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ZOPPAH’S TERMS AND CONDITIONS OF USE AND SERVICE

 

By accessing or using www.zoppah.com or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Zoppah Online (Pty) Ltd. (reg: 2019/553407/07) (“Zoppah”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Zoppah.

Please see Zoppah’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

 

Please read these terms carefully before accessing or using the Website and/or Services. Zoppah will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

 

It is important to note the following:

  • The terms “user“, “you” and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Zoppah Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Zoppah or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on 10 February 2020.
  • In order to become a Vendor on the Website, you must complete the additional Vendor’s Agreement with Zoppah.

 

  1. INTRODUCTION TO THE WEBSITE AND SERVICES
    • Zoppah provides an online platform which, amongst other services (“Zoppah Services”), operates as an online marketplace allowing independent vendors (“Vendors”) of various goods (“Products”) to advertise their Products and services on the Website (“Vendor Services”). Users can search through these Vendors as well as their Products and Vendor Services on the Website, and subsequently engage the relevant Vendor via the Website to acquire the Products listed, which transaction and/or engagement is entirely the private engagement between the relevant users, and has nothing further to do with Zoppah.
    • Depending on the exact Zoppah Services used on the Website, users may need to pay a fee to Zoppah, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
    • These Terms explain the conditions applicable to all users, including Vendors, using the Website and/or the Zoppah Services. In order to become a Vendor on the Website, you must complete the additional Vendor’s Agreement with Zoppah, and be subject to those additional conditions of offering your Vendor Services on the Website.
    • In order to use many of the Zoppah Services and/or become a Vendor, users must register on the Website using the prompted methods, and submit any required information to create a “Profile” – more information about this below.
    • The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Zoppah uploading the amended Terms to the Website. Your continued access or use of the Website and/or Zoppah Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
    • Supplemental terms may apply to certain Zoppah Services, such as policies for a particular activity or promotion or from a particular Vendor, and such supplemental terms will be disclosed to you in connection with the applicable Zoppah Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Zoppah Services.
    • Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
  2. RELATIONSHIP BETWEEN THE PARTIES
    • ZOPPAH PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, RETAILER, LABOUR BROKER, NOR EMPLOYMENT OR OTHER ADVISER NOR PROVIDER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE ZOPPAH SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL TRANSACTIONS BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH ZOPPAH HOLDS NO RESPONSIBILITY.
      • For clarity, all Products purchased via the Website are purchased from independent Vendors and not from Zoppah. Vendors are the “sellers” of the Products to the users, and the users buying Products are the “buyers”, for the purposes of all applicable law.
    • All users understand and expressly agree that a Vendor is at all times an independent service provider, and is not an employee, partner nor agent of Zoppah’s in any regard. As such, all Vendor-related issues or Vendor Service features are exclusively the liability of the Vendor, and not of Zoppah. Zoppah may assist the users in engaging, via the Website, but the Vendor is always responsible and liable for any and all of their Vendor Service and/or Products offered.
    • If a Vendor is engaged by a user in a formal relationship subsequent to their use of the Website and Zoppah Services, these parties do so entirely at their own risk and via private arrangement.
    • Although Zoppah carefully curates Vendor, Products and/or user Profiles prior to being placed on the Website, Zoppah is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
  3. USER REGISTRATION PROCESS
    • In order to become a user of the Zoppah Services, and/or register as a Vendor on the Website and search/post the Vendor Services/Products, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
    • Zoppah requires you to submit your full name, email address, and phone number when registering a Profile. Vendors may then setup additional features of their Profile, including adding their Vendor Services, Products, or other Vendor information, which setup may require further information to be submitted, as prompted by the Website.
    • To protect your privacy and security, the Website takes reasonable steps to verify your identity by authenticating your email and phone number in order to grant access to your Profile and data. To view or change your personal information provided, you can visit your Profile and edit your information.
    • By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
    • By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Zoppah using this information to facilitate a connection between you and another user.
    • Please see Zoppah’s Privacy Policy regarding more details on how Zoppah uses and processes your personal information.
    • Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Website and/or Services, nor provide us with any of your personal information.
  4. THE SERVICES – PROFILES, SERVICES AND FEES

Profiles:

  • In order to purchase Products, users must register a Profile using the relevant tools on the Website, and to access the Services.
  • In addition to registering a Profile on the Website, Vendors can then apply to have their Vendor Services/Products made available on the Website, using the relevant prompts on the Website. Mere application as a Vendor with Zoppah does not guarantee that the Vendor will indeed have their Vendor Services/Products made available on the Website. Same will be contingent on various factors, including the Vendor’s successful adherance with this Agreement and the additional terms applicable to Vendor’s specifically.

The Services:

  • The Website and Zoppah provides various online marketplace services, which amongst others, includes the following great offerings for both general users as well as Vendors:

For General Users:

  • Users can search through the various Vendor Services/Products made available on the Website by Vendors, and purchase those Products from the Vendors, where Zoppah will merely facilitate this private transaction between the users and the Vendors.
  • Zoppah will facilitate that the fulfilment of goods ordered via Zoppah through your chosen shipper.
  • Zoppah will liase with you via email / WhatsApp and the website portal “track your order”.

Vendors:

  • Vendors can make application to Zoppah via the Website to have their Vendor Services/Products listed on the Website for general users to then search through, and purchase using the Website as a facilitating platform.
  • Please consult the “About us page on our Website for details of our applicable Services at any given time.

Fees owed by Users:

  • In order to use the Website and/or Services as a regular user, there is no fee.
  • Should a user purchase a Product from a Vendor via the Website, the user will be liable to pay the total listed purchase price for that relevant Product (“Purchase Price”) to the associated Vendor via Zoppah’s secure payment gateway offered on the Website. Zoppah will accordingly facilitate the payment of the Purchase Price from the user to the Vendor, where same payment must be considered a direct payment from the user to the Vendor.
  • Vendors will need to pay a facilitation fee to Zoppah in order to use the Services and have their Vendor Services/Products made available on the Website (“Fee”).
    • The Fee is paid by the Vendor every time a transaction with that Vendor is concluded via the Website, where the Fee will be removed from the Purchase Price of a Product before it is relayed from the buying-user to the Vendor by Zoppah.
    • Any payment of a Purchase Price by a user to a Vendor will be facilitated by Zoppah using the preferred payment method designated in your Vendor’s Profile (such as wallet or payouts through service providers like Payoneer™), after which Zoppah will send you an invoice by email. If your primary Profile payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Zoppah may use a secondary payment method in your Profile, if available.
  • Zoppah is committed to providing secure online payment facilities. All transactions, as processed by our providers, are encrypted using secure socket layer technology (SSL) and stored with encryption. Zoppah uses Stripe.com to handle all the online payments
  • You may contact us via email at accounts@zoppah.com to obtain a full record of your payment for any transaction conducted via the Services and/or Website.
  • For further information on the current Zoppah Services available generally or applicable to you, please contact info@zoppah.com who will gladly assist.
  • To terminate your use of the Zoppah Services or the Website, please see clause 17 below.
  • Zoppah may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Zoppah Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Zoppah Services or the fees applied to you.
  • All advertised prices for Products shall be exclusive of Value Added Tax (“VAT”), delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a particular transaction, will be clearly indicated to you upon checking-out.
  • We may also send you additional email communications about your order, delivery/collection and payment where required.
  • Zoppah reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Zoppah Services at any time in Zoppah’s sole discretion. Zoppah will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
  • You can make a payment through card payments by the indicated payment gateway on the Website or Bank Deposit / Transfer to our South African Bank whose details are provided for once you choose “Bank” as your payment option.
  1. USER RESPONSIBILITIES AND WARRANTIES
    • By using the Website and/or the Zoppah Services, you warrant that:
      • you have read and agreed to these Terms and will use the Website in accordance with them;
      • you have not made any misrepresentations and the information provided in the registration process and/or in your Vendor Services/Products is true, accurate and complete;
      • you will timeously pay any due Fees to Zoppah when required to do so under these Terms;
      • you expressly understand and agree to how Zoppah is only a facilitating party for all users, and any liability stemming from any Vendor Services/Products lies exclusively with the relevant Vendor, and not with Zoppah;
      • you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Zoppah Services;
      • you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Zoppah’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
      • you understand and agree that goods will only be shipped after all the order items have been received from the suppliers;
      • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
      • you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Zoppah is not liable at all for such payment of any such tax, duty or VAT on your behalf;
      • you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
      • you will treat all other users and Vendors with respect and dignity at all times;
      • you will not use the Website platform for any commercial purpose other than as expressly provided for by Zoppah and the Terms;
      • you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
      • you will not facilitate or assist any third party to do any of the above,

failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.

  • The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. The same applies to your geo-locationary information, in that some of the Zoppah and/or Vendor Services requires you to have geo-locationary functionality in order to function.
  • Without prejudice to any of Zoppah’s other rights (whether at law or otherwise), Zoppah reserves the right to deny you access to the Website or the Zoppah Services where Zoppah believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
  • Zoppah does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
  1. CONCLUSION AND CANCELLATION OF SALE
    • Registered users may place orders for any Product on the Website, which a Vendor may accept or reject. Whether or not Vendor accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price or materials) and receipt of payment or payment authorisation by Zoppah for the Products.
    • NOTE: Zoppah will indicate the acceptance of your order by a Vendor by delivering the Product to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Vendor come into effect (the “Sale”). This is regardless of any communication from Zoppah/the Vendor stating that your order or payment has been confirmed. Zoppah will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    • Prior to delivery or your collection of the Product, you may cancel an order at any time provided you do so before your order status changes to “Order placed with suppliers”. After the status changes to “Order placed with Suppliers”, you may return the Product only in accordance with the Shipping and Returns provisions below.
    • Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Zoppah or a Vendor liable if such Product is not available or is not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    • You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. Zoppah will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Product is no longer available after you have placed an order, Zoppah will notify you and you will be entitled to a full refund of any amount already paid by you for such Product. 
    • Zoppah shall take all reasonable efforts to accurately reflect the description, availability, composition, used materials, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence nor fraud), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Shipping and Returns Provision below.
  2. RETURNS AND SHIPPING
    • Once a Product is purchased by a user from a Vendor via the Website, Zoppah will send an automated e-mail to the user confirming the sale and address to which the Product must be sent.
    • Once all the order items have been received at the Fulfilment Centre, the Order will be shipped with a tracking number within 7 to 21 days for Air Shipments & Road Shipments BUT if your choice of shipment is Sea Shipping then shipment is within 6 to 8 weeks, to the address provided by the Buyer in the registration process. Shipping time and costs will vary depending on the location of the Buyer.
    • Should a user wish to return a Product to a Vendor for any reason, he/she may do so within 7 (seven) days from their receipt of the Product. The user will be responsible for notifying Zoppah and/or the Vendor of the Product’s impending return as well as for paying for all return shipping costs, to ensure the Product’s physical return to the Vendor in its original, unsoiled condition and packaging. This condition is in addition to all other rights conferred on you by relevant consumer and online protection laws in South Africa.
    • After 7 (seven) days of a user’s receipt of a Product, the user acquires a warranty of quality for a period of 6 (six) months from their receipt of the relevant Product from the Vendor (“Return Period”). Should a user receive an objectively defective Product, they can, within the Return Period, apply to the Vendor, via the Website, to choose for one of the following options to be implemented by the Vendor, at the Vendor’s cost:
      • repair or replace the defective Product; or
      • refund to the buying-user the full price paid by the user, for the relevant Product after the Vendor has received the defective product,

which option Zoppah and/the Vendor will enable once it has concluded, after thorough internal investigation of the allegedly defective Product, that the defect does indeed exist and warrants a repair, replacement or refund, in its sole discretion.

  • After the Return Period has lapsed, users no longer have any warranty or guarantee of quality over any Product, unless obtained privately from a particular Vendor.
  • The shipping costs, including but not limited to any courier costs, export/import taxes/duties or release fees, are to be paid by the relevant buying-user. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Website for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out, which amount is based on various applicable considerations, such as the location of the buying-user.
  • A Vendor’s obligation to deliver a Product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order, or when we deliver the Product to our nominated delivery service provider, accepted by you, who will deliver the Product to you. Zoppah and/or the Vendor is not responsible for any loss or unauthorised use of a Product, after it has delivered the Product to the physical address nominated by you, or to our nominated delivery service provider, accepted by you.
  • For non-South African based Buyers of the Product where the Product will be delivered overseas, the Buyer is responsible for ensuring that the Product complies with all their local laws when importing and possessing same in their jurisdiction. Zoppah shall not be responsible for the Product’s compliance with any foreign laws, where the Buyer shall be liable for same upon the Product’s departure from the Suppliers.
  • A user cannot return, or vary, any Product which has been purchased when it was subject to a sale or a sale’s-reduced price.
  1. RECEIPT AND TRANSMISSION OF DATA MESSAGES
    • Data messages, including email messages, sent by you to Zoppah will be considered to be received only when acknowledged or responded to.
    • Data messages sent by Zoppah to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    • Zoppah and/or Vendors reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.
    • Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Zoppah is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Zoppah and a user, or between users.
  2. HYPERLINKS, DEEP LINKS, FRAMING
    • The Website may include links to other internet sites (“the other sites“). Zoppah does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Zoppah endorsement, agreement on or support of the content or products of such target sites.
    • Zoppah does not purport to own the content on the other sites which may be shown on the Website.
    • The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Vendor.
  3. ADVERTISING AND SPONSORSHIP
    • The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
    • Zoppah, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  4. INTELLECTUAL PROPERTY PROTECTION
    • All Website material, content, information, Product information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Zoppah in use of the Zoppah Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Zoppah, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
      • For clarity, all rights to any intellectual property provided by a user to the Website will remain with the user, but for which the user has provided Zoppah with a non-exclusive, non-transferable licence to use such user intellectual property as Zoppah deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
    • Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of Zoppah first being granted, which consent may be refused at the discretion of Zoppah. No modification of any intellectual property or editorial content or graphics is permitted.
    • Zoppah reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
    • Where any of the Website intellectual property has been licensed to Zoppah or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Zoppah Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
    • Subject to adherence to the Terms, Zoppah grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Zoppah.
    • Any enquiries regarding any of the above relating to intellectual property must be directed to Zoppah at info@zoppah.com.
  5. PRIVACY AND PERSONAL INFORMATION POLICY
    • Please see our comprehensive Privacy Policy to understand how we process your personal information when you use the Website and/or Services.
  6. DISCLAIMERS AND WARRANTIES
    • The Website, including any intellectual property appearing therein, is provided “as is” and “as available”. Zoppah makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user, the information contained on Vendor Services/Products and/or Website in any way.
    • All information or opinions of users made available on the Website in relation to any of the Zoppah Services or Vendor Services/Products are those of the authors and not Zoppah. While Zoppah makes every reasonable effort to present such information accurately and reliably on the Website, Zoppah does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website, in Vendor Services/Products or from another user.
    • Zoppah, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Vendor Services/Product in any way.
    • Zoppah, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Zoppah Services, and access to, or use of, the Website in any manner.
    • Users from locations outside of South Africa, please note that Zoppah complies with all South African laws in representing and offering the Zoppah Services. Should foreign law be applicable in any regard to your use of the Zoppah Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Zoppah from any liability it may acquire by virtue of its supply of the Website and/or Zoppah Services.
    • Zoppah takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Zoppah does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
  7. INDEMNITIES
    • The user indemnifies and holds harmless Zoppah, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Zoppah Services offered or concluded through the Website in any way.
    • The user agrees to indemnify, defend and hold Zoppah harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Zoppah Services or Vendor Services/Products and for breach of these Terms.
    • This clause will survive termination of this agreement.
  8. COMPANY INFORMATION
    • Site/Domain owner:                         Zoppah Online (Pty) Ltd.
    • Company type: (PTY) LTD.
    • Registration Number:             2019/553407/07
    • Director:             Tshepo Morake
    • Description of main business:             Online marketplace platform
    • Telephone number:             +27600702266
    • E-mail address:             info@zoppah.com
    • Website address:             com
    • Physical address:             Atrium on 5th

9th Floor

5th Street, Sandton

Johannesburg

2196

South Africa

  • Postal address:             Same as Physical Address
  • Registered address:             Atrium on 5th

9th Floor

5th Street, Sandton

Johannesburg

2196

South Africa

 

  1. DISPUTE RESOLUTION AND GOVERNING LAW
    • The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
    • Should any dispute, disagreement or claim arise between a user and Zoppah concerning use of the Website or the Zoppah Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
    • Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.
    • Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
    • The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
    • Users expressly understand and agree that any dispute they may have with a Vendor relating to a Vendor Services/Product or their private engagement, is exclusively between the Vendor and user, where Zoppah is in no way involved nor liable.
  2. TERMINATION OF USE OF WEBSITE OR SERVICES
    • IN ADDITION TO THE RIGHTS ABOVE, ZOPPAH RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE ZOPPAH SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT ZOPPAH GIVES REASONABLE NOTICE TO YOU.
    • If you wish to terminate the agreement with Zoppah, or end your use of the Zoppah Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
    • The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Zoppah Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Zoppah.
    • In the event of termination of your agreement with the Terms and with Zoppah, Zoppah will remove you from the Website and delete your Profile.
  3. NOTICES AND SERVICE ADDRESS
    • Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
      • in the case of Zoppah, at info@zoppah.com; or
      • in the case of the user, at the email and addresses provided by the user to Zoppah in the Profile registration process.
    • Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  4. GENERAL
    • This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
    • No indulgence, leniency or extension of time granted by Zoppah shall constitute a waiver of any of Zoppah’s rights under these Terms and, accordingly, Zoppah shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
    • Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
    • The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    • Should you have any complaints or queries, kindly address an email to info@zoppah.com advising Zoppah of same.
    • In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Zoppah, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
    • Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
    • No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 19.7.

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