WEBSITE STORE TERMS AND CONDITIONS
Terms and Conditions between you and Mum’s Mail (Pty) Ltd (co reg. no. 2016/125352/07) trading as Who Needs The Mall (Hereinafter referred to as ‘Who Needs The Mall’)
These terms and conditions govern your use of whoneedsthemall.com (hereinafter referred to as the ‘Website’) and the licence for a store in order for you to sell products and/or services to Website users (hereinafter referred to as the ‘The Service’); by using the Website and accepting these terms and conditions you agree to be bound by them.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website or the Service of Who Needs The Mall.
License for a store
Upon acceptance of this agreement by Who Needs The Mall; a non-exclusive, non-transferable licence will be granted for you to open a store on the Website and hereafter you will be referred to as a ‘Store Holder’. This licence can be terminated by either party with immediate effect at any time.
A store on Who Needs The Mall enables you to sell products and/or services to users of the Website (hereinafter referred to as the ‘Buyers’)
You upload, edit and manage details of your own products and /or services, including but not limited to;
Product images, videos, details, adverts, testimonials, specifications and prices
Shipping details and prices
Special Offers, Promotions and vouchers
The content of your store is your responsibility and you undertake to keep the content current and accurate at all times, specifically prices, offers, availability and shipping charges and details.
You must ensure your products and /or services are fit for the purpose or purposes for which they are commonly intended or as they are described in your store.
You must ensure your products and/or services correspond with the images and or description that you have uploaded on your store.
You must ensure your products are not defective and are free of any encumbrance that would prevent full title being transferred to the Buyer.
The Content provided about the products and/or services must accurately state the terms and conditions for sale of those products and/or services, including the following;
Terms of delivery,
Hyperlinks from your store to other websites or social media platforms are not allowed except where provision has been made for such links.
If applicable you must clearly specify any taxes, duties (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer.
All monetary values must be stated as South African Rand (ZAR)
You warrant that you are the legal owner of the products and/or services for sale in your store and you are legally entitled to pass the title of the products and/or provide the services to the successful Buyer.
You agree and warrant to Who Needs The Mall and the Buyer, your content is;
Accurate and not misleading, deceptive or fraudulent;
Does not breach any Intellectual Property Rights of a third party;
Is compliant with applicable laws, government regulations or guidelines;
Is not counterfeit or confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner.
Is not libellous or slanderous
Does not transmit misleading or inaccurate information of any kind,
Does not contain any obscene or offensive material;
You agree and warrant that your products and/or services are offered for sale and will be sold in compliance with the Consumer Protection Act of the Republic of South Africa – 1 April 2011;
You agree that you will not offer Buyers any payment options other than the Who Needs The Mall payment gateway unless you have receive the explicit permission from Who Needs The Mall for each separate transaction.
In order for you to use the Service you will have to create and register a user account, this is for your use only and you must ensure your ID and password are kept confidential. You must notify Who Needs The Mall immediately if your ID and password are no long secure. Who Needs The Mall reserves the right to restrict access to this user account, or indeed this entire Website, at Who Needs The Mall’s discretion.
It is Free to open a Store on Who Needs The Mall,
For each completed transaction you will pay Who Needs The Mall a commission of 20% of the gross value.
Fees include –
Online Payment Gateway transaction Cost
Bank Payment Charges
The Fee will be deducted from the transaction value received from the Buyer and the balance paid to the Store Holder.
All fees are quoted in South African Rand (ZAR) and are inclusive of VAT.
A Statement of Fees will be made available to you monthly.
We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith. If you do not accept changes in fees you may close Your Account at any time by notifying us
We reserve the right in our sole discretion to alter or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
The Store Holder agrees that feedback, comments and ratings scores may be provided about them;
You may not abuse the rating system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the rating of another user or raise your own rating. Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.
In order to keep the rating system genuine ratings can only be given by certified Buyers who have interacted (completed a transaction) with you, but their comments will be public and available for anymore to see. We encourage open and honest feedback for everyone’s benefit and we will only remove feedback in exceptional circumstances.
Who Needs The Mall will not be held responsible for the rating the Store is given or for any comment made by Buyers.
The Store Holders Dashboard.
Service – you may make numerous selections about Your Account and the, presentation, management, marketing, and distribution of your Content via the Store Holders Dashboard.
You may change your selections regarding each to the extent permitted by the Dashboard.
In all cases, your last submissions reflected in the database shall be conclusive in the event of any dispute.
Intellectual property rights
Unless otherwise stated, Who Needs The Mall and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the Website;
- edit or otherwise modify any material on the Website other than your own store; or
- redistribute material from this Website (except for content specifically and expressly made available for redistribution).
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Who Needs The Mall’s express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
Users are given the right to sell items on this Site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of Who Needs The Mall; we further reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
The contract between you and Buyers
When you sell products and/or services from your Store on Who Needs The Mall, the sale contract is between you and the Buyer.
Each order you receive shall be deemed to be an offer to purchase the products and/or services specified, subject to these Terms and the applicable details on the product page information related to that transaction to you so you may fulfil the order.
You should carefully review the applicable details on the order. If there is any conflict or inconsistency between these Terms and the email confirmation of your order or the applicable details on the product page, these Terms shall prevail to the extent of the conflict or inconsistency.
Protecting Buyer Privacy
You agree to use Buyer information only for fulfilment of the transaction on the Store and in accordance with applicable laws and regulations (including, without limitation, data protection laws).
We cannot and do not confirm any matters relating to any credit card details supplied to us by a Buyer under this Agreement, including without limitation, that the:
credit card details of any Buyer or Seller (as the case may be) are correct;
credit limit has not been exceeded;
credit card has not been reported stolen;
Buyer or Seller is entitled to authorised use of the credit card; or
credit card is otherwise being lawfully used; and
will not become involved in any dispute between any Buyer and Store Holder arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Site, or with this Agreement, subject to provisions of the agreement.
The Store Holder is deemed to have accepted the order immediately upon the payment process being completed on our payment gateway. Following the completed transaction we issue an email notification of order and you undertake to fulfil the order timeously. The contract between you and a Buyer will relate only to those products and/or services notified in the email acknowledgement of order.
Orders for products and/or services on the website may only be paid for using the payment methods available through our payment facility. When we process and accept payment related to the purchase of products and/or services from Store Holders, we act in the capacity as commercial agent of the Store Holder.
Store Holder must be satisfied that the Buyer is genuine and be able to authenticate the Buyer’s identity. The Buyer is obligated to provide authentication of their identity and to deliver full payment for items purchased.
Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for refusing, unwinding or suspending any transaction after processing has begun.
Buyer vs. Store Holders disputes
Who Needs The Mall’s policy is to encourage Buyers and/or Sellers to resolve disputes as quickly as possible using negotiation, mediation or arbitration before resorting to the legal system. Buyers and/or Sellers should notify Who Needs The Mall of the failure to resolve a dispute by direct contact. Who Needs The Mall may, at its sole discretion and without obligation, attempt to assist to resolve the dispute.
In these terms and conditions, ‘your user content’ means material (including without limitation logo, text, images, audio material, video material and audio-visual material) that you submit to this Website.
You grant to Who Needs The Mall a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Who Needs The Mall the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Who Needs The Mall or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Who Needs The Mall reserves the right to edit or remove any material submitted to this Website, or stored on Who Needs The Mall’s servers, or hosted or published upon this Website.
Notwithstanding Who Needs The Mall’s rights under these terms and conditions in relation to user content, Who Needs The Mall does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
This Website is provided ‘as is’ without any representations or warranties, express or implied. Who Needs The Mall makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, Who Needs The Mall does not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Who Needs The Mall will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:
- to the extent that the Website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Who Needs The Mall has been expressly advised of the potential loss.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Who Needs The Mall’s liability in respect of any:
- death or personal injury caused by Who Needs The Mall’s negligence;
- fraud or fraudulent misrepresentation on the part of Who Needs The Mall; or
- matter which it would be illegal or unlawful for Who Needs The Mall to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
No Implied relationship
You acknowledge that these Terms and use of the Website, do not create or imply any partnership, joint venture or trust relationship between us and you.
You accept that, Who Needs The Mall has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Who Needs The Mall’s officers or employees in respect of any losses you suffer in connection with the Website.
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will notify you of the change to the terms and upload the new terms to the Website. Your continued use of the Services after any changes to the terms of this Agreement have taken effect will be deemed to be your acceptance of those changes to the terms of this Agreement. If you do not accept the new terms and conditions you can close your Store with immediate effect.
You hereby indemnify Who Needs The Mall and undertake to keep Who Needs The Mall indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Who Needs The Mall to a third party in settlement of a claim or dispute on the advice of Who Needs The Mall’s legal advisers) incurred or suffered by Who Needs The Mall arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Who Needs The Mall’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Who Needs The Mall may take such action as Who Needs The Mall deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Who Needs The Mall may transfer, sub-contract or otherwise deal with Who Needs The Mall’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Who Needs The Mall in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of South Africa.