Terms & Conditions

MIDRAND HINDU DHARMA SABHA (MHDS)

MARKETPLACE TERMS AND CONDITIONS (B2B & B2C)

We try to keep these Terms friendly and clear, but they’re still a legal agreement. Please read them carefully.

MHDS is a religious, cultural, educational and charitable organisation rooted in the Hindu faith, operating on a non-profit basis. The Marketplace is operated as an additional revenue stream to support and fund MHDS’s mission and operations. MHDS does not operate the Marketplace to generate private profit for individuals, and any surplus is reinvested into MHDS’s activities and community programmes.

MHDS is a religious community and non-profit organisation. In these Terms, when we say “registered user”, we mean anyone who uses the Website and/or creates an account (including members, devotees, supporters, volunteers, donors, businesses, and Marketplace Sellers), unless the context clearly indicates otherwise.

Buyer Terms and Conditions

Terms and Conditions
1. Introduction

 1.1 This website can be accessed at [MHDS WEBSITE URL TO BE INSERTED], related mobi-sites and software applications (the “Website”) and is owned and operated by Midrand Hindu Dharma Sabha (MHDS) (“MHDS”), a faith-based non-profit organisation (“we”, “us” and “our”).

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern your use of the Website and the facilitation of the ordering, sale and delivery of goods and services (“Goods”) offered on the MHDS Marketplace.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website or by signing up on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Website operates as an online marketplace platform enabling both business-to-business (B2B) and business-to-consumer (B2C) transactions. Registered users may purchase Goods from (i) MHDS where MHDS is identified as the seller, and/or (ii) approved third-party Marketplace Sellers where that Marketplace Seller is identified as the seller.

1.5 The Website also permits business-to-consumer (B2C) transactions, allowing non-registered user consumers to register and purchase Goods directly from MHDS registered users, subject to these Terms and Conditions and applicable South African law.

1.6 MHDS operates the marketplace platform and may, in certain instances, sell Goods directly (where MHDS will be indicated as the seller on the relevant product page and/or at checkout). Where Goods are offered by an approved third-party Marketplace Seller, MHDS does not take ownership of those Goods and does not act as a retailer, distributor, reseller or agent for that Marketplace Seller, unless expressly stated otherwise in writing.

1.7 (MHDS) allows registered users to list and sell their Goods on the Website (each a “Marketplace Seller”). Each Marketplace Seller will indicate on relevant product pages and/or checkout pages when Goods are offered for sale by a Marketplace Seller.

1.8 Any agreement of sale concluded through the Website is concluded either

(i) between you and MHDS where MHDS is identified as the seller, or

(ii) between you and the relevant Marketplace Seller where that Marketplace Seller is identified as the seller.

In Marketplace Seller transactions, MHDS is not a party to the agreement of sale unless expressly stated otherwise.

 

 2. Important Notice

2.1 These Terms and Conditions apply to all users of the Website, including:

2.1.1 registered MHDS registered users who access or use the Website in the ordinary course of business for purposes of business-to-business (B2B) transactions; and

2.1.2 consumers who access or use the Website for purposes of business-to-consumer (B2C) transactions with MHDS registered users, and who qualify as “consumers” for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 Where a user qualifies as a consumer in terms of the CPA, the provisions of the CPA shall apply to the extent required by law. Where a user accesses or uses the Website in the ordinary course of business and does not qualify as a consumer under the CPA, the CPA shall not apply, except to the extent that any provision thereof is expressly stated to apply regardless of consumer status.

2.3 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.3.1 may limit the risk or liability of (MHDS), a Marketplace Seller, or any third party; and/or

2.3.2 may create risk or liability for the user; and/or

2.3.3 may compel the user to indemnify (MHDS), a Marketplace Seller, or any third party; and/or

2.3.4 serve as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you, (MHDS), or any Marketplace Seller in terms of the CPA, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), or any other applicable law.

2.5 MHDS operates the Website as a marketplace platform. MHDS may act as

(a) a platform operator facilitating transactions between buyers and Marketplace Sellers, and/or

(b) a seller in its own right for certain Goods.

Accordingly, certain rights, remedies, obligations, risks and liabilities described in these Terms and Conditions may apply to the relevant Marketplace Seller (or to MHDS as seller) depending on which entity is identified as the seller for the Goods in question.

2.6 (MHDS) permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not access or use this Website if you do not agree to the Terms and Conditions.
 

       Returns
 
3.1 Please refer to our Returns, Refunds and Cancellations Policy (“Returns Policy”) for detailed information regarding the return of Goods, including but not limited to refunds, replacements, repairs, credits and wallet refunds. The Returns Policy is incorporated by reference, which means that it forms an integral part of these Terms and Conditions and must be read together with them.

3.2 The Website operates as a trade facilitation platform that enables transactions between buyers and Marketplace Sellers. Accordingly, each Marketplace Seller is solely responsible for determining, managing and administering returns, cancellations, refunds, replacements, repairs and after-sales support in respect of Goods sold by that Marketplace Seller, subject to applicable law and the Returns Policy.

3.3 Where a buyer qualifies as a consumer for purposes of the Consumer Protection Act, 68 of 2008 (“CPA”), the Marketplace Seller is required to comply with all applicable consumer rights, including but not limited to rights relating to cooling-off periods, defective Goods, Goods not fit for purpose, non-delivery, late delivery, and returns within prescribed statutory timeframes.

3.4 Where a buyer is a MHDS registered user purchasing in the ordinary course of business (a B2B transaction), the CPA may not apply, and returns, cancellations and refunds shall be governed by the Marketplace Seller’s stated return terms, the Returns Policy, and any applicable contractual arrangements between the buyer and the Marketplace Seller, subject to these Terms and Conditions.

3.5 Unless otherwise stated in the Returns Policy or required by law, Goods must generally be returned in an unused, undamaged and unopened condition, with original packaging, accessories and documentation intact. Certain Goods may be excluded from change-of-mind returns or may be subject to restocking fees, hygiene restrictions, or other limitations, as set out in the Returns Policy or disclosed at the time of purchase.

3.6 (MHDS) does not itself accept returned Goods, does not take possession of returned Goods, and does not issue refunds as a seller in respect of Goods sold by Marketplace Sellers (unless MHDS is identified as the seller of the relevant Goods). Any refund, replacement, repair or credit for Marketplace Seller Goods is processed by the relevant Marketplace Seller, either directly or via payment mechanisms facilitated through the Website. Where MHDS is identified as the seller of the Goods, MHDS will process returns, refunds, repairs, replacements or credits in accordance with the Returns Policy and applicable law.

3.7 Notwithstanding clause 3.6, (MHDS) may, at its sole discretion, assist in facilitating communication, dispute resolution or escalation between a buyer and a Marketplace Seller where a return, refund or cancellation dispute cannot reasonably be resolved directly between the parties. Such assistance does not constitute acceptance of liability or responsibility by MHDS for the underlying transaction.

3.8 Refunds may, depending on the Marketplace Seller’s practices and the Returns Policy, be processed to the original payment method, to a nominated bank account, or to a customer wallet or platform credit, provided that any such method complies with applicable law and payment provider requirements. Where a buyer specifically requests a cash or bank refund, this may be subject to additional verification and processing time.

3.9 If a buyer fails to comply with the requirements of the Returns Policy, the relevant Marketplace Seller may lawfully refuse the return, refund, replacement or repair, subject always to the buyer’s statutory rights where applicable.

3.10 (MHDS) reserves the right to monitor return-related disputes on the platform and, where a Marketplace Seller repeatedly fails to comply with applicable laws, the Returns Policy, or reasonable dispute resolution standards, to take corrective action in accordance with the platform rules and any applicable Supplier or Seller Agreement.

 

  4.     Registration and use of the website

 

4.1 Only registered users may place orders for Goods on the Website. Registration is required for both MHDS registered users participating in business-to-business (B2B) transactions and non-registered user consumers participating in business-to-consumer (B2C) transactions with MHDS registered users.

4.2 To register as a user, you must create an account by providing a unique username and password and by submitting certain personal, business and contact information to (MHDS). You will be required to use your unique username and password to access the Website and to place orders for Goods.

4.3 Where you register as a MHDS registered user for purposes of B2B transactions, you warrant and represent that:

4.3.1 you are duly authorised to act on behalf of the business, entity or organisation you represent;

4.3.2 all information provided during registration and thereafter is accurate, complete, current and not misleading; and

4.3.3 you will promptly update your information if any material detail changes.

4.4 Without limiting any other rights, (MHDS) reserves the right to require additional onboarding, verification and compliance documentation from users registering or operating as MHDS registered users, including but not limited to documentation required for purposes of fraud prevention, risk management, regulatory compliance and payment-service provider requirements.

4.5 Such documentation may include, without limitation:

4.5.1 company or entity registration documents;
4.5.2 proof of business address;
4.5.3 identification documents of directors, registered users, owners or authorised signatories;
4.5.4 banking confirmation letters or cancelled cheques;
4.5.5 tax registration details, where applicable;
4.5.6 any documentation required to comply with FICA, anti-money laundering (AML), counter-terrorist financing (CTF), payment-provider, or similar regulatory or contractual obligations.

4.6 You acknowledge and agree that (MHDS) may verify the information and documents provided by you, either directly or through third-party service providers, and may delay, restrict or refuse access to certain features of the Website until such verification is completed to its satisfaction.

4.7 Where you register as a consumer for purposes of B2C transactions, you warrant that the information provided relates to you personally and is accurate, complete and current.

4.8 You agree and warrant that your username and password shall:

4.8.1 be used solely by you (or, in the case of a business user, by authorised representatives of that business) for lawful purposes related to use of the Website; and

4.8.2 not be disclosed, shared or made available by you to any unauthorised third party.

4.9 For security and risk-management purposes, you agree to enter the correct username and password whenever ordering Goods. Failure to do so may result in your access being denied, restricted or suspended.

4.10 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether such use is authorised, unauthorised, fraudulent or otherwise, you will be liable for payment of any order placed through your account, save where such order is cancelled in accordance with these Terms and Conditions or where applicable law provides otherwise.

4.11 You agree to notify (MHDS) immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to or use of your username, password or account, and to take all reasonable steps to mitigate any resulting loss, harm or unauthorised activity.

4.12 By registering on or using the Website, you warrant that you are 18 (eighteen) years of age or older and have full legal capacity to enter into binding agreements. If you are under the age of 18 (eighteen), or otherwise not legally permitted to enter into a binding agreement, you may use the Website only with the involvement, supervision and consent of your parent or legal guardian, who agrees to be bound by these Terms and Conditions and to be liable for all obligations arising from your use of the Website.

4.13 You agree that you will not, in any manner whatsoever, use any device, software, code or other instrument to interfere with, disrupt, damage or attempt to interfere with the proper functioning, security or performance of the Website. In addition, you agree that you will not use any robot, spider, scraper or other automated or manual process to monitor, copy, extract, distribute or modify the Website or any information contained on it, without the prior written consent of an authorised (MHDS) representative, provided that such consent is deemed granted for standard search-engine technologies used to index publicly available web content.

4.14 You may not use the Website to upload, post, distribute or transmit any material or content that is unlawful, defamatory, misleading, offensive, harmful, contains or amounts to hate speech, infringes intellectual property rights, or otherwise violates any applicable law or regulation.

4.15 You may not, without the express prior written consent of an authorised (MHDS) representative, display, publish, copy, print, distribute, adapt, post, commercially exploit or otherwise use the Website or any information, content or data contained therein, other than for the limited purpose of accessing and using the Website in accordance with these Terms and Conditions.

4.16 (MHDS) reserves the right, at its sole discretion and without prejudice to any other rights it may have, to suspend, restrict or terminate a user’s access to the Website where such user:

4.16.1 fails or refuses to provide required onboarding or verification documentation;
4.16.2 provides false, misleading or fraudulent information;
4.16.3 breaches these Terms and Conditions; or
4.16.4 uses the Website in a manner inconsistent with its purpose as a B2B trade facilitation platform with permitted B2C access.

   5.    Conclusion of sales and availability of stock

5.1 Registered users may place orders for Goods on the Website, which the relevant Marketplace Seller may accept or reject. Whether or not a Marketplace Seller accepts an order depends on the availability of the Goods, the correctness of the information relating to the Goods (including, without limitation, the price), and the receipt of payment or payment authorisation facilitated via the Website in respect of the Goods.

5.2 NOTE: The relevant Marketplace Seller will indicate acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Marketplace Seller come into effect (the “Sale”). This is regardless of any communication from (MHDS) or the Website stating that your order or payment has been received or confirmed.

Where an order is rejected by a Marketplace Seller, such rejection will be indicated by cancellation of the order and, as soon as reasonably possible thereafter, the relevant Marketplace Seller (or the applicable payment processor, as the case may be) will refund you any amount already paid in respect of that order, subject to applicable law and the Returns Policy.

Prior to delivery of the Goods or your collection thereof, you may cancel an order at any time, provided that you do so before receiving a dispatch or delivery notice. After delivery of the Goods or your collection thereof, you may return the Goods only in accordance with the Returns Policy.

5.3 Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods. Accordingly, Goods may be removed from your shopping basket if stock is no longer available or if the price thereof changes without notice to you. You may not hold (MHDS) or the relevant Marketplace Seller liable if such Goods are not available, or are not available at a particular price, when you complete or attempt to complete the purchase cycle at a later stage.

5.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. (MHDS), as a platform facilitator, relies on stock and pricing information supplied by Marketplace Sellers and will take reasonable efforts to ensure that, where Goods are no longer available, offers thereof are discontinued on the Website. However, neither (MHDS) nor any Marketplace Seller guarantees the availability of stock. Where Goods are no longer available after you have placed an order, the relevant Marketplace Seller will notify you and you will be entitled to a refund of any amount already paid by you for such Goods, subject to applicable law and the Returns Policy.

5.5 In the case of Goods offered for sale by a Marketplace Seller, (MHDS) relies on inventory information supplied by that Marketplace Seller and accordingly bears no liability for any inaccuracies, errors or omissions in such information. Consequently, should you order any Goods from a Marketplace Seller which are in fact sold out, any resulting dispute shall be resolved between you and the relevant Marketplace Seller, with your respective rights and obligations being as set out in these Terms and Conditions and the Returns Policy.

5.6 Certain Goods may not be purchased for re-sale. Where Goods are offered subject to resale restrictions, and where (MHDS) or the relevant Marketplace Seller reasonably suspects that such Goods are being purchased for resale in breach of those restrictions, the relevant order may be cancelled immediately upon notice to you, and any refund due will be processed in accordance with the Returns Policy and applicable law.

   6.    Payment

6.1 (MHDS) is committed to providing secure online payment facilities on the Website. All payment transactions are encrypted using appropriate and industry-standard encryption and security technologies to protect user information and payment data.

6.2 The Website facilitates payment for Goods purchased by registered users from Marketplace Sellers. Whether a transaction is a business-to-business (B2B) purchase between MHDS registered users or a business-to-consumer (B2C) purchase by a consumer from a MHDS registered user, payment for Goods may be made via one or more of the following methods made available on the Website from time to time:

6.2.1 debit card;

6.2.2 credit card: where payment is made by credit card, (MHDS) and/or its appointed payment service providers may require additional information in order to authorise and/or verify the validity of the payment. In such cases, delivery or collection of the Goods may be withheld until the additional information has been received and payment authorisation has been obtained. If payment authorisation is not received, the relevant order may be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods and that sufficient available funds or credit exist to cover all amounts payable in respect of the transaction;

6.2.3 Instant EFT or other electronic funds transfer mechanisms facilitated through the Website; and

6.2.4 (MHDS) vouchers, credits or wallet balances, where such payment options are made available and subject to any applicable voucher or wallet terms.

6.3 You acknowledge that (MHDS) facilitates the processing of payments through the Website. Where the relevant Goods are sold by a Marketplace Seller, (MHDS) does not receive payment as the seller of those Goods, and the underlying agreement of sale remains between you and the relevant Marketplace Seller; payment is processed for the benefit of that Marketplace Seller, subject to applicable settlement arrangements, platform rules and any applicable Seller Agreement. Where MHDS is identified as the seller of the Goods, the underlying agreement of sale is between you and MHDS and MHDS receives payment as the seller, subject to these Terms and Conditions, the Returns Policy and applicable law.

6.4 You may contact (MHDS) to obtain a record or confirmation of payments processed through the Website. In addition, you will receive electronic communications, including emails or notifications, confirming your order and payment details.

6.5 Once you have selected your preferred payment method, you will be redirected to a secure payment environment operated by (MHDS) or its authorised payment service providers in order to complete payment of the applicable purchase price for the Goods.

6.6 All payments are processed subject to the rules, requirements, verification procedures and risk controls of the relevant payment service providers, card schemes and banks. (MHDS) reserves the right to cancel, suspend, delay or reverse the processing of any payment or order where fraud, unauthorised activity, chargeback risk or non-compliance with applicable payment rules is reasonably suspected.

6.7 Business and Corporate Card Transactions:
Where payment is made using a business, corporate or commercial card in connection with a B2B transaction, additional verification, authorisation or supporting documentation may be required in accordance with bank, card-scheme or payment-provider rules. You acknowledge that business and corporate card transactions may be subject to different chargeback rules and dispute processes than consumer card transactions.

6.8 Chargebacks and Payment Disputes:
In the event that a chargeback, payment reversal or payment dispute is initiated by a card issuer, bank or payment service provider in relation to a transaction conducted through the Website, (MHDS) may:

6.8.1 temporarily suspend or restrict access to the relevant user account or order;
6.8.2 request additional information, documentation or confirmation from the buyer and/or the relevant Marketplace Seller;
6.8.3 reverse, withhold or delay settlement of the disputed amount pending investigation or resolution; and
6.8.4 take such further steps as may be required to comply with applicable payment-provider, bank or card-scheme rules.

6.9 You agree to cooperate fully with (MHDS), the relevant Marketplace Seller, payment service providers and banks in relation to any payment verification, fraud investigation or chargeback process, including by providing accurate and timely information where reasonably requested.

6.10 Nothing in these Terms and Conditions allocates or limits the financial responsibility for chargebacks, chargeback fees or related losses as between (MHDS) and any Marketplace Seller. Such matters are governed exclusively by the applicable Seller Agreement, Seller Agreement or other written agreement between (MHDS) and the relevant Marketplace Seller.

 

  7.     Delivery of goods

 
7.1 Delivery of Goods purchased through the Website is arranged and fulfilled by the relevant Marketplace Seller. Subject to availability and the options offered by the Marketplace Seller, you may elect one of the following delivery or collection methods at checkout:

7.1 Delivery of Goods purchased through the Website is arranged and fulfilled by the relevant seller, being either (i) (MHDS) where MHDS is identified as the seller of the Goods, or (ii) the relevant Marketplace Seller where that Marketplace Seller is identified as the seller. Subject to availability and the options offered by the relevant seller, you may elect one of the following delivery or collection methods at checkout:

7.1.2 self-collection from a location designated by the Marketplace Seller, where such option is made available.

7.2 Delivery charges, handling fees or collection fees applicable to an order are determined by the relevant Marketplace Seller and are subject to change at any time without prior notice to you. The applicable charges will be displayed in your shopping cart or during checkout before you complete your purchase.

7.3 Where a Marketplace Seller accepts your order, the Marketplace Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days from receipt of payment, unless otherwise agreed in writing (the “Delivery Period”). If the Marketplace Seller is unable to deliver the Goods within the Delivery Period, you will be notified. You may then, within 7 (seven) days of receiving such notification, elect whether to cancel your order for the Goods. If you elect to cancel, you will be entitled to a refund of the purchase price paid, processed in accordance with the Returns Policy and applicable law.

7.4 Delivery of the Goods is deemed to have occurred when the Goods are delivered to the physical address nominated by you at the time of placing the order or, in the case of self-collection, when the Goods are made available for collection by you at the agreed collection point. Responsibility for the Goods, including the risk of loss or unauthorised use, passes to you upon delivery or collection, as applicable.

7.5 Where Goods are sold by a Marketplace Seller, (MHDS) operates the Website primarily as a trade facilitation platform and does not itself deliver those Marketplace Seller Goods, take possession of those Goods, or assume responsibility for the physical fulfilment of those Marketplace Seller orders. Accordingly, in Marketplace Seller transactions, (MHDS) is not responsible for any loss, delay, damage or unauthorised use of Goods after delivery or collection, save where required by applicable law. Where MHDS is identified as the seller of the Goods, MHDS will be responsible for delivery or fulfilment (or for arranging delivery) in accordance with this clause 7, the Returns Policy and applicable law.

7.6 Notwithstanding clause 7.5, (MHDS) may, at its discretion, assist in facilitating communication between you and the relevant Marketplace Seller in relation to delivery queries, delays or disputes, without assuming any obligation or liability in respect thereof.

 

 8.      Errors

 
8.1 (MHDS) shall take all reasonable efforts, within its role as a platform facilitator, to ensure that information displayed on the Website is accurate and up to date. This includes, without limitation, the description, availability, purchase price and delivery charges of Goods listed on the Website. However, much of this information is supplied by Marketplace Sellers, and errors may occasionally occur.

8.2 To the fullest extent permitted by law, (MHDS) shall not be liable for any loss, claim or expense of whatsoever nature arising from or relating to any error, inaccuracy or omission on the Website, whether such error relates to product descriptions, availability, pricing, delivery charges or other information, save that:

8.2.1 in the event of an incorrect purchase price being displayed and paid for, you will be entitled, at your election and subject to applicable law, either to a refund of the difference between the amount paid and the correct price, or to cancel the order and receive a full refund of any amount already paid, as set out in the Returns Policy; and

8.2.2 nothing in this clause limits any rights you may have under the Consumer Protection Act, 68 of 2008 (“CPA”), where applicable.

8.3 Where an error originates from information supplied by a Marketplace Seller, including but not limited to incorrect stock levels, pricing, specifications or delivery information, any resulting dispute or adjustment shall be resolved between you and the relevant Marketplace Seller, subject to these Terms and Conditions and the Returns Policy. (MHDS) may, at its discretion, assist in facilitating communication or resolution, without assuming any liability for the underlying error.

8.4 (MHDS) shall not be bound by, and accepts no responsibility for, any incorrect, outdated or misleading information regarding Goods displayed on any third-party websites, search engines, advertisements or platforms not operated or controlled by (MHDS), even where such websites may link to or reference the Website.

 

 9.      Gift Vouchers & Coupons
 

9.1 (MHDS) may, from time to time, make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Goods offered for sale by Marketplace Sellers on the Website. Gift Vouchers and Coupons may only be redeemed through the Website and only while they are valid. Expiry dates applicable to Gift Vouchers and Coupons cannot be extended. More specifically:

9.2 Gift Vouchers

9.2.1 Gift Vouchers that are purchased by registered users are valid for a period of 1 (one) year from the date of issue or Sale, unless otherwise stated. Gift Vouchers that are issued or provided free of charge by (MHDS) are valid for the period stated on the Gift Voucher or in the related promotional communication. In each case, if a Gift Voucher is not redeemed within its validity period, it will expire and will no longer be usable.

9.2.2 Gift Vouchers may be redeemed, in whole or in part, towards the purchase of Goods from Marketplace Sellers on the Website, subject to any applicable restrictions. Gift Vouchers may not be used to purchase other Gift Vouchers or Coupons. Gift Vouchers do not accrue interest and are not refundable for cash once purchased. If the value of a Gift Voucher is insufficient to cover the total value of an order, the balance must be paid using one of the other payment methods made available on the Website.

9.2.3 (MHDS) is not responsible for any loss, harm or damage arising from the loss, unauthorised use, misuse or unauthorised distribution of a Gift Voucher after it has been delivered to you via the email address or other delivery method nominated by you.

9.2.4 Where a transaction paid for in whole or in part using a Gift Voucher is cancelled or refunded, any refund due will be processed in accordance with the Returns Policy and applicable law. Unless otherwise required by law, refunds of Gift Voucher amounts will generally be issued as a replacement voucher, wallet credit or platform credit rather than as a cash refund.

9.3 Coupons

9.3.1 There are two types of Coupons that may be issued for use on the Website:
9.3.1.1 a Coupon providing a fixed monetary discount, for example R100 off (“Fixed Coupon”); and
9.3.1.2 a Coupon providing a percentage-based discount, for example 10% off (“Percentage Coupon”).

9.3.2 Coupons are issued at the sole discretion of (MHDS), either directly or in collaboration with Marketplace Sellers. (MHDS) reserves the right, at any time and for any reason, to correct, cancel, withdraw or reject a Coupon, including (without limitation) where a Coupon has been distributed in an unauthorised manner or is used in breach of its terms. Users do not have a right to receive Coupons, and Coupons cannot be earned unless expressly stated otherwise. Each Coupon is subject to specific terms and conditions governing when, how and by whom it may be used.

9.3.3 As a general rule, and unless expressly specified otherwise on the Coupon itself or in the applicable promotional terms:

9.3.3.1 each Coupon may only be used once;

9.3.3.2 only one Coupon may be used per order;

9.3.3.3 only one Coupon may be used on the Website per person per promotion or campaign;

9.3.3.4 Coupons offering a percentage discount may only be used on purchases with a total cart value of less than R2,000, unless otherwise stated;

9.3.3.5 a Coupon must be applied at checkout and cannot be applied retrospectively to an existing or completed order; and

9.3.3.6 the value of the Coupon will be deducted from the total value of your shopping basket at checkout.

9.3.4 Coupons may not be used to purchase Gift Vouchers or other Coupons and may not be exchanged or refunded for cash, credit or any other form of payment. (MHDS) is not responsible for any loss, harm or damage arising from the loss, unauthorised use or unauthorised distribution of a Coupon.

9.3.5 If, for any reason, a valid Coupon does not reflect on the final amount payable at checkout, you may contact (MHDS) to confirm whether the Coupon is still valid. If it is confirmed that the Coupon was valid at the time of your order and you have already placed the order, you may elect either to cancel the order and place a new order using the Coupon (subject to availability), or to use the Coupon on a subsequent order in accordance with its terms and conditions.

9.3.6 You may be required to submit the original communication containing the Coupon code, together with any other information reasonably requested by (MHDS), in order to validate or redeem a Coupon.

10.    Deals and other discounted Goods

10.1 Daily Deals

10.1.1 Daily Deals (“Deals”), if offered on the Website, will be available during the periods specified on the Website from time to time. Unless otherwise stated, Deals may be available daily from 07:00 to 23:59 on weekdays and from 09:00 to 23:59 on weekends, and will expire no later than one minute before midnight on the relevant day. Deals are subject to limited stock availability and may expire earlier if the allocated stock is exhausted.

10.1.2 Deal quantities are limited. Once a Deal is sold out, the relevant Goods may, at the discretion of the Marketplace Seller, continue to be offered for sale on the Website at their normal selling price, but no longer as a Deal.

10.1.3 No specific saving, discount level or margin is guaranteed in respect of any Deal. The extent and availability of any Deal or discount is determined by the relevant Marketplace Seller, and may vary between B2B and B2C customers where permitted by applicable law.

10.1.4 Unless otherwise expressly stated, only one unit of each Deal may be purchased per customer, whether such customer is a MHDS registered user participating in a B2B transaction or a consumer participating in a B2C transaction.

10.1.5 Adding a Deal to your shopping cart or completing the checkout process for a Deal without completing payment does not reserve the item for you. Payment must be received within the timeframe specified at checkout (and, unless otherwise stated, within 1 (one) day of placing your order), failing which the order may be cancelled.

10.1.6 Stock for Deals is reserved in the order in which payment is received. Where payment is made via EFT or other delayed payment methods, payment may only be received several days after the order is placed, and during this time the Deal may sell out to customers who complete immediate payment. Neither (MHDS) nor the relevant Marketplace Seller guarantees the availability of Deal stock pending delayed payment.

10.1.7 The List Price shown in respect of Deals and other discounted Goods represents the recommended or reference retail price supplied by the manufacturer, supplier or relevant Marketplace Seller, or, where such price is not available, a reasonable estimate. Where Goods are offered for sale by a Marketplace Seller, the List Price may be determined and supplied by that Marketplace Seller.

10.2 Deal communications

10.2.1 By purchasing any Deal, you may be automatically subscribed to receive communications relating to Deals, promotions or newsletters operated by (MHDS), subject to applicable law. You may opt out of such communications at any time, and opting out after purchase will not affect the validity or value of Goods already purchased.

10.3 Bundle Deals

10.3.1 From time to time, the Website may offer bundle deals under a designated section or tab (“Bundle Deals”). A Bundle Deal consists of two or more products combined together in a single offer, either by a Marketplace Seller or by selection mechanisms made available to you on the Website.

10.3.2 Any saving or discount resulting from purchasing a Bundle Deal instead of the component products separately may, at the discretion of the relevant Marketplace Seller, be allocated across the individual component products in any manner determined by that Marketplace Seller. The effective purchase price (after applying any discount) of each component product will be communicated to you at checkout and reflected in your order confirmation or order history.

10.3.3 A Bundle Deal must be distinguished from a pre-packaged bundle assembled by a manufacturer or supplier and offered as a single packaged unit (“Pre-packed Bundles”). Any saving or discount applicable to a Pre-packed Bundle will apply only to the total bundle price and not to the individual component products.

 

  11.  Third-Party Sellers

 

11.1 (MHDS) will indicate on relevant product pages and checkout pages when Goods are offered for sale by a Marketplace Seller (being a MHDS registered user selling Goods through the Website). In such cases, (MHDS) provides the Website solely as a platform to facilitate transactions between Marketplace Sellers and registered users. (MHDS) is not the buyer or the seller of such Goods, unless expressly stated otherwise.

11.2 The sale formed upon acceptance of your order in accordance with clause 5.2, in respect of Goods offered by a Marketplace Seller, is concluded solely between you and the relevant Marketplace Seller. (MHDS) is not a party to that agreement of sale and assumes no obligations as seller in respect thereof.

11.3 The Marketplace Seller is solely responsible for the fulfilment of the sale, including without limitation:

11.3.1 packaging, dispatch and delivery of the Goods;
11.3.2 ensuring that Goods comply with applicable laws and standards; and
11.3.3 issuing any invoice, receipt or other documentation required by you, subject to applicable law.

11.4 Not all Marketplace Sellers are registered Value-Added Tax (“VAT”) vendors. Only Marketplace Sellers who are registered VAT vendors are entitled to charge VAT on Goods sold and to issue a valid tax invoice. Where a Marketplace Seller is not registered for VAT, such Marketplace Seller may not charge VAT and will not be able to issue a tax invoice in respect of the sale.

11.5 Because (MHDS) seeks to promote a safe, fair and consistent experience on the Website, (MHDS) may, where required by applicable law (including the Consumer Protection Act, 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act, 2002 (“ECT Act”)), assist in facilitating returns, refunds or repairs initiated by registered users in connection with sales concluded with Marketplace Sellers, in accordance with the Returns Policy.

11.6 Where (MHDS) provides such assistance, it does so on behalf of the relevant Marketplace Seller and as a platform facilitator only, and not as the seller of the Goods. Any refund, replacement or repair remains the responsibility of the Marketplace Seller, subject to applicable law and the Returns Policy.

11.7 Should any claim, complaint or return escalate into a dispute between you and a Marketplace Seller, (MHDS) may, at its discretion, become involved to facilitate communication or attempt to resolve the matter. However, (MHDS) is not obliged to do so, and any unresolved dispute must ultimately be resolved directly between you and the relevant Marketplace Seller, in accordance with these Terms and Conditions and applicable law.

11.8 Nothing in these Terms and Conditions overrides, replaces or limits any separate Seller Agreement, Seller Agreement or other contractual arrangement entered into between (MHDS) and a Marketplace Seller, which governs the rights and obligations of Marketplace Sellers in relation to their participation on the Website.

 12.   Privacy policy

This notice explains how the Midrand Hindu Dharma Sabha (MHDS) (MHDS) collects, uses, shares, and protects your personal information when you use MHDS Marketplace and related services.

12.1.           We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

12.2.           Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -

12.2.1.      your name and surname;

12.2.2.      your email address;

12.2.3.      your physical address;

12.2.4.      your gender;

12.2.5.      your mobile number; and

12.2.6.      your date of birth.

12.3.           Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

12.4.           You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. We will not, without your express consent:

12.4.1.      use your personal information for any purpose other than as set out below:

12.4.1.1.in relation to the ordering, sale and delivery of Goods;

12.4.1.2.to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);

12.4.1.3.to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and

12.4.1.4.to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

12.4.2.      disclose your personal information to any Third-Party other than as set out below:

12.4.2.1.to our employees and/or Third-Party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

12.4.2.2.to our divisions and/or partners (including their employees and/or Third-Party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

12.4.2.3.to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

12.4.2.4.to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

12.4.2.5.to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

12.4.2.6.to any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third-Party Seller, which disclosed information will be limited to your email address .

12.5.           We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, (MHDS) is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

12.6.           We will ensurethat all of our employees, Third-Party service providers, divisions and partners (including their employees and Third-Party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

12.7.           Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

12.8.           We will -

12.8.1.      treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

12.8.2.      take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

12.8.3.      provide you with access to your personal information to view and/or update personal details;

12.8.4.      promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

12.8.5.      provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

12.8.6.      upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

12.9.           We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

12.10.                    (MHDS) undertakes never to sell or make your personal information available to any Third-Party other than as provided for in this policy.

12.11.       Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

12.12.       If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than (MHDS), (MHDS) SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that Third-Party uses your personal information. You should always ensure that you read the privacy policy of any third party.

12.13.       This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of Third-Party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies.

 

 

13.    Changes to these Terms and Conditions

 

13.1 (MHDS) may, in its sole discretion and from time to time, amend, vary, add to or remove any of these Terms and Conditions. It is your responsibility to regularly review these Terms and Conditions to ensure that you are aware of and satisfied with any changes made thereto. If you do not agree with any amended Terms and Conditions, you must immediately cease placing orders on, or otherwise using, the Website.

13.2 Any amendment to these Terms and Conditions will take effect only once the updated Terms and Conditions have been published on the Website. Your continued access to or use of the Website, including the placing of any orders after the updated Terms and Conditions have been published, will constitute your acceptance of the amended Terms and Conditions.

13.3 These Terms and Conditions are intended to govern the relationship between (MHDS), registered users (including both MHDS registered users acting as business buyers and consumers acting as retail buyers), and Marketplace Sellers in their capacity as sellers to such users. Nothing in this clause, or elsewhere in these Terms and Conditions, shall be interpreted as amending, replacing or overriding any separate Account registration agreement, supplier agreement or reseller agreement entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

13.4 Any amendments to these Terms and Conditions will apply prospectively only and will not affect any rights or obligations that have accrued prior to the effective date of such amendments, in respect of any order placed or transaction concluded before the amended Terms and Conditions were published.

13.5 Where a change to these Terms and Conditions is required in order to comply with applicable law, regulation, payment processor requirements, or industry best practices, (MHDS) may implement such change without prior notice, provided that such change does not unlawfully restrict any rights afforded to users under applicable legislation, including the Consumer Protection Act, 68 of 2008.

 

 14.   Electronic communications
 

14.1 When you visit the Website, register as a user, place an order, submit information, or send emails or other electronic communications to (MHDS), you consent to receiving communications from (MHDS), its divisions, and, where applicable, Marketplace Sellers, electronically, in accordance with these Terms and Conditions and the Privacy Policy.

14.2 Electronic communications include, without limitation, communications sent by email, SMS, in-platform notifications, system messages, invoices, order confirmations, dispatch notifications, notices, statements, updates to these Terms and Conditions, and any other information relating to your use of the Website or transactions concluded through the Website.

14.3 For purposes of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT Act”), you agree that:

14.3.1 all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications be in writing; and
14.3.2 electronic records generated, stored or communicated via the Website shall be admissible as evidence and shall have the same evidential weight as written documents, subject to applicable law.

14.4 Where you are a MHDS registered user acting as a business buyer (B2B), you acknowledge that electronic communications, including invoices, statements, order confirmations and contractual notices, may be relied upon for accounting, tax, audit and commercial purposes.

14.5 Where you are a consumer buyer (B2C), you acknowledge that electronic communications form part of the transaction record and may be relied upon to evidence your rights and obligations under the Consumer Protection Act, 68 of 2008 (“CPA”).

14.6 (MHDS) may send you service-related communications that are necessary for the proper functioning of the Website and the facilitation of transactions, including communications relating to security, fraud prevention, account verification, order processing, payment confirmation, delivery updates, returns and dispute handling. You may not opt out of such service-related communications while maintaining an active account on the Website.

14.7 Marketing, promotional or informational communications may be sent to you by (MHDS), its divisions, or Marketplace Sellers, subject to applicable law and your consent preferences as recorded on the Website. You may opt out of receiving such communications at any time in the manner prescribed in the communication itself or through your account settings, provided that opting out will not affect transactional or service-related communications.

14.8 You are responsible for ensuring that the electronic contact details provided by you, including your email address and mobile number, are accurate, current and accessible. (MHDS) shall not be liable for any loss, delay or failure in communication resulting from incorrect, outdated or inaccessible contact details provided by you.

14.9 Any electronic communication sent by (MHDS) to the most recent electronic contact details provided by you shall be deemed to have been received by you on the date and time reflected in the transmission record, unless proven otherwise.

14.10 Nothing in this clause limits or overrides any separate communication obligations or notice provisions contained in any supplier agreement, Account registration agreement or reseller agreement entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

 

 15.   Ownership and copyright

15.1 The contents of the Website, including without limitation all material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks displayed on or incorporated in the Website (“Website Content”), are protected by applicable intellectual property laws, including copyright and trademark laws. Unless otherwise indicated, the Website Content is the property of (MHDS), its licensors, advertisers and/or sponsors, or is lawfully licensed to (MHDS).

15.2 (MHDS) retains all right, title and interest in and to the Website and the Website Content. Nothing contained in these Terms and Conditions grants you any ownership rights or intellectual property rights in or to the Website or the Website Content.

15.3 Any unauthorised use, reproduction, modification, distribution, republication, display or transmission of the Website or the Website Content, whether for commercial or non-commercial purposes, is prohibited unless expressly permitted in terms of these Terms and Conditions or otherwise allowed by applicable law. Requests for permission to use Website Content for commercial purposes must be directed to (MHDS).

15.4 Certain content displayed on the Website, including product descriptions, images, branding, trademarks, logos and other materials, may be owned by or licensed from MHDS registered users acting as Marketplace Sellers or other third parties. In such cases, all intellectual property rights in such content remain vested in the relevant Marketplace Seller or third party, and your rights of use are limited to viewing such content for purposes of engaging in transactions through the Website.

15.5 You acknowledge and agree that (MHDS) does not claim ownership of intellectual property belonging to Marketplace Sellers, including without limitation product images, trademarks, trade names or proprietary content uploaded by Marketplace Sellers to the Website, except to the extent necessary to operate, display and promote such content on the Website in accordance with these Terms and Conditions and any applicable supplier or Account registration agreements.

15.6 Where any Website Content is licensed to (MHDS) or belongs to a third party (including Marketplace Sellers), your rights of use will also be subject to any terms and conditions imposed by that licensor or third party from time to time, and you agree to comply with such terms and conditions.

15.7 Nothing in this clause limits or overrides any intellectual property provisions contained in any separate supplier agreement, Account registration agreement or reseller agreement entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

 

 

16.    Disclaimer

 
16.1 Your use of the Website is entirely at your own risk. You assume full responsibility for any risk, loss or damage resulting from your access to or use of the Website, including any reliance placed on information, content, listings or communications made available on the Website.

16.2 Whilst (MHDS) takes reasonable measures to ensure that the Website operates properly and that content displayed on the Website is presented accurately, (MHDS) makes no representations or warranties, whether express or implied, regarding the quality, accuracy, timeliness, completeness, reliability, availability, integrity or functionality of the Website or any information, data or content displayed thereon. Any representations or warranties made by representatives of (MHDS) shall not be binding unless reduced to writing and expressly agreed to by (MHDS).

16.3 (MHDS) operates the Website as a marketplace platform. In transactions where a third-party Marketplace Seller is identified as the seller of Goods, (MHDS) acts as a platform facilitator enabling transactions between Marketplace Sellers and buyers (including both business buyers (B2B) and consumer buyers (B2C)). In such Marketplace Seller transactions, (MHDS) does not manufacture, store, inspect, sell or deliver Goods offered by Marketplace Sellers and accordingly makes no representations or warranties regarding those Marketplace Seller Goods themselves, save to the extent required by applicable law. Where MHDS is identified as the seller of Goods, MHDS is acting as the supplier for that sale and will provide such representations, warranties, returns and remedies as are set out in these Terms and Conditions, the Returns Policy and applicable law.

16.4 To the fullest extent permitted by law, (MHDS) disclaims all liability for any loss, damage, cost or expense, whether direct, indirect, incidental or consequential, arising from or in connection with your access to or use of the Website or the content displayed on the Website, except where such liability cannot lawfully be excluded in terms of applicable legislation, including the Consumer Protection Act, 68 of 2008 (“CPA”). In addition, and in relation to transactions where a Marketplace Seller is identified as the seller, (MHDS) disclaims liability for any loss, damage, cost or expense arising from or in connection with the Goods, delivery, performance, warranties or after-sales support provided by that Marketplace Seller, except where such liability cannot lawfully be excluded. Nothing in this clause limits or excludes MHDS’s liability where MHDS is identified as the seller of the Goods, to the extent that such liability cannot lawfully be excluded under applicable law.

16.5 Although certain Goods sold through the Website may, under specific circumstances, be subject to warranties provided by Marketplace Sellers or manufacturers, the Website itself, and all information made available on the Website, is provided on an “as is” and “as available” basis, without any warranty of any kind, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, completeness or non-infringement, to the extent permitted by law.

16.6 Any views, opinions, statements or representations expressed on the Website, including in product descriptions, reviews, listings or communications, are those of the relevant Marketplace Seller or user and do not necessarily reflect the views of (MHDS), its directors, officers, employees or agents.

16.7 In addition to the disclaimers contained elsewhere in these Terms and Conditions, (MHDS) makes no warranty or representation, whether express or implied, that the Website, its servers, communications or downloadable content are free from viruses, malware, spyware, trojans, destructive code or other harmful components. You accept all risks associated with the use of the Website and any content accessed through it, save where damage arises directly from the gross negligence or wilful misconduct of (MHDS), its employees or authorised representatives.

16.8 (MHDS) shall not be liable for any damage to, loss of, or interference with data, hardware, software, computer systems, networks or mobile devices arising from your access to or use of the Website or any linked third-party websites, except where such liability cannot lawfully be excluded.

16.9 Nothing in this clause shall be interpreted as limiting or excluding any rights or remedies afforded to consumers under the Consumer Protection Act, 68 of 2008, or any other applicable legislation, nor shall it override any express obligations undertaken by Marketplace Sellers in terms of applicable law or any separate supplier or Account registration agreement.

 

  17.  Linking to Third-Party websites

17.1 The Website may contain links to, or references to, other websites, platforms, services or resources (“Third-Party Websites”) which are not owned, operated or controlled by (MHDS). These may include, without limitation, websites operated by Marketplace Sellers, logistics providers, payment service providers, advertisers, manufacturers or other third parties.

17.2 These Terms and Conditions do not apply to Third-Party Websites. (MHDS) does not control, endorse or approve the content, availability, functionality, security, products, services, practices or privacy policies of any Third-Party Websites and accepts no responsibility for the practices, terms, policies or conduct of any such Third-Party Websites, including their use of cookies or other tracking technologies.

17.3 Where links to Third-Party Websites are provided on the Website, including links provided by Marketplace Sellers as part of product listings, seller profiles or transactional communications, such links are provided for convenience and informational purposes only and do not constitute an endorsement, recommendation or representation by (MHDS).

17.4 Your access to and use of any Third-Party Website, including any transaction concluded thereon, is entirely at your own risk and subject to the terms and conditions, privacy policies and other rules applicable to such Third-Party Website. You are encouraged to review those terms and policies before engaging with any Third-Party Website.

17.5 (MHDS) shall not be liable for any loss, damage, cost, expense or claim, whether direct, indirect, incidental or consequential, arising from or in connection with your access to or use of any Third-Party Website, or your reliance on any information, goods or services obtained from such Third-Party Website, except to the extent that such liability cannot lawfully be excluded in terms of applicable law.

17.6 Where you are a MHDS registered user acting as a business buyer (B2B) or a consumer buyer (B2C), you acknowledge that any dealings you may have with Third-Party Websites, including Marketplace Seller websites or external service providers, are conducted independently of (MHDS), and any rights, obligations or disputes arising therefrom exist solely between you and the relevant third party.

17.7 Nothing in this clause limits or overrides any statutory rights afforded to consumers under the Consumer Protection Act, 68 of 2008, nor does it override any obligations imposed on Marketplace Sellers under applicable law or under any separate supplier, reseller or Account registration agreement entered into with (MHDS).

 

18.    Limitation of liability

 18.1 (MHDS) CANNOT BE HELD LIABLE for any inaccurate, incomplete or outdated information published on the Website, including without limitation product descriptions, pricing, availability or delivery information supplied by Marketplace Sellers. You are encouraged to notify (MHDS) of any suspected errors, inaccuracies or malfunctions so that reasonable corrective steps may be taken.

18.2 (MHDS) ACTS SOLELY AS A PLATFORM FACILITATOR enabling transactions between MHDS registered users acting as sellers (“Marketplace Sellers”) and registered users, including business buyers (B2B) and consumer buyers (B2C). TO THE FULLEST EXTENT PERMITTED BY LAW, (MHDS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE arising from or in connection with:

18.2.1 your access to or use of the Website;
18.2.2 your reliance on any content, information or listings displayed on the Website;
18.2.3 your inability to access or use the Website;
18.2.4 any transaction concluded between you and a Marketplace Seller through the Website;
18.2.5 any act, omission, negligence, breach or default by a Marketplace Seller; or
18.2.6 any unlawful activity on the Website or on any linked Third-Party Website,

EXCEPT TO THE EXTENT THAT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED in terms of applicable legislation, including the Consumer Protection Act, 68 of 2008 (“CPA”).

18.3 WITHOUT LIMITING THE GENERALITY OF THE ABOVE, (MHDS) SHALL NOT BE LIABLE for any loss, damage or expense arising from delays, non-delivery, defective Goods, incorrect fulfilment, warranty claims, refunds or returns, ALL OF WHICH REMAIN THE SOLE RESPONSIBILITY OF THE RELEVANT registered user SELLER, subject to applicable law.

18.4 Where you are a MHDS registered user ACTING AS A BUSINESS BUYER (B2B), you acknowledge that transactions concluded through the Website are COMMERCIAL IN NATURE and that, TO THE EXTENT PERMITTED BY LAW, (MHDS)’s liability is excluded for losses arising from BUSINESS INTERRUPTION, LOSS OF PROFIT, LOSS OF DATA, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES.

18.5 Where you are a CONSUMER BUYER (B2C), NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES any rights or remedies afforded to you under the Consumer Protection Act, 68 of 2008, or any other applicable consumer protection legislation.

18.6 YOU HEREBY INDEMNIFY AND HOLD HARMLESS (MHDS), its directors, officers, employees, agents and service providers against ANY LOSS, CLAIM, DAMAGE, LIABILITY OR EXPENSE suffered or incurred as a result of:

18.6.1 your breach of these Terms and Conditions;
18.6.2 your misuse of the Website;
18.6.3 your violation of any applicable law; or
18.6.4 any dispute between you and a Marketplace Seller or third party arising from transactions facilitated through the Website,

EXCEPT TO THE EXTENT THAT SUCH LOSS ARISES DIRECTLY FROM THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT of (MHDS).

18.7 NOTHING IN THIS CLAUSE OVERRIDES OR LIMITS any limitation of liability or indemnity provisions contained in any SEPARATE SUPPLIER AGREEMENT, Account registration AGREEMENT OR RESELLER AGREEMENT entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

 

19.    Availability and termination
 

 19.1 (MHDS) will use REASONABLE ENDEAVOURS to maintain the availability and functionality of the Website. However, the Website may be unavailable from time to time due to scheduled maintenance, upgrades, system failures, third-party service interruptions or circumstances beyond (MHDS)’s reasonable control. (MHDS) RESERVES THE RIGHT to discontinue, suspend or restrict access to the Website, or any part thereof, at any time, with or without notice.

19.2 (MHDS) may, IN ITS SOLE DISCRETION, suspend, terminate, restrict or modify your access to the Website, whether temporarily or permanently, with or without notice. You agree that (MHDS) SHALL NOT BE LIABLE to you for any loss or damage arising from such suspension, restriction, modification or termination, save that (MHDS) will, to the extent reasonably possible, facilitate the processing of any orders validly placed by you prior to such suspension or termination.

19.3 If you fail to comply with any of your obligations under these Terms and Conditions, including without limitation any failure to make payment, suspected misuse of payment methods, chargeback abuse, breach of applicable law, or conduct that may reasonably be regarded as fraudulent, unlawful or abusive, this may, IN (MHDS)’S SOLE DISCRETION, and with or without notice, result in the SUSPENSION AND/OR TERMINATION of your access to the Website, without prejudice to any rights, claims or remedies that (MHDS) may have against you.

19.4 (MHDS) is entitled, for purposes of FRAUD PREVENTION, RISK MANAGEMENT, REGULATORY COMPLIANCE OR PLATFORM INTEGRITY, including where it reasonably suspects that you have abused the Website, engaged in unlawful activity, created multiple user profiles to circumvent restrictions, or improperly benefited from promotions or Coupons, to:

19.4.1 blacklist you on its systems and databases;
19.4.2 suspend or terminate your user account;
19.4.3 refuse to accept or process payments;
19.4.4 cancel any order facilitated through the Website, in whole or in part; and/or
19.4.5 restrict your future access to the Website,

upon notice to you where reasonably practicable. In such circumstances, (MHDS)’s liability shall be STRICTLY LIMITED to refunding any monies already paid by you in accordance with the Returns Policy, and NO OTHER LIABILITY SHALL ATTACH to (MHDS).

19.5 Where you are a MHDS registered user ACTING AS A BUSINESS BUYER (B2B), you acknowledge that access to the Website is provided on a commercial basis and may be withdrawn or restricted where required for operational, compliance or risk-management reasons, subject to applicable law.

19.6 Where you are a CONSUMER BUYER (B2C), nothing in this clause limits or excludes any rights afforded to you under the Consumer Protection Act, 68 of 2008, including rights relating to refunds for cancelled transactions where applicable.

19.7 You may, at any time, elect to stop using the Website and may close your account in accordance with the procedures made available on the Website. Termination of your account shall not affect any rights or obligations that accrued prior to such termination.

19.8 NOTHING IN THIS CLAUSE OVERRIDES OR LIMITS any termination, suspension, enforcement or disciplinary provisions contained in any SEPARATE SUPPLIER AGREEMENT, Account registration AGREEMENT OR RESELLER AGREEMENT entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

 

20.   Governing law and jurisdiction
 

 20.1 These Terms and Conditions, your use of the Website, and ANY RELATIONSHIP, TRANSACTION OR DISPUTE arising from or in connection with these Terms and Conditions shall be GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA. Your continued access to or use of the Website constitutes your CONSENT AND SUBMISSION to the application of South African law in respect of all matters arising from or relating to these Terms and Conditions.

20.2 You agree that, subject to applicable law, ANY PROCEEDINGS, ACTIONS OR APPLICATIONS instituted by or against (MHDS) arising out of or in connection with these Terms and Conditions may be brought in the NON-EXCLUSIVE JURISDICTION OF THE HIGH COURT OF THE REPUBLIC OF SOUTH AFRICA (GAUTENG DIVISION), notwithstanding that the quantum of such proceedings may otherwise fall below the monetary jurisdiction of that court.

20.3 Where you are a MHDS registered user ACTING AS A BUSINESS BUYER (B2B), you acknowledge that transactions facilitated through the Website are COMMERCIAL IN NATURE, and you expressly consent to the jurisdiction of the South African courts as contemplated in this clause in respect of any dispute arising from such transactions or from your use of the Website.

20.4 Where you are a CONSUMER BUYER (B2C), NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES your right to approach any court, tribunal, ombud, regulator or forum of competent jurisdiction in terms of the Consumer Protection Act, 68 of 2008 (“CPA”) or any other applicable consumer protection legislation.

20.5 (MHDS) acts SOLELY AS A PLATFORM FACILITATOR and is not a party to the contract of sale between buyers and Marketplace Sellers. Any dispute relating to the supply of Goods, including disputes regarding delivery, quality, refunds or warranties, remains PRIMARILY BETWEEN THE BUYER AND THE RELEVANT registered user SELLER, subject to applicable law and the Returns Policy.

20.6 NOTHING IN THIS CLAUSE OVERRIDES, AMENDS OR REPLACES any governing law, jurisdiction, dispute resolution or arbitration provisions contained in any SEPARATE SUPPLIER AGREEMENT, Account registration AGREEMENT OR RESELLER AGREEMENT entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

 

21.   Notices

21.1 (MHDS) hereby selects its PHYSICAL AND ELECTRONIC ADDRESS, as published on the Website from time to time, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“LEGAL ADDRESS”). (MHDS) RESERVES THE RIGHT to change such address from time to time by updating these Terms and Conditions on the Website.

21.2 You hereby select the PHYSICAL DELIVERY ADDRESS AND/OR ELECTRONIC CONTACT DETAILS provided by you during registration, account management or order placement as your ADDRESS FOR SERVICE OF LEGAL NOTICES. You may change such address or contact details by providing (MHDS) with NOT LESS THAN SEVEN (7) DAYS’ WRITTEN NOTICE, provided that such change shall only be effective once recorded on the Website or acknowledged by (MHDS).

21.3 Notices required or permitted to be given in terms of these Terms and Conditions must be in WRITING AND IN ENGLISH, and may be delivered by hand, prepaid registered post, telefax or electronic mail (email).

21.4 All notices sent:

21.4.1 BY HAND shall be deemed to have been received on the date of physical delivery;

21.4.2 BY PREPAID REGISTERED POST shall be deemed to have been received TEN (10) DAYS after the date of posting;

21.4.3 BY TELEFAX before 16h30 on a business day shall be deemed to have been received on the date of successful transmission, and telefaxes sent after 16h30 or on a non-business day shall be deemed to have been received on the next business day; and

21.4.4 BY EMAIL shall be deemed to have been received on the date and time reflected in the electronic transmission record or “READ RECEIPT” confirmation.

21.5 ALL EMAIL COMMUNICATIONS BETWEEN YOU AND (MHDS) must, where reasonably practicable, make use of a READ RECEIPT OR DELIVERY CONFIRMATION FUNCTION to serve as prima facie proof that an email notice has been received.

21.6 Where you are a MHDS registered user ACTING AS A BUSINESS BUYER (B2B), you acknowledge that electronic notices, invoices, statements and contractual communications sent in accordance with this clause are LEGALLY VALID AND BINDING for commercial, accounting and evidentiary purposes, subject to applicable law.

21.7 Where you are a CONSUMER BUYER (B2C), nothing in this clause limits or excludes any rights afforded to you under the Consumer Protection Act, 68 of 2008, including rights relating to proper notice, disclosure and record-keeping.

21.8 NOTHING IN THIS CLAUSE OVERRIDES OR LIMITS any notice, service or communication provisions contained in any SEPARATE SUPPLIER AGREEMENT, Account registration AGREEMENT OR RESELLER AGREEMENT entered into between (MHDS) and any MHDS registered user or Marketplace Seller.

22.    Information

22.1 For the purposes of the Electronic Communications and Transactions Act, 25 of 2002 (“ECT ACT”), the information of (MHDS) is set out below. This information must be read together with the product listings, Marketplace Seller information, and the other terms and conditions contained on the Website.

22.1.1 FULL NAME:
Midrand Hindu Dharma Sabha (MHDS) (“MHDS”) [LEGAL ENTITY DETAILS TO BE INSERTED].

22.1.2 MAIN BUSINESS:
Operation of an ONLINE B2B MARKETPLACE PLATFORM facilitating trade primarily between MHDS registered users (business-to-business), while also permitting registered consumers (business-to-consumer) to purchase Goods from MHDS registered user sellers. MHDS DOES NOT SELL GOODS AND ACTS SOLELY AS A PLATFORM FACILITATOR.

22.1.3 PHYSICAL ADDRESS FOR RECEIPT OF LEGAL SERVICE (POSTAL AND STREET ADDRESS):
[TO BE INSERTED – PHYSICAL ADDRESS REQUIRED FOR BANK / ECT COMPLIANCE]

22.1.4 OFFICE BEARERS / DIRECTORS:
[TO BE INSERTED OR REFERENCED VIA OFFICIAL COMPANY RECORDS]

22.1.5 TELEPHONE NUMBER:
[TO BE INSERTED]

22.1.6 EMAIL ADDRESS:
[MHDS EMAIL TO BE INSERTED]
(or such other email address as may be published on the Website from time to time)

22.1.7 PAIA:
The Promotion of Access to Information Act, 2 of 2000 (“PAIA”) manual published in terms of section 51 thereof may be accessed and downloaded from the Website or requested from (MHDS) using the contact details set out above.

22.2 Information relating to registered user SELLERS (FORMERLY REFERRED TO AS THIRD-PARTY SELLERS), including business details, VAT status (where applicable), product information and seller-specific terms, is made available on the relevant product listings and/or via the customer support centre accessible through the Website’s Help or Support pages.

22.3 You acknowledge and agree that (MHDS) IS NOT A PARTY TO THE CONTRACT OF SALE between buyers and Marketplace Sellers, and that all obligations relating to Goods, including pricing, availability, delivery, warranties, refunds and returns, rest with the relevant Marketplace Seller, subject to applicable law.

22.4 Nothing in this clause limits or overrides any disclosure, information or compliance obligations imposed on Marketplace Sellers under applicable legislation, including but not limited to the Consumer Protection Act, 68 of 2008, the ECT Act, tax legislation, or any SEPARATE SUPPLIER AGREEMENT, Account registration AGREEMENT OR RESELLER AGREEMENT entered into with (MHDS).

 

 

23.    General

23.1 (MHDS) may, IN ITS SOLE DISCRETION, at any time and for any reason, and with or without prior written notice, suspend, restrict or terminate the operation of the Website, or a user’s right to access or use the Website or any part thereof, SUBJECT ALWAYS TO THE PROCESSING OF ANY ORDERS VALIDLY PLACED BY YOU PRIOR TO SUCH SUSPENSION OR TERMINATION, to the extent reasonably practicable and subject to applicable law.

23.2 You may not cede, assign, delegate or otherwise transfer any of your rights or obligations under these Terms and Conditions to any third party without the prior written consent of (MHDS).

23.3 Any failure or delay by you or (MHDS) to enforce any right or provision in terms of these Terms and Conditions shall NOT CONSTITUTE A WAIVER of such right or provision, nor shall it affect the enforceability of that right or provision at any later stage.

23.4 If any provision of these Terms and Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, such provision shall be severed from the remaining provisions, which shall REMAIN IN FULL FORCE AND EFFECT.

23.5 NO VARIATION, ADDITION, DELETION OR AGREED CANCELLATION of these Terms and Conditions shall be of any force or effect unless reduced to writing and EXPRESSLY ACCEPTED BY OR ON BEHALF OF (MHDS).

23.6 No indulgence, extension of time, relaxation or latitude which either party (the “GRANTOR”) may show, grant or allow to the other party (the “GRANTEE”) shall constitute a waiver by the grantor of any of its rights, nor shall it prejudice or estop the grantor from exercising any rights which may have arisen in the past or which may arise in the future.

23.7 These Terms and Conditions constitute the ENTIRE AGREEMENT between you and (MHDS) in relation to your access to and use of the Website as a buyer (whether as a MHDS registered user acting as a business buyer (B2B) or as a consumer buyer (B2C)), and NO REPRESENTATION, WARRANTY OR UNDERTAKING not expressly contained herein shall be binding on the parties.

23.8 SUPPLIER / registered user AGREEMENT SUPREMACY

23.8.1 In the event of any CONFLICT, INCONSISTENCY OR AMBIGUITY between these Terms and Conditions and any written agreement entered into between (MHDS) and a supplier, reseller or Marketplace Seller (including, without limitation, any SUPPLIER AGREEMENT, RESELLER AGREEMENT OR Account registration AGREEMENT), the terms of such written agreement shall PREVAIL TO THE EXTENT OF THE CONFLICT.

23.8.2 Nothing in these Terms and Conditions shall be interpreted as VARYING, REPLACING, LIMITING OR OVERRIDING any obligations, warranties, service levels, penalties, indemnities, compliance requirements or commercial terms agreed to between (MHDS) and any supplier, reseller or Marketplace Seller in terms of such written agreement.

23.8.3 These Terms and Conditions are intended primarily to regulate the relationship between (MHDS) and BUYERS USING THE WEBSITE, and do not regulate, amend or supersede the contractual relationship between (MHDS) and its suppliers or Marketplace Sellers, save where expressly stated otherwise.

23.9 Nothing in this clause limits or excludes any rights afforded to consumers under the Consumer Protection Act, 68 of 2008, or any other applicable legislation.