1. Terms and Conditions
- This website and application is owned and operated by MallitShopIt (Pty) Ltd. (“MallitShopIt”, “we”, “us”, “our”). The use of https://www.mallitshopit.com/home (“the Website”), and/or the ordering, sale and delivery of goods via https://www.mallitshopit.com/home (are subject to the following terms and conditions (“the Terms of Use”).
- MallitShopIt provides an online marketplace platform where users can showcase, discover, and purchase products from various sellers. We facilitate transactions between buyers and sellers, but we do not own or directly sell any products listed on our Website.
- These Terms of Use are binding and enforceable against every person that accesses or uses the Website (“Customer”, “you”, “your” or “user”). By using the Website and/or by ordering goods, you acknowledge that you have read and agree to be bound by these Terms of Use.
- Please read these Terms of Use carefully – they constitute a fully binding agreement between you and MallitShopIt. If you do not agree to these Terms of Use, you are prohibited from using the Website in any way.
- If you are accessing and/or using the marketplace on behalf of a person, company, entity or organisation (“Subscriber”), you represent and warrant that you have the authority to act on behalf of the Subscriber and bind the Subscriber to these Terms of Use and for the purposes of these Terms of Use, “you” and “your” shall refer to such Subscriber.
- MallItShopIt reserves the right, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use and you waive any right to receive specific notice of each such change.
- It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Application after the date such revised Terms of Use are posted.
2. User Registration
In order to access certain features of MallitShopIt, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3. Consumer Protection Act 68 of 2008
- These Terms of Use apply to customers and/or users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).
- These Terms of Use contain provisions which:
- limit the risk or liability of MallitShopIt;
- create risk or liability for you;
- compel you to indemnify MallitShopIt or a third party; and/or
- serves as an acknowledgement, by you, of a fact.
- If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask a MallitShopIt representative to explain it to you before you continue using the Website.
- Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or MallitShopIt in terms of the CPA.
4. Purchasing and Use of the Website
- By accessing and/or using this Website you warrant that you are eighteen (18) years of age (or older) and have full legal capacity.
- If you are under the age of eighteen (18), or if you lack legal capacity, then you may only use this Website with the consent of your parent or legal guardian. If your parent or legal guardian consents, then such person agrees to be bound to these Terms of Use, and to be liable and responsible for you and all your obligations under these Terms of Use.
- In order to make a purchase on the Website you are required to provide certain personal information to MallitShopIt – any personal information processed will be in accordance with the Protection of Personal Information Act 4 of 2013, and in terms of our Privacy Policy.
5. Sellers Obligations
- If you are a seller on MallitShopIt.com, you agree to comply with all applicable laws and regulations, including but not limited to the:
- Consumer Protection Act 68 of 2008;
- Electronic Communications and Transaction Act, 25 of 2022;
- Protection of Personal Information Act, 4 of 2013;
- Cybercrimes Act, 19 of 2020
- You are responsible for the accuracy of your product listings, including pricing, descriptions, and images. Any information provided must not be false, misleading, or deceptive.
- You must ensure that your products comply with all relevant safety standards and regulations. Any claims made about your products must be truthful and substantiated.
- You must provide accurate information about shipping costs, delivery times, and return policies. You are responsible for fulfilling orders in a timely manner and resolving any disputes with buyers.
6. Buyers Obligations
- Buyers may place orders for any product contained on the Website (‘Goods’), which the seller may accept or reject.
- If you are a buyer on MallitShopIt.com, you agree to make purchases in good faith and to pay for any products that you order. You must provide accurate shipping information and payment details.
- You have the right to expect that products purchased on MallitShopIt.com will be of acceptable quality, fit for their intended purpose, and as described by the seller.
- If you are dissatisfied with a product or believe that it does not meet the seller's description, you may be entitled to a refund or replacement from the Seller under the Consumer Protection Act (CPA).
7. Payment
- The currency used to pay for Goods ordered via the Website is the South African Rand.
- We are committed to ensuring you are able to pay for any Goods from the Website via a secure, online payment facility. All transactions are encrypted using appropriate encryption technology and payment can be made for Goods via:
- credit or debit card via PayFast;
- You warrant that you are fully authorised to use the payment method supplied for purposes of paying for the Goods. You also warrant that the payment method has sufficient available funds to cover the purchase price of the Goods together with all delivery and other costs.
- The payment method used by the Customer will be debited when the order is concluded on the Website.
- Should the Customer’s payment provider reject the payment, the order will not be processed and will be cancelled.
- As part of measures taken to prevent fraud, the parties agree that MallitShopIt is entitled to transmit information regarding the order and the Customer’s payment method to a third party for verification purposes.
- In the event you have any queries regarding payment, you may contact us via the Contact Us tab on the website, or at: Admin@mallitshopit.com
8. Copyright and Intellectual Property Rights
- All Intellectual Property belonging to a User shall remain the property of such User and the other User’s will not acquire any right, title or interest in and to such Intellectual Property.
- Where a seller grants a buyer a licence to use certain Goods, such license is granted on a non-exclusive and non-transferable basis.
- No User may use another User’s Intellectual Property, trade names, logo or any derivative or component thereof without the prior written approval of the other Party.
9. Website Security and Prohibited Activity
- You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and/or civil penalties against you. In terms of the Electronic Communications and Transactions Act 25 of 2002, you are notified that it is a criminal offence to gain unauthorised access to any restricted areas of this Website, or to otherwise interfere with the proper functioning thereof or to intercept any data pertaining to or relating thereto.
- In using the Website, you must not:
- post or otherwise transmit any unlawful or otherwise objectionable material of any kind;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws; misrepresent your identity or affiliation in any way; engage in deceptive online marketing; or assist or permit any persons in engaging in any of the activities described above.
10. Limitation of Liability and Indemnity
- In addition to clause 10 above, under no circumstances, including, but not limited to, negligence, will MallitShopIt, its affiliates, employees, agents or representatives be liable for any damages (of any kind) that result from the use of, or the inability to use, the materials or any information or service in or on the Website.
- In no event will MallitShopIt, its affiliates, employees, agents or representatives’ total liability to you for all damages, losses, and causes of action (whether in contract, delict or otherwise) exceed the cost of the affected order.
- You agree to indemnify, defend and hold MallitShopIt its affiliates and/or any of its directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities and/or conduct in connection with this Website.
11. Termination and Suspension
- These Terms of Use will remain in force and effect while you use the Website.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
- Upon termination, all amounts that are due in terms of any unpaid invoices, will become due and payable immediately.
- MallitShopIt may suspend the use of the Website without terminating this Agreement, during any period of a material breach of these Terms of Use. In such an instance, MallitShopIt will give the Customer reasonable notice and will suspend only to the extent that is reasonably necessary.
Your Terms of Service includes a governing law clause, which is essential for clarifying the legal framework under which your application operates. Here is the relevant section that pertains to governing law:
12. General
MallitShopIt may revise these Terms of Use at any time without notice. Although we will endeavour to highlight any changes to these Terms of Use, you should revisit the Website periodically to make sure you are aware of the most recent terms, because they will be binding on you.
This Agreement shall be governed by and interpreted according to the laws of the Republic of South Africa and the parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng, Johannesburg, in respect of any proceedings arising out of or in connection with this Agreement. The parties agree that this agreement shall, for purposes of jurisdiction, have been concluded at our head office in Johannesburg, Gauteng.
If you have any questions or complaints regarding these Terms of Use or have any queries or comments in relation to the Website, please contact us via the Contact Us tab on the website, or Admin@mallitshopit.com and we will endeavour to respond to you promptly.
Each provision of these Terms of Use shall be severable from the other provisions. Should any provision be found by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms of Use shall nevertheless remain binding and continue with full force and effect.
In terms of the Electronic Communications and Transactions Act 25 of 2002, you are hereby informed that:
- MallitShopIt (Pty) Ltd is a private company registered in the Republic of South Africa with registration number [2023/153385/07].
- The directors and office bearers of MallitShopIt (Pty) Ltd. are [names of directors].
- Our physical address is [1-2394 Jay Street Lenasia South EXT 1].
- Our website address is https://www.mallitshopit.com.
- You can contact us via email at Admin@mallitshopit.com.
By accessing and using the Website, you agree to comply with all applicable laws and regulations, including the Electronic Communications and Transactions Act 25 of 2002.
