result of your use of the Site and/or Services, including –
- your purchase of any product or service advertised on the Site
- any failure by a User to deliver any product or service sold by such User to you
- any fault or defect in any product or service purchased by you
- any failure by a User to pay the purchase price or other consideration due in respect of a product or service sold by you to such User
- any other act or omission by any party whatsoever
Site Content
- We are not responsible for the content of any advertisements or hyperlinks to products or services referred to in any advertisements.
- The contents of the Site and the Services operated thereon do not constitute any legal representations or warranties by us. No reliance may be placed on the information posted on the Site and we disclaim any and all representations and warranties which may be made by any Users, including but not limited to warranties as to the quality, accuracy or content of information of whatsoever nature, products or services, and warranties of merchantability or fitness for a particular purpose of any goods or services.
Conduct of other Users
- We do not assume liability or responsibility for any other Users’ behaviour or for any loss or damage arising from the products or services advertised by any User or the use thereof.
- Without limiting the provisions of the clause above, you acknowledge and agree that we are not a party to any of the transactions involving goods or services advertised on the Site and will not be liable for any loss or damage arising as a result of any transaction involving goods or services advertised on the Site, any failure by a seller to sell or provide the goods or services advertised on the Site, any failure by a buyer to pay for the goods or service, or any other action or omission by either party to a transaction.
- You acknowledge that you are solely responsible for evaluating the price, quality and legitimacy of any goods or services offered for sale on the Site and we do not guarantee that any party involved in transactions arising from advertisements placed on the Site is or will act in good faith. We cannot and do not vouch for the credibility of any User and accordingly accept no liability arising from same.
Service Continuity, Errors & Viruses
- We do not warrant that the Site or the server that makes the Site available are free from viruses or other harmful components. We are not responsible for harm to your computer that comes as a result of using the Site or Services, whether directly or indirectly.
- We do not warrant that the functions provided by the Services will be uninterrupted and/or error free and we may suspend access to the Site and/or the Services without notice at any time and accepts no liability for any consequences of the Site and/or the Services being unavailable for any reason.
Your indemnification of us
You hereby indemnify us and hold us harmless against any and all loss, liability, expense or damage we may suffer, or any actions, proceedings or claims which may be made against us by third parties, which arise, directly or indirectly, from or in relation to your conduct on the Site, your use of the Services, or your failure to comply with these Terms.
Limitation of Liability
- We will not be liable in any way or under any circumstances for any indirect or special damages, consequential loss, loss of profits or loss of data.
- If we are found, despite the clauses above, to be liable for any reason, our liability to you or any third party concerned (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to the amount that you paid us for posting your ad.
10. Jurisdiction & Dispute Resolution
If any dispute arises between you and us, we shall attempt to resolve such dispute by negotiation. In this regard either party may give a notice in writing to the other party requesting that the parties meet in an attempt to resolve the dispute.
If the parties are not able to resolve the dispute within 30 working days of the date of the aforesaid notice requesting the meeting, then either party may refer the dispute to a court of competent jurisdiction. However, the jurisdiction of the Small Claims Court is specifically excluded.
11. General
These Terms constitute the whole agreement between you and us relating to the use of the Site and the Services.
The laws of the Republic of South Africa shall govern these Terms.
If any provision of these Terms is unlawful, void or for any reason unenforceable in terms of the laws of the Republic of South Africa, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining Terms.
In terms of section 43 of the Electronic Communications and Transactions Act, we are required to make our contact details, address for receipt of notices and certain other information available to Users who enter into electronic transactions with us.
Information furnished in terms of section 43 of the Electronic Communications and Transactions Act in relation to the The Shuk Community Marketplace service
Full name and legal status:
Parnasa Investments CC
Address and telephone number:
Postnet Suite 52, Private Bag X8, Highlands North, South Africa.
Tel: 071 219 9520.
Website address and e-mail address:
www.theshuk.co.za
To contact us please use the “Contact Us" form on the website
Membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body:
Not applicable.
Any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer:
Not applicable.
In the case of a legal person, its registration number, the names of its office bearers and its place of registration:
Registration number 2009/066805/23
Members: J Berger
Place of registration: South Africa.
The physical address where that supplier will receive legal service of documents:
Postnet Suite 52, Private Bag X8, Highlands North, South Africa.
A sufficient description of the main characteristics of the goods or services offered by that supplier to enable a consumer to make an informed decision on the proposed electronic transaction:
The Shuk Community Marketplace is a electronic communication platform for posting temporary classified advertising of products and services by users who wish to sell such products or provide such services to other users of The Shuk Community Marketplace.
The full price of the goods or services, including transport costs, taxes and any other fees or costs:
All normal posts are free. Featured ads are priced at R25 per ad for a 7 day display.
The manner of payment:
All payments are done using PayFast.
Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers:
Please see the above “Terms & Conditions”.
The time within which the goods will be dispatched or delivered or within which the services will be rendered:
Featured ads will be displayed on the website once payment has been received and the ad has been moderated. This should not be more than 24 hours after payment has been received.
The manner and period within which consumers can access and maintain a full record of the transaction:
An invoice will be emailed to the email address entered during registration upon payment.
The return, exchange and refund policy of that supplier:
Not applicable.
Any alternative dispute resolution code to which that supplier subscribes and how the wording of that code may be accessed electronically by the consumer:
Not applicable.
The security procedures and privacy policy of that supplier in respect of payment, payment information and personal information:
Please click on “Privacy Policy” on the website.
Where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently:
Not applicable.
The rights of consumers in terms of section 44 of the ECT Act, where applicable:
Not applicable.
To ensure the security of your payment we are using payfast and in addition to the conditions contained herein it has its own terms and conditions That you will be subject to when using their service
