TERMS OF SERVICE
For The Buyer
1. Important information
- These Terms form an agreement between you and Flipsell.
- You agree that you will use the Service only in line with these Terms and any additional terms mentioned below that may apply, including any terms and conditions incorporated in these Terms by reference and applicable laws, rules and regulations.
2.1. We have defined some words and phrases for clarity. These words will begin with a capital letter where indicated. Singular words include the plural and the other way around.
2.2. Any references to legislation or rules or regulations, means the latest version thereof.
Account The credit/debit card account you choose when setting up your Profile, which will be debited/credited with the value of purchase made using the Service
Courier Company The service provider appointed by us to provide the Courier Service
Courier Service The collection, storage, transportation and delivery of the Product to you by the Courier Company
Device The device you use to access the Service such as a computer, smartphone, tablet or any similar technology
Intellectual Property Without limitation, is all inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with the foregoing; copyright and copyrightable works, including, but not limited to, all copyright in any logos, devices, designs, multimedia works and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar character whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same
Rights All rights in and to Intellectual Property
ISP An Internet service provider, which is an organisation that provides access to the Internet
Personal Information Information about an identifiable, natural or juristic person, including but not limited to, information about race, gender, marital status, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, religion, belief, disability, language, birth, education, identity number, telephone number, email, postal or street address, location through your Device’s GPS, biometric information and financial, criminal or employment history as well as correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence
Process Any operation or activity, whether automated or not, concerning Personal Information, including: collection; receipt; recording; organization; collation; storage; updating or modification; retrieval; alteration; consultation; use; dissemination by means of transmission, distribution or making available in any other form; merging, linking as well as blocking, degradation, erasure or destruction of information. Processing will have a similar meaning
Product Product purchased through Flipsell’s online classified advertisement
Profile The online profile you create when you register for the Service, which will include your full name, identity number, Account number, cell phone number, physical address. You will get a unique payment reference number, for us to identify you
Service The payment service used to pay for Products purchased through Flipsell’s online classified advertising and the Courier Service
Seller The person who wants to sell the Product through Flipsell’s online classified advertisements
Terms The terms and conditions for the Service as set out in this document
Transaction Any debit or credit on your Account made using the Service, including payments for Products that we action on your instruction, any surcharges for non delivery, costs of returning the Product to the Seller. Transact has a similar meaning. Transactions are subject to your Account terms and conditions
we, us, our Flipsell Proprietary Limited (Registration number 2015/283917/07) and its successors or assigns
you or your The person who registered for the Service, as a buyer of Products purchased through online classifieds
3. Additional Terms
These Terms apply together with the respective current version of the terms and conditions of the website www.flipsell.co.za including the privacy and security statement, and any other relevant terms, conditions and disclaimers that are incorporated by reference into these Terms.
You must register for the Service by following the prompts on www.flipsell.co.za. During the registration process you will be asked to provide us with your Personal Information.
When you register you must create a Profile for the use of the Service.
5. Fees and Costs
Standard data costs will be charged when you sign up to the Service and thereafter when you Transact through the Service. These costs are charged by your mobile network operator and/or ISP. Any questions related to your data costs must be sent to your mobile network operator and/or ISP
Any costs charged by the Courier Company to return the Product to the Seller via the Courier Service, will be deducted from the purchase price before we transfer the funds to your Account.
You may be charged a surcharge of 15% of the total shipment cost of the Product should you not be available to take delivery of the Product for whatever reason.
All prices will include value added tax.
The list of fees and costs can be found on www.flipsell.co.za/place-an-ad/
6. Transacting through the Service
We will act on instructions that appear to have been sent by you once you have registered for the Service.
We are not responsible for any loss you suffer if you enter the incorrect details for your Transaction.
You must check that your online purchase is correct, not only about the contents of your purchase but also the details of the price. Once you submit your Transaction it cannot be reversed.
The purchase price of the Product will be held by us in an escrow account until you notify us that you are satisfied with the Product and instruct us to pay the purchase price to the Seller.
You will be notified by us via e-mail when of the date and time of collection of the Product from the Seller and the delivery of the Product to you.
You must identify yourself by producing a copy of your Identity Document to the Courier Company.
On receipt of the Product, you must inspect the Product to ensure there are no visible defects.
If the Product is damaged, you must take a photo of the damaged Product and send it to our Support Desk.
If you do not wish to purchase the Product for whatever reason, the Courier Company will return the Product to the Seller and your Account will be credited with the purchase price.
We are not responsible for any disputes relating to the Product purchased through online classified advertising. Such disputes must be resolved between you and the Seller.
In the event of a dispute between the Buyer and Seller we will release the contact details supplied to us for both parties to the other party. These details will be limited to mobile phone numbers and email addresses.
7. Warranties by you
You represent and warrant that:
You have full contractual capacity and no court has declared you mentally unfit;
You are not, and will not be, located in any country that is the subject of a United States of America (US) Government embargo or that has been designated by the US Government as a “terrorist supporting” country;
You are not listed on any US Government list of prohibited or restricted parties;
None of the activities or operations requested by you is in any way linked to criminal, money laundering or terrorist activities.
You have been informed that you can refer any questions that you may have to us;
You have given us the correct information;
You have read and understand these Terms before entering into this agreement.
All Personal Information that you provide to us is true and correct.
8. Service Security
We are committed to providing safe online services. All uses of the Service and Transactions through it are protected by encryption. The Personal Information you send through the Service is encrypted. Only our authorized employees or agents have access to information related to the Service.
9. Software and Hardware
You must use software and hardware suitable for the Service. If you do not, the Service may not work properly and this could increase your security risks.
If we offer software to you on or through your Device, any license agreement is between you and the software’s licensor. You indemnify us against any breach of such software license.
We do not expressly or implicitly warrant:
The licensor’s ownership of software provided in respect of the Service; or
Rights of use of any licensor.
You indemnify us against any loss or damages (direct, indirect and consequential) that we may suffer because:
You have not paid costs or fees;
You gave us wrong instructions or information;
You failed to comply with your obligations provided in the Terms.
Your use of the Service is dependent on factors beyond our control, such as your network’s coverage or availability, your ISP’s availability or your Device’s capability or capacity.
We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access the Service.
We (including our employees, consultants, agents, or any affiliated person) are not responsible for any loss or damages related to your use of the Service or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of duty or care) or law.
We are not responsible for any loss or damage where:
Any technical or other problem (interruption, malfunction, downtime or other failure) that affects the Service, our banking system, a third-party system or any part of any database for any reason;
Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence;
Any failure or problem affecting goods or services provided by any other party for example any telecommunication service provider, ISP, electricity supplier, local or other authority; or
Any event that we have no control over.
12. Data Protection
We may, and you expressly consent to, collecting and Processing of your Personal Information by us to open, administer and operate your Profile and Account; provide any combination of Services or analysis linked to the Service; carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.
You expressly consent that we may Process and further Process your Personal Information for the above purposes; disclose your Personal Information to any person who provides services to us or acts as our agent or to whom we have transferred or propose to transfer any of our rights and duties in respect of your Account or Profile (some of these persons may be located in countries outside of the Republic of South Africa); and share your Personal Information with our services providers, locally and outside the Republic of South Africa, as necessary. We ask persons who provide services to us to agree to our privacy policies if they need to access any Personal Information to carry out their services.
You acknowledge that we will at all times remain responsible for determining the purpose of and means for Processing your Personal Information; we are required to collect some of your Personal Information, without which we may be unable to offer the Service to you; and you are giving us your Personal Information voluntarily.
13. Marketing by post, email or text messages
If you give us permission, we may use your Personal Information to tell you about products, services, and special offers from us or other companies that may interest you. We will do this by post, e-mail, or text message. If you decide that you do not want us to do this, you can contact us, and we will stop.
We may stop you from using the Service if you breach a clause of these Terms and do not remedy it within 5 days after we have asked you to do so. We may still take other steps available to us, including applying to a court for an urgent interdict against you.
15. Intellectual Property
Subject to any Intellectual Property Rights held by any other third parties, we keep all Intellectual Property and Intellectual Property Rights in and to the Service, all content (including, but not limited to, all proprietary information, trademarks and copyright in any logos and other devices or storage media) in or sent to, through and from the Service save where otherwise indicated in writing by us.
We grant you a non-assignable, non-sub-licensable, non-transferable, non-exclusive license to use the Service, which may include updates and/or upgrades, only for purposes outlined in these Terms and for no other purposes. The Service is licensed to you only and you will not grant any rights of use or any other rights in respect of the Service or any Intellectual Property Rights in it to any other person.
The license granted to you will commence when you install the Service and will continue until it is terminated in line with these Terms, which will result in the cancellation of your access to the Service. On termination of the license granted in these Terms, for any reason, you must immediately stop all use of the Service.
Certain content available on the Service may include content that belongs to third parties. We may provide links to third-party websites, such as the online classifieds companies, as a convenience to you. You agree that we are not liable for any of the following:
the content or the accuracy of any such content belonging to third parties, including, but not limited to any Online classifieds companies, featured on the Service;
any content featured on the third party websites that are accessed through the links found on the Service;
You may not copy, republish, distribute, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of or create a derivative of works or, otherwise attempt to reproduce the Service, its contents, including any Intellectual Property therein, its design, any updates to the Service and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the Service and/or any content featured on the third-party websites which are accessed through links that are found on the Service. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.
You acknowledge that you:
will in no way represent that you have any rights of any nature in any current and future Intellectual Property belonging to us and/or any third parties featured on the Service;
will not use our and/or any third party that is featured on the Service’s current and future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any country;
will not apply for or obtain registration of our and/or any third party that is featured on the Service’s current and future Intellectual Property or any other Intellectual Property which may be confusingly similar thereto in any country;
will not challenge our and/or any third party that is featured on the Service’s rights to its current and future Intellectual Property in any country;
will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair our and/or any third party that is featured on the Service’s current and future Intellectual Property or the reputation and goodwill associated therewith or us and/or any third-party featured on the Service, or which would be expected to jeopardize or invalidate any registration of our and/or any third party that is featured on the Service’s current and future Intellectual Property; and
will not use, register or attempt to register as trade names, corporate names, business names, logos, domain names, meta-tags, meta descriptors, electronic mail (e-mail) addresses, server names, or search-engine markers anything that is identical to, contained in whole or in part, or is otherwise confusingly similar to our and/or any third party that is featured on the Service’s current and future Intellectual Property in any country.
You may not establish a hyperlink, frame, mitigate, similar reference, whether electronically or otherwise, or any other reference to the Service without our prior written consent.
You indemnify us against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as are result of any third-party claims initiated and/or instituted against us relating to your unauthorized use of the Service, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.
Any breach of the terms under this clause 15 entitles us, in addition to our normal common law remedies, to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
We may change these Terms any time. We will give you written notice of any change.
The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of these Terms.
We may terminate the Service any time, without notice.
South African law will govern these Terms.
We choose the registered address on our website at www.flipsell.co.za as the address where any legal document or notice must be served or delivered to us.
We will send any legal documents or notices to you at the address we have for you on our records.
We may send any other written communication to your street, postal or e-mail address, or through the Service message system. We will regard a communication sent by e-mail as having been received by you one day after it was sent.
18. Contact Information
If you have any questions about the Service you can email our support center at email@example.com