3J MEDIA (PTY) LTD T/A BUYMYSTUFF 

GENERAL (SELLER, BUYER, and SUBSCRIPTION) TERMS AND CONDITIONS

(“USER TERMS”)

THESE USER TERMS ARE EFFECTIVE AS OF: 1 JANUARY 2024 

“EFFECTIVE DATE”.

READ THESE USER TERMS CAREFULLY BEFORE ENLISTING AS A USER (SELLER OR BUYER). OR IF YOU REGISTER FOR THE BUYMYSTUFF SUBSCRIPTION SERVICES. YOUR CONTINUED USE OF THE APPLICATION OR THE WEBSITE (COLLECTIVELY THE “PLATFORM”) INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE USER TERMS. YOU CANNOT ENLIST AS A SELLER OR BUYER OR APPLY FOR SUBSCRIPTION IF YOU DO NOT ACCEPT THESE USER TERMS. ALL SECTIONS OF THE USER TERMS ARE APPLICABLE TO ALL BUYMYSTUFF USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. INTRODUCTION
   • Both the Application and the Website (collectively the “Platform”) through which the Services are provided are operated and/or owned by 3J Media (Pty) Ltd t/a BuyMyStuff (BMS) (bearing registration number: 2019/066010/07) (hereinafter referred to as "BuyMyStuff", “BMS”, "we", “our", "us", or “the company”). The User Terms are entered into by and between BuyMyStuff and the User. Any reference to "BuyMyStuff", “BMS”, "we", "our”, "us" or “the company”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
   • The User Terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to the User making use of the Services.
   • Utilising the Services after the Effective Date will signify that the User has read, understands, accepts, and agrees to be bound, and is bound, by these User Terms in such User’s individual capacity and/or for and on behalf of any entity that utilises the Services. Further, the User represents and warrants that it has the authority to do so and that in the case of a User being a natural person, the User is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
   • To the extent permitted by applicable law, BuyMyStuff may modify the User Terms with prospective effect without prior notice to a User, and any revisions to the User Terms shall be noted within such User Terms and will take effect when posted on the App or Website, unless a later date is otherwise stated in the revised Terms.  BuyMyStuff will however use its best endeavours to email any such amendments to the User Terms to the User prior to the same coming into effect. A User’s continued use of the Services will be construed as the User consenting to the amended or updated Terms and will be conditional upon the User Terms in force at the time of use. The User’s only remedy, should such User not agree to these User Terms, is to no longer make use of the Services.
   • BuyMyStuff does not accept any User, or representatives of a User under the age of majority or who otherwise do not have the relevant capacity to be bound by the User Terms, unless such User has, through their parent or guardian, consented to the terms hereof.
2. INTERPRETATION

In these Terms:

clause headings are for convenience purposes and are not to be used in its interpretation;

unless the context indicates a contrary intention, an expression that denotes:

any gender includes the other gender;

a natural person includes a juristic person and vice versa;

the singular includes the plural and vice versa;

the following expressions bear the meanings assigned to them below and cognate expressions bear corresponding meanings;

• “BuyMyStuff” means 3J Media (Pty) Ltd t/a BuyMyStuff (Registration No: 2019/066010/07), a private company incorporated in accordance with the company laws of South Africa, having its registered place of business at 3 Mini Street, Newcastle, Kwa-Zulu Natal, 2940.  Email address: info@buymystuff.app; 
• “Application” shall mean the software application which a User may subscribe to through the Website or mobile application in respect of the rendering of the Services;
• “Buyer” means a person who purchases Goods from the Seller through the Platform;
• “Commencement Date” means the date on which the User registers on the Platform;
• “Content” means the description of the Goods, photographs of the store or the Goods, videos of the Store or the Goods; name/description of the Goods, price of the Goods, the available quantity of the Goods; condition of the Goods (i.e. new, pre-used and the like), size of the Goods, the colour of the Goods, the brand name of the Goods, weight and dimensions of the Goods, together with any additional information that the Seller would like to include;
• “Goods” means the products and/or services made available to the Buyer by the Seller through the Platform;
• “Party” or “Parties” means BuyMyStuff or the User (Buyer or Seller), or both, as the context implies;
• “Platform” shall comprise both the Online Marketplace Application and the Website/s owned and/or operated by BuyMyStuff as subscribed to by a User;
• “Seller” means the owner of the Store, who makes Goods available for purchase by Buyers through the Platform; 
• “User Terms” means these User Terms and Conditions;
• “Services” means the services provided by BuyMyStuff to the User as set out in clause 5 below; 
• “Store” means the online store created on the space made available to the Seller by BuyMyStuff on the Platform, on which the Goods are made available to Buyers for purchase;
• “Subscription Services” means the online and other services provided by BuyMyStuff, including bespoke marketing for Users. 
• “Terms” means the User Terms and Privacy Policy collectively, which Privacy Policy may be found at: https://buymystuff.co/privacy-policy/;
• “User” means any person/entity that makes use of the platform, whether as a Seller or Buyer, or both; and
• “Website” means the Website as owned, hosted and managed by BuyMyStuff, and which Website may be found at: https://buymystuff.co/.  Any reference to the Website shall automatically include the Application.

If any provision is a substantive provision conferring rights or imposing obligations on either Party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the Terms.

Words and expressions defined in any clause shall, for the purpose of that clause, bear the meaning assigned to such words and expressions in such clause.

3. DURATION AND TERMINATION

• The User Terms shall commence on the Commencement Date and endure indefinitely, subject, without prejudice, to the right of either Party to terminate the User Terms on 30 (thirty) days written notice to the other Party.
• Notwithstanding the provisions contained in the User Terms, BuyMyStuff shall be entitled to terminate the User Terms forthwith on written notice to the User if the User breaches the User Terms.

4. ONBOARDING OF A USER

• Buyers are free to browse the Platform without signing up, however, they are required to sign up as a User should they wish to make a purchase. 
• Only a Seller may make use of the Services insofar as same relates to the creation and operation of a Store. 
• In registering as a User by signing up through the Platform, the User shall be required to provide personal details, as well as a Store name should they wish to be a Seller, and upload Content so that a Buyer may purchase Goods or Services should they so wish. 
• Additionally, if a user registers for subscribing to the subscription services, the User shall be required to provide personal and store details, as well as their business logo and related images and videos that BuyMyStuff will use to fulfil the subscription services.
• The User shall further be required to provide certain personal information, as set out in the Privacy Policy.
• The User must ensure that the details submitted upon registration remain up to date at all times. It is the User’s sole responsibility to inform the Company of any details or particulars that have changed since the date of registration.
• Users warrant that all information set out in the application/registration form is true and correct.
• Completion of the registration process and Subscription activation implies that the User has accepted and understood all the Company’s terms and conditions. If the User does not accept each term of this and all related agreements, they are requested not to use the Platform.

5. SERVICES 

BuyMyStuff shall act as a facilitator between the Seller and the Buyer by:

• permitting the Seller to create a Store on the Platform and make use of the features available; and
• permitting the Buyer to browse all Stores to locate Goods or Services that it may wish to purchase.

BuyMyStuff offers the following services and features to Sellers that use the Platform as well as those that subscribe to the Standard Plan or Premium Plan:

It is specifically recorded that BuyMyStuff shall act only in accordance with the Services as set out above and shall not in any manner be involved with or party to any arrangements made between the Buyer and the Seller relating to the viewing of Goods outside of the Platform, the collection and/or delivery of Goods as well as payment in respect of Goods.

BuyMyStuff shall further not be held liable or be seen as an alternative party in the event of either the Seller or the Buyer not honouring any of their undertakings timeously, correctly, in full, or at all.

6. SUBSCRIPTIONS 

• By Purchasing a Subscription, the User agrees to an initial and automatically recurring subscription fee at the then-current subscription rate at the stated frequency (e.g. monthly or annually).  The user accepts responsibility for all recurring charges until such time he/she cancels the subscription. 

Users may cancel subscriptions at any time, subject to the cancellation clause below.

• The User authorizes BuyMyStuff to charge their first subscription and any applicable taxes on or after the date they purchase the subscription, or after their free trial ends. The subscription will automatically continue at the selected interval, and the User will continue to be charged the stated price (including any applicable taxes), unless prior to the end of the current subscription period,

1. The User terminates their account,
2. The User cancels their subscription in accordance with the cancellation clause below,
3. BuyMyStuff declines to renew the User’s subscription, or
4. These Terms and Conditions are otherwise properly terminated as expressly permitted herein.

• Should a subscription payment be declined, returned, or remain unpaid, BuyMyStuff reserves the right to suspend, disable, cancel, or terminate the User's access to the Platform or Subscription Services. 
• The Subscription Services are not returnable or refundable, save for the User choosing to make use of the 35-day money-back guarantee. 
• The User may access and use the Subscription Services solely for its internal business purposes, subject to these Terms, which access is expressly limited to the authorized users of the business. 
• Acceptable Use: Users shall use the Subscription Services exclusively for authorized and legal purposes, consistent with applicable laws, regulations, and the rights of others. The User shall be responsible for all related charges it incurs through its use of the Subscription Services.
• Illegal and Unauthorized Use of Services: BuyMyStuff may immediately suspend or terminate the User’s access to the Subscription Services, by written notice, in the event that (a) BuyMyStuff determines on the basis of reasonable evidence that the Subscription Services are being used for fraudulent or criminal activities, or in violation of any applicable law or regulation, or (b) in the event that a governmental, legal or other law enforcement authority so requires, or instructs BuyMyStuff to terminate or suspend services to the User. The User is and shall be solely responsible for any fraudulent use, misuse, or illegal activity conducted in or on the Subscription Services by its Authorized Users. The User agrees that use of the Subscription Services by its Authorized Users is authorized activity for which the User solely is responsible, including to BuyMyStuff. In the event BuyMyStuff suspects or anticipates such termination, BuyMyStuff will, to the extent practical under the circumstances, use commercially reasonable efforts to provide the User with prior written notice of the same and an opportunity to cure the same prior to (and in avoidance of) termination. The User acknowledges that under certain circumstances such prior notice and/or cure period may not be possible or practical.
• The User grants BuyMyStuff the right to use the User’s name, trademarks, and logos (collectively, the “User Marks”) in accordance with any User trademark and logo use guidelines that the User provides to BuyMyStuff. BuyMyStuff reserves the right to any public use of the Customer Marks.
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• The User shall retain all rights, title, and interest in and to the User’s intellectual property rights in the User Data. By importing or processing the User Data, the User grants to BuyMyStuff the right and license to reproduce, distribute, modify, and adapt the User’s Data for the purpose of providing the Subscription Services to the User, including the right to disclose the User Data to BuyMyStuff's subcontractors as necessary to provide the Subscription Services to the User. BuyMyStuff may use, display, store, disclose or transfer the User Data as may be required by law or legal process and BuyMyStuff shall provide reasonable notice (where possible) to the User of any such disclosure. Notwithstanding the foregoing, BuyMyStuff may use de-identified or aggregated User Data for product improvement, benchmarking, and system performance enhancements. 
• As between BuyMyStuff and The User, the Subscription Services and Software (and all copies of the Software), and all Intellectual Property Rights therein or relating thereto, are and shall remain the exclusive property of BuyMyStuff or its licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Subscription Services and Software provided by BuyMyStuff (the “Materials”) are protected by all relevant intellectual property and proprietary rights under applicable laws. All Materials contained in the Subscription Service are the property of BuyMyStuff or its third-party licensors. Except as expressly authorized by BuyMyStuff, The User may not make use of the Materials. BuyMyStuff reserves all rights to the Materials not expressly granted in this Agreement.
• The User may not rent, transfer, assign, exploit, resell or sublicense access the Platform or the Subscription Services to any third party. 
• BuyMyStuff shall have no liability for any claims, losses, or damage caused by errors or omissions in any information provided to BuyMyStuff by The User, or Authorized Users in connection with the Subscription Services. Except as otherwise set forth herein, BuyMyStuff expressly disclaims any and all liability in connection with The User Data. BuyMyStuff is under no obligation to edit or control The User Data that The User imports to or the Subscription Services. BuyMyStuff may, at any time without prior notice, remove any User Data that violates this Agreement or applicable law, or which violates the rights of a third party or BuyMyStuff.
• Third-Party Products: BuyMyStuff may provide links to and integrations with optional third-party applications, services, or products for use in connection with the Subscription Services (“Third Party Products”). These Third-Party Products are not owned or controlled by BuyMyStuff and are only provided to The User as a convenience. The User’s use of the Third-Party Products is solely between The User and the applicable Third-Party Product. BuyMyStuff does not warrant, endorse, guarantee, or assume responsibility for the use of such Third-Party Products by The User and/or its Authorized User.
• Cancellation: The User may cancel their subscription at any time by following the cancellation procedures on the Platform or contacting BuyMyStuff Support. The cancellation takes effect from the next monthly or yearly billing cycle. The User will not be eligible for a refund for subscription fees paid prior to the month the cancellation takes effect. The User is responsible for all charges (including any applicable taxes and any other charges) incurred with respect to Subscription Services that were in Process prior to the cancellation of the subscription.
• BuyMyStuff reserves the right to collect from the User all costs incurred in connection with the collection of unpaid amounts, or disputes, including court costs, attorney’s fees, collection agency fees and any other associated costs.

7. PAYMENTS

• Registration on the Online Marketplace Platform shall not attract any fees.
• Buyers can make payments via the payment gateways provided.
• Sellers are liable for the fees related to the use of the payment gateways as follows:

1. PayFast and the BuyMyStuff Wallet: 2%
2. PayPal: The lower of 0.5% or R0.50 plus the PayPal standard fees as per their terms and conditions

BuyMyStuff reserves the right to amend these fees discretionally.

• Vouchers or Promotional Codes etc.:  Please note that no Voucher or Promotion may be sold, exchanged or refunded for cash.

8. THE BUYMYSTUFF SMART WALLET

• Should there be a need for a User to get refunded, these funds will be deposited into the User’s Smart Wallet.  Buyers can use the funds in their wallets for future purchases. 
• Sellers will be able to receive payments into their Smart Wallet.
• Should the Seller wish to withdraw the funds in their Wallet, they can submit a withdrawal request via the Platform. The Seller is required to withdraw the full balance in their Wallet at any time.  The withdrawal request will be approved and funds will be transferred to your respective bank account or PayPal account which ever you have chosen while submitting withdrawal request within 7 days. 
• In terms of the provisions of the Financial Intelligence Centre Act (FICA) of 2001 it will be necessary for the Seller to furnish the Company with a copy of the User’s identity details (from an identity document/passport which must be valid), proof of residence in the form of a statement/invoice (rendered by a City Council or a bank in the case of mortgaged property) and proof of bank account details (Statements, or a Bank Confirmation Letters (which documents shall not be older than 3 (three) months) to withdraw funds from their Wallet. Should the User have failed to comply with the provisions of FICA, The Company shall be prohibited from paying out any credit balance in the User’s Smart Wallet to the User.
• For further information in this regard please logon to www.fic.gov.za.
• No withdrawals will be processed until all FICA requirements have been met.
• The Company reserves the right to use third-party verification processes to confirm the information of a User (including, but not limited to, User identity, proof of address, and banking details). By accepting these terms and conditions, Users specifically agree that the Company may provide such third-party verification providers with their details.

Dormant Smart Wallets

• A dormant Smart Wallet refers to a Smart Wallet that has not been transacted on for a period of 180 days. A Smart Wallet is considered dormant if it has not had any activity i.e. if there has been no deposit, withdrawal, or transaction for a period of 180 days. After 180 days, any funds in a dormant Smart Wallet will cease to be valid and will be held in suspense until the user queries it and re-verifies their FICA details.
• Any monies in a deceased User’s Smart Wallet will only be paid to the deceased’s Estate bank account upon receipt of proof of death and Estate details. The Company reserves the right to request any documentation it deems necessary pertaining to the deceased’s Estate or the Executor/Administrator of the Estate.

Withdrawals

• BuyMyStuff requires the full FICA documentation requested, including a bank-generated document or email confirmation of the User’s bank account, before we process a withdrawal.
• Withdrawals from a Smart Wallet will only be made to a bank account in the name of the User.
• The Company will only pay out to South African bank accounts in South African Rands.
• Any bank charges or commission charges relating to the withdrawal of funds will be for the account of the User/Smart Wallet holder. 
• For withdrawals of R25 000 or more the Company requires the original FICA documents, which documents need to be certified as true. Notwithstanding this clause, the Company reserves the right to request a User’s original FICA documents at any time as per these terms and conditions.
• Payments will be processed within 7 business days of receiving a withdrawal request. The Company may withhold payment pending receipt of all monies due to the Company by the User. Withdrawals will only be allowed once all orders have been marked as “completed” and rated by both the Buyer and Seller.
• Withdrawals are subject to the Company verifying that all of the Terms and Conditions have been complied with.
• The Company only allows 1 (one) withdrawal to be processed at a time and this withdrawal amount must be the total balance available in the Smart Wallet. No partial withdrawals are allowed.
• The Company reserves the right to charge transaction fees, including but not limited to, an amount equal to any credit card or payment gateway transaction fees.
• The minimum Withdrawal amount via EFT is R100.
• The Company reserves the right to withhold a withdrawal of monies where it is suspected that the Smart Wallet is not being used for a legitimate purpose or where money laundering is suspected. An inspection will begin on the User and all related fees incurred will be charged to the User. 

Chargebacks 

• In the event that the Company incurs any chargebacks, payment reversals or any other charges in connection with a User’s Smart Wallet, the Company reserves the right to recover such amounts directly from the User.
• All Users warrant, represent, agree, and undertake that no chargebacks, payment reversals, or any other charges will be made in connection with a User’s Smart Wallet without prior written approval from the Company. Should any chargeback, reversal, or any other charge ensue, Users agree to indemnify and hold the Company harmless against any such amounts, costs, damages, claims or any other expense that may arise relating to chargebacks, reversals or other charges or in association with our efforts to recover such amounts from the User.

9. CREDIT CHECKS 

• The Company reserves the right to run credit checks on all Users and cardholders with any third-party credit bureaus on any information provided by the User on registration or otherwise.

10. WARRANTIES BY THE USER

The User warrants and undertakes that:

• the information contained on the Platform insofar as it pertains to the personal information and Seller Content is both true and current;
• it shall not publish or mirror any of this Platform’s material in any media whatsoever;
• it shall not use the Platform or the Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material or comments;
• it shall not use the Platform or the Services in any manner that would result in any other Buyer or Seller breaching an applicable legislation or licensing obligations (including with respect to privacy) or any obligations that a Buyer or Seller may owe to third parties;
• it shall not take any action that imposes an unreasonable or disproportionately large load on the Platform infrastructure, including spam or other unsolicited mass e-mailing techniques;
• it shall not mislead or deceive others through any act or omission or make a false representation about a Buyer or Seller’s identity including the Goods on offer, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
• it shall not conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
• it shall not copy, collect or save information about other Sellers or Buyers using the Platform;
• it shall not introduce to the Platform or to other Buyers and Sellers using the Platform, any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment and/or software;
• it shall not stalk or harass anyone;
• it shall not attempt to disrupt or interfere with the Services as delivered through the Platform;
• it shall not use the details of other Sellers or Buyers for anything other than the use expressly permitted by those Buyers or Sellers;
• it shall not download, access, use, harvest or download in bulk other Buyers’ or Sellers’ details;
• it shall not pass on another Buyer’s or Seller’s details to anyone other than the authorised user of that account;
• it shall not remove or alter BuyMyStuff’s copyright notices or other means of identification including any watermarks, as they appear on the Platform;
• it shall not use the Services and/or Platform contrary to applicable laws and regulations, or in any way may cause harm to the Platform, or to any person or business entity; 
• it shall not use the Services and/or Platform to engage in any advertising or marketing other than in a manner expressly permitted by the Platform;
• it shall not crawl, spider or scrape the content of the Platform, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Platform; and
• it shall not provide unauthorised interfaces to the Platform.

The User further warrants and undertakes that:

• the information provided to BuyMyStuff is and shall remain accurate, true and correct and that the User will update the information held by BuyMyStuff to reflect any changes as soon as possible;
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• if registering on the Platform on behalf of any entity that such User will be taken to have represented to BuyMyStuff that it has the authority to act on behalf of the entity, and that these User Terms will be binding on the User;
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• it is not impersonating any person or entity;
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• it is not violating any applicable law regarding use of personal or identification information;
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• it is authorised to create an account or transact on the Platform; and
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• it will provide, on demand from BuyMyStuff, verification of such User’s credentials in such form as required by BuyMyStuff.

The User understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the Services and the Platform.

Certain areas of the Platform are restricted from being accessed by the User, and BuyMyStuff may further restrict access by the User to any areas of the Platform, at any time, in its absolute discretion. 

11. WARRANTIES BY BUYMYSTUFF

• The Platform and Services are provided “as is,” with all faults, and BuyMyStuff expresses no representations or warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
• Without limiting the generality of the foregoing, BuyMyStuff makes no warranty that the Platform and/or Services will meet a User’s requirements, or that the Platform and/or Services will be uninterrupted, timely, secure, error-free or that defects in the Platform will be corrected. 
• BuyMyStuff cannot guarantee or warrant that any file downloaded from the Platform or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. The User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
• BuyMyStuff cannot be held liable for any inaccurate information contained on the Platform, other than its own information.

12. CONFIDENTIALITY

• Confidential information means any documents or information created, received, or obtained from BuyMyStuff, together with information relating to BuyMyStuff as well as non-public information pertaining to BuyMyStuff’s business (including, without limitation any related entities, the identity of the Sellers or Buyers, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
• The User may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.
• Where a User is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
• The User shall notify BuyMyStuff immediately upon becoming aware of a suspected or actual breach of the confidentiality obligations herein contained. 
• BuyMyStuff will not disclose or make available to any third party, directly or indirectly, any User’s Confidential Information, except where BuyMyStuff has the User’s permission, where the Confidential Information is already in the public domain (through no breach of the User Terms), in furtherance of the User’s use of the Services, to enforce all or any of these User Terms or if legally compelled to do so.

13. PROTECTION OF DATA 

• BuyMyStuff makes all reasonable efforts to ensure security on its systems. However, it cannot guarantee that Personal Information, alternatively any data uploaded onto the Platform may not be accessed, disclosed, altered or destroyed by breach of BuyMyStuff’s administrative, managerial and technical safeguards. Therefore, BuyMyStuff urges the User to take adequate precautions to protect its personal data and login details including never sharing its password with anyone.

14. COPYRIGHTS

• The contents of the Platform are the property of BuyMyStuff. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Platform is that of BuyMyStuff unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
• Except as stated in these User Terms, none of the contents of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of BuyMyStuff or the copyright owner, and further, should such consent be provided, BuyMyStuff reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
• The User is expressly prohibited to include any hyperlink to any other Website in any Content uploaded to the Platform by it. 
• The User, in providing a description of the Goods and/or the Store, is prohibited from using keywords or repetitive words or words which have no bearing on the Goods and/or the Store appearing on the Platform.
• BuyMyStuff does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and may at its sole discretion, remove any infringing Content should same infringe on another's intellectual property rights or its own.
• All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Platform, where not evidently that of the User or a third party, are the exclusive property of BuyMyStuff.

15. INTELLECTUAL PROPERTY 

• The User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Platform including any algorithm used by BuyMyStuff.
• BuyMyStuff owns or is licensed to use all intellectual property on the Platform.  A User may not use any of BuyMyStuff’s intellectual property for any purpose other than as may be required to use the Platform for its intended purpose.

16. CONTENT 

The User warrants that:

• all rights in and to any Content uploaded by it (including, without limitation, all rights to the reproduction and display of such Content) are obtained by the User or, alternatively, all necessary rights in and to such Content providing the rights in and to such Content have been obtained;
• all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the Content have been paid prior to it being uploaded to the Platform; 
• Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; 
• it is entitled, in the event of the Content being the property of a third party, to receive any payment generated from sales as a result of the uploading of the Content;
• the Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than a Seller’s own materials);
• the Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and
• the Content does not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party. 

By submitting the Content, the User grants BuyMyStuff an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to publish feedback, comments and ratings in respect of the Service and use such feedback in blogs, features, social media posts, highlights as well as for advertising and promotional purposes.

BuyMyStuff shall not be held liable or responsible for any loss, theft, damage or misuse of the User’s Content.

17. LIABILITIES AND INDEMNITIES 

• Without limiting the generality of these User Terms, the User hereby indemnifies BuyMyStuff and shall keep indemnified BuyMyStuff in respect of any cost or expense incurred by BuyMyStuff by virtue of a decision made by it to comply on a User’s behalf, with or without a User’s permission, arising out of any regulation or law including but not limited to any amendments or deletions which BuyMyStuff may make in respect of any Content uploaded onto the Platform by the User.
• Notwithstanding anything to the contrary, in no circumstances will BuyMyStuff be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.
• BuyMyStuff shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.   
• Without limiting the generality of the foregoing, BuyMyStuff makes no warranty that the Platform will meet the User’s requirements, or that the Services will be uninterrupted, timely, secure, error free or that defects in respect of BuyMyStuff will be corrected, nor that it will be virus free.
• The User accepts that access to the Services and the Platform may be restricted on occasion due to necessary updates and maintenance being carried out on the Platform. 
• Except for any express warranties in these User Terms, the Services and Platform are provided on an “as is” basis and used at the User’s own risk. 
• BuyMyStuff makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of title, fitness for a particular purpose or non-infringement. 

18. BREACH

• If either Party commits a breach of these User Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel these User Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance. 

19. DISPUTE RESOLUTION BETWEEN BUYMYSTUFF AND THE USER

• Any dispute which arises between the Parties in respect of these User Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
• If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
• Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
• The arbitration referred to in clause 16.2 shall be held –

1. in Durban, KwaZulu Natal or other venue agreed by the Parties in writing;
2. in English; and
3. immediately and with a view to its being completed within 21 (twenty-one) days after it is demanded.

• The Parties irrevocably agree that the decision in arbitration proceedings:

1. shall be final and binding upon them;
2. shall be carried into effect; and
3. may be made an order of any court of competent jurisdiction.

20. NOTICES AND DOMICILIUM

• The User and BuyMyStuff choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary, the following:

1. BuyMyStuff, the address set out in clause 2.3.1 above. 
2. User: The address as provided when registering on the Platform.

• Both the User and BuyMyStuff may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
• Any notice given in terms of these User Terms shall be in writing and shall –

1. if delivered via email, on the date of dispatch;
2. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery; and
3. if delivered by an internationally recognised courier service, be deemed to have been received by the addressee 3 (three) business days after dispatch.

• Notwithstanding anything to the contrary contained in these User Terms, a written notice or communication actually received by one Party from the other shall be adequate written notice or communication to such Party.

21. VARIATION

• No contract varying, adding to, deleting from or cancelling these User Terms, and no waiver of any right under these User Terms, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

22. APPLICABLE LAW AND JURISDICTION

• These User Terms and the relationship between the Parties hereto shall be regulated entirely by the laws of the Republic of South Africa and, in the event of a dispute, the Parties hereto consent, at BuyMyStuff’s sole and exclusive discretion to the jurisdiction of the Magistrate’s Court of South Africa.

23. ENTIRE AGREEMENT

• These User Terms, in conjunction with the Privacy Policy (https://buymystuff.co/privacy-policy/) shall constitute the entire agreement between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

24. ASSIGNMENT

• These User Terms are personal to BuyMyStuff and the User, and the User shall not be entitled to assign, transfer, alienate or otherwise dispose of all or any of its rights and/or obligations under these User Terms.

25. FORCE MAJEURE

• If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under these User Terms due to third-party strikes or lock-outs, server downtime, blackouts, riots, wars, sabotage, governmental laws, regulations or rulings, acts of God, fire, flood and other acts beyond the control of such Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party. Either Party invoking force majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party.
• If the event continues for a period of 30 (thirty) days, either Party may then give notice of termination of these User Terms, which termination shall take effect 7 (seven) business days after the giving of the notice.