TERMS AND CONDITIONS OF USE EHUSTLE
TERMS AND CONDITIONS OF USE: EHUSTLE
1. DEFINITIONS AND INTERPRETATION
1.1. “Buyer” means any user who purchases goods or services listed by a Seller on the Platform.
1.2. “Seller” means any third-party business or individual registered on the Platform to list, market, and sell goods or services to Buyers.
1.3. “Goods” or “Products” means the products or services listed by a Seller on the Platform.
1.4. “Platform” means the website, mobile applications, and technology owned and operated by MS DigCom (Pty) Ltd.
1.5. “Transaction” means the purchase of Goods by a Buyer from a Seller through the Platform.
1.6. “CPA” means the Consumer Protection Act, 68 of 2008 (South Africa).
1.7. “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002 (South Africa).
2. THE NATURE OF THE MARKETPLACE (THIRD-PARTY FACILITATOR)
2.1. Platform Role: The Platform acts solely as a technological venue and intermediary that connects Sellers and Buyers. We provide the tools, technology, and payment processing
services to facilitate Transactions.
2.2. No Partnership: We are NOT the seller, manufacturer, or distributor of the Goods listed on the Platform, unless explicitly stated otherwise in a specific listing.
2.3. Contractual Relationship: When a Buyer purchases a Product, the contractual sale agreement is concluded directly between the Buyer and the Seller of that specific Product. The Platform is not a party to that contract, except for the provision of the facilitation service.
2.4. Seller Responsibility: The Seller is solely responsible for: * The quality, safety, description, fitness for purpose, and legality of the Goods listed. * Compliance with all applicable laws, including the CPA, in relation to the sale, warranty, and delivery of their Goods. * Addressing all
Buyer queries, complaints, and claims relating to the Goods or the delivery thereof.
3. USER ACCOUNTS AND ELIGIBILITY
3.1. Eligibility: You must be at least 18 years old and capable of forming legally binding contracts under South African law to use the Platform.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify us immediately of any unauthorised use.
3.3. Information Accuracy: All information provided during registration and throughout your use of the Platform (including product descriptions for Sellers) must be accurate, complete, and truthful.
3.4. Suspension and Termination: We reserve the right, at our sole discretion, to refuse service, terminate accounts, or cancel orders if we believe that user conduct violates these
Terms, is harmful to the Platform, or infringes any applicable law.
4. BUYING AND TRANSACTION PROCESS
4.1. Pricing and Availability: All prices, shipping charges, and taxes are listed by the Seller and are displayed at checkout. Prices are subject to change without notice until the order is confirmed. The Platform is not responsible for pricing errors caused by the Seller.
4.2. Order Confirmation: A contract of sale between the Buyer and the Seller is concluded when the Seller accepts the Buyer’s order and the Platform confirms receipt of payment.
4.3. Payment: All payments must be made through the Platform’s designated payment gateway. The Platform will hold and process payments before disbursing the net proceeds (less fees and commissions) to the Seller.
5. SELLER OBLIGATIONS (APPLICABLE ONLY TO REGISTERED SELLERS)
5.1. Listing Integrity: Sellers must provide accurate and complete descriptions, images, and specifications for all listed Goods. Listings must not be misleading or deceptive in terms of quality, price, or availability.
5.2. Compliance: Sellers warrant that they possess all necessary licenses, permissions, and rights to sell the Goods, and that their sales comply with all applicable South African legislation, including the CPA and ECTA.
5.3. Delivery and Fulfilment: Sellers must process, package, and dispatch orders within the promised lead time. Failure to meet service level agreements (SLAs) may result in penalties, suspension, or termination.
5.4. Product Liability: Sellers acknowledge that under the CPA, they are responsible for the quality, safety, and warranties of their Goods, including any defects, failures, or hazards associated with the Products. Sellers must indemnify the Platform against any claims arising from the defectiveness of their Goods.
6. DELIVERY, RETURNS, AND RISK
6.1. Risk of Loss: Risk of loss or damage to Goods passes from the Seller to the Buyer upon delivery to the Buyer or the Buyer’s designated delivery location, or upon handover to the shipping carrier, as specified in the individual Seller’s shipping policy.
6.2. Returns Policy (CPA Compliance): * 7-Day Cooling-Off: In compliance with ECTA, Buyers have the right to cancel certain electronic transactions without reason and without
penalty within seven (7) days of receipt of the Goods. This right does not apply to non-returnable items (e.g., personalised goods, digital products). The Buyer is responsible for
the cost of returning the Goods. * Defective Goods: In compliance with the CPA, all Goods come with an implied warranty of quality for six (6) months from delivery. If Goods are defective, the Buyer is entitled to a repair, replacement, or refund from the Seller.
6.3. Returns Procedure: All returns must be initiated by the Buyer through the Platform’s returns portal. The Platform will facilitate the process, but the ultimate acceptance, inspection, and refund is the Seller’s obligation.
7. FEES, PAYMENTS, AND BILLING
7.1. Fees (Sellers): Sellers agree to pay the Platform commission fees, listing fees, and/or other charges as outlined in the separate Seller Agreement or the Platform’s published billing statement. These fees are subject to change upon 30 days’ written notice.
7.2. Taxes: The Seller is responsible for the payment of all applicable taxes, including Value-Added Tax (VAT), on the sale of Goods. The Platform is responsible for VAT on its own commission and service fees.
7.3. Sale Not Completed – SNC: If a Transaction fails due to the fault of the Buyer (e.g., non-payment), the Seller may initiate a “Sale Not Completed” process to seek a refund of the commission fee, subject to the Platform’s specific SNC Policy.
8. INTELLECTUAL PROPERTY
8.1. Platform IP: All content, logos, designs, software, and technology used to operate the Platform are the exclusive property of MS DigCom (Pty) Ltd and are protected by South African and international intellectual property laws.
8.2. Seller Content: Sellers grant the Platform a worldwide, royalty-free, non-exclusive license to use, reproduce, and display their Product descriptions, images, and logos for the purpose of operating the Marketplace and promoting the Seller’s Goods.
8.3. Infringement: If you believe a Seller’s listing infringes your copyright or trademark, you must submit a formal Take-Down Notice to the Platform’s legal department at
support@ehustle.co.za.
9. WARRANTIES AND LIMITATION OF LIABILITY
9.1. Disclaimer: The Platform is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, or materials included therein.
9.2. Limitation of Liability: To the maximum extent permitted by law, the Platform, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages (including loss of profits, goodwill, or data) arising from: * Any defect, failure, or hazard of the Goods sold by Sellers. * The use or inability to use the Platform. * Any interaction or dispute between Buyers and Sellers.
9.3. Liability Cap: In no event shall the Platform’s total aggregate liability to you for any and all claims arising out of or related to these Terms or your use of the Platform exceed the greater of
(a) the total service fees paid by you to the Platform in the six (6) months preceding the claim, or
(b) R1000.00 (One Thousand Rand).
9.4. Indemnity: You agree to indemnify and hold harmless the Platform from any and all claims,demands, damages, and expenses (including legal fees) arising from your breach of these Terms, your use of the Platform, or your violation of any law or the rights of a third party.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
10.2. Internal Dispute Resolution (Buyer/Seller): * Buyers and Sellers must first attempt to resolve any Transaction dispute directly. * If a dispute cannot be resolved, the aggrieved party may lodge a formal dispute claim through the Platform’s dispute resolution system. * The Platform may act as a non-binding mediator, and its decision on the resolution process is final, though it does not affect the parties’ ultimate legal rights against each other.
10.3. Jurisdiction: You consent to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, for any legal action arising from these Terms that cannot be resolved internally
11. CONTACT INFORMATION
MS DigCom (Pty) Ltd]
Email: info@ehusle.co.za
Telephone: 068 1173 165