Terms of service

THEMFINDS TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE THEN YOU MUST NOT ACCESS OR USE OUR WEBSITE.

About these Terms of Use

ThemFinds Services

ThemFinds (“we”, “us” or “our”) provides used panties and related marketplace services (“ThemFinds Services”) for personal use through our website ThemFinds.com (“ThemFinds Site”). You must be at least 18 years of age to register to use our ThemFinds Services. When using our ThemFinds Services you must at all times comply with these Terms of Use, any directions given by us and all applicable laws. In these Terms of Use, a reference to our ThemFinds Services includes our ThemFinds Site and all information, documents, files, text, logos, graphics, images, photographs, videos, material, software and other content (“Content”) provided or made available through our ThemFinds Site.

ThemFinds provides the money deposit service for the performance of sales contracts concluded by the Users in which the Buyer transfers the money to the account of ThemFinds when making a purchase via a VISA or Mastercard credit or debit card.

How to buy items on ThemFinds

Register as a buyer on www.themfinds.co.za.
Select the item you want to buy.
Pay for the item and delivery with the payment gateway.
Receive the email confirmation of purchase.
Receive the email confirmation with the parcel tracking number.
When the delivery is completed to the seller, the order will be marked as fulfilled.

How to sell on ThemFinds

Register as a seller on themfinds.co.za.
Upload the photo and description of your item.
You will receive an email conformation if an item has been sold.
You will receive an email or SMS with the pick-up and delivery details. If the item is not pick-up by the courier, the buyer will be refunded, and no payout will be received.

Legal agreement

By accessing or using our ThemFinds Services you agree to be bound by these Terms of Use which constitute a legally binding agreement between you and us that applies to all matters arising out of, or in connection with, our ThemFinds Services. These Terms of Use include our ThemFinds ThemFinds Privacy Policy and any other terms and conditions or policies made available through our ThemFinds Services. In the event of a conflict between the provisions of these Terms of Use and any such other terms and conditions or policies then these Terms of Use will prevail to the extent of the inconsistency unless otherwise expressly stated. In these Terms of Use, the meaning of general words is not limited by specific examples introduced by including, for example, or similar expressions.

Amendments

We may in our sole discretion amend these Terms of Use at any time by making available amended Terms of Use on our ThemFinds Site(themfinds.co.za). You will be deemed to have agreed to be bound by such amended Terms of Use by continuing to access or use our ThemFinds Services after such amended Terms of Use have been made available on our ThemFinds Site. You are responsible for regularly reviewing the current Terms of Use which are available on our ThemFinds Site each time before using our ThemFinds Services. If at any time you do not agree to these current Terms of Use then you must immediately cease accessing and using our ThemFinds Services.

Registration

Registration eligibility

To be eligible to register to use our ThemFinds Services: (i) you must be at least 18 years of age and capable of entering into these Terms of Use as a legally binding agreement between you and us; and (ii) your use of our ThemFinds Services must not breach any applicable law including, without limitation, any applicable law of the country from which you access our ThemFinds Services. You agree to provide us with any identification documents that we request to verify your identity and confirm your age when you register to use our ThemFinds Services.

Registration warranties

By registering to use our ThemFinds Services you represent and warrant that: (i) you are at least 18 years of age and capable of entering into these Terms of Use as a legally binding agreement between you and us; (ii) all information that you provide to us to register to use our ThemFinds Services is accurate, complete and current; (iii) your use of our ThemFinds Services will not breach any applicable law including, without limitation, any applicable law of the country from which you access our ThemFinds Services; and (iv) you will not knowingly allow any minor to access or use our ThemFinds Services.

Registration information

You agree to promptly update any information which you have provided to us to register to use our ThemFinds Services where the information is no longer accurate, complete and current. We are not responsible for any loss or damage that you suffer as a result of us or any other user or third party relying upon any information that you provide to us to register to use our ThemFinds Services which is not accurate, complete and current.

Registration refusal

We reserve the right in our sole discretion to refuse to register you to use our ThemFinds Services for any reason including, without limitation, if you: (i) provide us with any information which is not accurate, complete and current; (ii) attempt to register more than once; or (iii) attempt to register as a username a name which you do not have the legal right to use or which is determined by us in our sole discretion to be inappropriate or unsuitable for any reason.

Account security

You must at all times keep secure and confidential your password for your account for our ThemFinds Services. You must immediately notify us and change your password if you suspect or become aware that another person has made or may make unauthorised use of your account. You must not knowingly allow another person to use your account to access our ThemFinds Services or use another user’s account to access our ThemFinds Services.

User account information

You agree that: (i) you are solely responsible for all use made of our ThemFinds Services when another person uses your login details to access our ThemFinds Services including, without limitation, any offer to sell or purchase, or sale or purchase of, any product or service which is made on your behalf using our ThemFinds Services; and (ii) we are not responsible for any loss or damage that you suffer as a result of us or another user relying upon any information which you have provided to us or the other user that is not accurate, complete and current.

Registration cancellation

We may at any time in our sole discretion cancel your registration to use our ThemFinds Services if you: (i) breach these Terms of Use; (ii) attempt to register more than once; or (iii) do not log in to use our ThemFinds Services for more than 30 days after receiving a cancellation notice from us.

Use of ThemFinds Services

Licence

Subject to you complying with these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our ThemFinds Services for your personal use in accordance with these Terms of Use. We may update, change, modify, alter, amend, restrict, limit, suspend, withdraw or discontinue all or any part of our ThemFinds Services at any time and for any reason without notice which may affect your ability to continue to access and use our ThemFinds Services.

Prohibited uses

You must not: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means all or any part of our ThemFinds Services without our prior written approval except to the extent expressly permitted by these Terms of Use; (ii) interfere with, impair or disrupt the use of our ThemFinds Services by any other user; (iii) interfere with, impair or breach any security or authentication measures of our ThemFinds Services; (iv) use data mining, screen scraping or any similar technologies to gather or extract data from our ThemFinds Services without our prior written approval; (v) develop or use any third-party application or other software that interacts with our ThemFinds Services without our prior written approval; (vi) reverse engineer, decompile or disassemble our ThemFinds Services except to the extent permitted by law; (vii) access or use our ThemFinds Services to distribute any virus or other harmful code; (viii) access or use our ThemFinds Services for the purposes of prostitution or solicitation; (ix) access or use our ThemFinds Services to engage in any fraudulent activity or any other activity that we determine in our sole discretion to be inappropriate or unsuitable for any reason; (x) access or use our ThemFinds Services to collect or store any personal information about another user without the other user’s consent; (xi) access or use our ThemFinds Services for the purpose of sending unsolicited commercial electronic messages or any other commercial purpose; (xii) access or use our ThemFinds Services for any purpose that may damage or adversely affect our business interests including, without limitation, for the purpose of operating a business which competes with our business or soliciting users to use any service which competes with our ThemFinds Services; (xiii) access or use our ThemFinds Services in any way that may damage or adversely affect our reputation or goodwill or the reputation or goodwill of any other user; (xiv) access or use our ThemFinds Services in breach of any applicable law; or (xv) access or use our ThemFinds Services otherwise than in accordance with these Terms of Use.

Access

You are responsible for obtaining and paying any applicable fees and charges for any network services and compatible hardware and software products required by you to access and use our ThemFinds Services. We do not guarantee that any particular hardware or software product will be compatible with our ThemFinds Services or that access to our ThemFinds Services will be uninterrupted or error-free.

Posting Content

Content rights

You must not post or otherwise make available any Content using our ThemFinds Services unless you have the right to make the Content available including, without limitation, all necessary copyright, trade mark and other intellectual property rights. You agree to: (i) verify the identity and age of all persons depicted in any Content which you post or otherwise make available using our ThemFinds Services to ensure that all persons depicted are adults: (ii) upon request provide us with supporting documents which you must obtain and keep to verify the identity and age of all persons depicted in any Content which you post or otherwise make available using our ThemFinds Services; and (iii) upon request provide us with written consent which you must obtain and keep from all persons depicted in any Content which you post or otherwise make available using our ThemFinds Services. By posting or making available any Content using our ThemFinds Services you warrant that you have the right to do so.

Content requirements

You represent and warrant that any Content which you post or otherwise make available using our ThemFinds Services will: (i) to the best of your knowledge, be accurate, complete and current; (ii) not infringe any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; and (iii) comply with all applicable laws including, without limitation, all applicable laws of the country from which you access our ThemFinds Services. You must immediately remove, or notify us if you are unable to remove, any Content which you have posted or otherwise made available using our ThemFinds Services upon becoming aware that the Content: (i) is not accurate, complete and current; (ii) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; or (iii) breaches any applicable law including, without limitation, any applicable law of the country from which you access our ThemFinds Services.

Prohibited Content

You must not post or make available any Content using our ThemFinds Services which: (i) constitutes personal information about another person unless otherwise expressly permitted by these Terms of Use; (ii) is defamatory, misleading, deceptive, fraudulent, offensive, discriminatory, racist, sexist, indecent, obscene, hateful, harmful, threatening, harassing, infringing or unlawful; (iii) contains any virus or other harmful code; (iv) you do not have the right to post or make available using our ThemFinds Services; (v) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (vi) breaches any applicable law including, without limitation, any applicable law of the country from which you access our ThemFinds Services; (vii) you are prohibited from posting or making available using our ThemFinds Services under these Terms of Use; or (viii) is determined by us in our sole discretion to be inappropriate or unsuitable for any reason.

Content rights and responsibilities

You agree that: (i) we will have the right, but not the obligation, to review any Content which you post or otherwise make available using our ThemFinds Services before or after you make it available; (ii) we may at any time in our sole discretion edit, modify, alter or remove any Content which you have posted or otherwise made available using our ThemFinds Services without providing notice or any reasons; (iii) we may retain for our purposes any Content which you have posted or otherwise made available using our ThemFinds Services; (iv) we may disclose any Content which you have posted or otherwise made available using our ThemFinds Services to deal with any legal claim or if required by law; (v) we are not responsible for any Content which you or another user posts or otherwise makes available using our ThemFinds Services; and (vi) we are not responsible for any loss or damage that you suffer as a result of us or another user posting or otherwise making available any Content using our ThemFinds Services.

Infringing Content

You agree that we may notify and cooperate with any internet service provider, law enforcement body or other third party (whether located within or outside the Republic of South Africa) in respect of any Content which you have posted or otherwise made available using our ThemFinds Services where we suspect or reasonably believe that the making available of the Content: (i) infringes any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; or (ii) breaches any applicable law including, without limitation, any applicable law of the country from which you access our ThemFinds Services. You agree that we will have no liability to you in respect of any such notification or cooperation that we provide to any internet service provider, law enforcement body or other third party (whether located within or outside the Republic of South Africa).

Sale and purchase of products and services

Sale of products and services

When using our ThemFinds Services to advertise the sale of any product or service or to sell any product or service to another user you agree that: (i) we are not able to validate the identity of the Buyer; (ii) we do not act as the agent of or otherwise represent you or the Buyer unless otherwise expressly stated; (iii) we do not give any representation or warranty that the Buyer has the right to purchase the product or service; (iv) you are solely responsible for the quality, merchantability, hygiene and legality of the product or service; (v) you are solely responsible for ensuring that all Content about the product or service is accurate, complete and current; (vi) you are solely responsible for ensuring that the sale of the product or service does not breach any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (vii) you are solely responsible for agreeing and complying with the terms and conditions of the contract which is formed directly between you and the Buyer including, without limitation, any contract terms and conditions regarding payment, fees, taxes, delivery, warranties, title, risk or insurance; (viii) you are solely responsible for paying all applicable taxes in connection with the sale of the product or service; (ix) you are solely responsible for ensuring the prompt and secure delivery of the product or service to the Buyer in accordance with the terms and conditions of the contract which is formed between you and the Buyer; (x) we are not responsible for any loss, theft or unauthorised use or disclosure of the product or service; (xi) we are not responsible for any loss or damage that you suffer due to the Buyer delaying acknowledging receipt of, or making payment for, the product or service; (xii) we do not give any representation or warranty that the Buyer will accept delivery of the product or service or otherwise complete the transaction for the purchase of the product or service; and (xiii) you are solely responsible for arranging the method of payment with the Buyer, and you and the Buyer may exchange the product or service for funds at your own risk, using this arranged method of payment.

Purchase of products and services

When using our ThemFinds Services to contact a Seller, in order to arrange payment for the purchase of any product or service or to purchase any product or service, at your own risk, from another user you agree that (i) the product or service is not owned or sold by us; (ii) we are not able to validate the identity of the Seller; (iii) we do not act as the agent of or otherwise represent you or the Seller unless otherwise expressly stated; (iv) we do not give any representation or warranty that the Seller has the right to sell the product or service; (v) we are not responsible for the existence, authenticity, quality, merchantability, hygiene or legality of the product or service; (vi) we do not approve, endorse or sanction the sale of the product or service; (vii) we do not give any representation or warranty that any Content about the product or service is accurate, complete or current; (viii) we do not give any representation or warranty that the purchase or use of the product or service does not breach any third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (ix) you are solely responsible for agreeing and complying with the terms and conditions of the contract which is formed directly between you and the Seller including, without limitation, any contract terms and conditions regarding payment, fees, taxes, delivery, warranties, title, risk or insurance; (x) you are solely responsible for paying all applicable taxes in connection with the purchase of the product or service; (xi) we are not responsible for any loss, theft or unauthorised use or disclosure of the product or service; (xii) we are not responsible for any loss or damage that you suffer due to the Seller delaying delivery of the product or service; (xiii) we do not give any representation or warranty that the Seller will deliver the product or service or otherwise complete the transaction for the sale of the product or service; and (xiv) you are solely responsible for arranging the method of payment with the Seller, and you and the Seller may exchange the product or service for funds at your own risk, using this arranged method of payment.

Sale and purchase risks

You agree to accept all transaction risks when offering to sell or purchase, or selling or purchasing, any product or service using our ThemFinds Services including, without limitation: (i) that another user will deal with you under false pretences; (ii) that the product or service does not exist; (iii) that any Content about the product or service is not accurate, complete and current; (iv) that the offering for sale or purchase, or sale or purchase, of the product or service breaches a third party’s rights including, without limitation, any copyright, trade mark or other intellectual property rights; (v) that the offering for sale or purchase, or sale or purchase, of the product or service breaches any applicable law including, without limitation, any applicable law of the country from which you or another user access our ThemFinds Services; and (vi) that the transaction for the sale or purchase of the product or service will not be completed. You agree that we will not be liable to you for any loss or damage arising out of, or in connection with, you offering to sell or purchase, or selling or purchasing, any product or service using our ThemFinds Services.

Fees and charges

Payment

You agree to pay us all fees and charges that we notify to you which apply to our ThemFinds Services. All such fees and charges will be shown in South African Rand and include any applicable goods and services tax unless otherwise specified.

Payment method

You warrant that you will only use a valid and current credit card or other payment method which you are authorised to use to pay any fees and charges which apply to your use of our ThemFinds Services.

PayGate

ThemFinds.co.za is a virtual buying and selling multi-vendor marketplace, which allows logged in users to buy and sell used clothing and items and open their own e-commerce shop.
Delivery policy

Subject to availability and receipt of payment, requests will be processed within 5-7 working days. ThemFinds is not responsible for delivery. Buyers and Sellers will connect through the messaging portal. The Seller sends the goods to the Buyer with Aramex Parcel or in another manner agreed upon between the Buyer and the Seller.

Export restriction

The offering on this website is available to South African clients only.

Return and Refunds policy

If the Buyer or Seller has a complaint about the service of ThemFinds, please contact us at support@themfinds.co.za and submit your name and contact details, and briefly describe the content of the complaint. ThemFinds will respond to the complaint as soon as possible, but not later than within 5 working days.

After the order has been cancelled or a substantial complaint has been reviewed, the Buyer can be paid out to the chosen bank account. Cancellation of orders by the client will attract a 9 % administration fee.

Customer Privacy policy

ThemFinds shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be accessed on: https://www.justice.gov.za/legislation/acts/2000-002.pdf

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the ThemFinds bank account, the details of which will be provided on request.

Card acquiring and security

Card transactions will be acquired for ThemFinds via PayGate (Pty) Ltd who are the approved payment gateway for all South African

Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by ThemFinds separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

ThemFinds takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and ThemFinds chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Variation

ThemFinds may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Steenekamp AC Pty(Ltd) based in South Africa trading as ThemFinds and with registration number 2023/815680/07 and Director A. Steenekamp.

ThemFinds contact details

Company Physical Address: SYLVIA ROAD, SCOTTBURGH, 4180. admin@themfinds.co.za

Orders

6.1 The Seller has up to 7 working days from the receipt of the purchase order to ship the goods. In order to confirm the shipping of the goods.

6.2 The Buyer has up to 10 working days after receiving the notification of the shipping of goods to confirm the receipt of the goods on the Portal. In order to confirm the receipt of the goods, the Buyer has to click on the ‘Item received’ button in that order.

6.3 Shop ThemFinds (Pty) Ltd will release the payment made by the Buyer to ThemFinds’s deposit into the Seller's ThemFinds chosen bank account right after the Buyer confirms the receipt of the goods or the provision of the service. The Seller can choose between using the money for future purchases on ThemFinds or paying it out to the chosen bank account. The Seller can initiate a payout to bank account by clicking on the 'Payout to bank account' button. The Seller enters the account details where they want the payment for the goods to be transferred in the Settings section on the Portal. Once the Seller has initiated a payout, Shop ThemFinds (Pty) Ltd will transfer the money to the Seller within 1-3 working days.

6.4 If the Seller has not shipped the goods within 1 month from the receipt of the purchase order, indicating it by clicking ‘Item transferred’ button, or the order has been in the "In-transit" status for over 1 month, then Shop ThemFinds (Pty) Ltd has the right to cancel or complete the order respectively.8/579160/07, Sylvia Road, Scottburgh, 4180. support@ThemFinds.co.za

Non-payment

You agree that we may recover from you any overdue fees and charges which apply to your use of our ThemFinds Services using any available means of collection including, without limitation, using debt collection agencies and instituting legal proceedings.

Refunds

To the fullest extent permitted by law, all fees and charges which you pay to us for the use of our ThemFinds Services will be final and non-refundable unless exceptional circumstances exist. Where exceptional circumstances exist we may approve a refund in the form of a cash deposit provided that the amount of any such refund will be determined by us in our sole discretion and that the provision of a refund in one instance does not entitle you to a refund in the future in similar circumstances or obligate us to provide you with any refund in the future under any circumstances. You acknowledge and agree that you will not receive a refund for any .

Refunds or order cancellations

The Buyer will need to take certain actions in order for a refund or order cancellation to commence.

In the case where an order is paid, but no items received the full amount will be refunded. If the Buyers selects the “refund later” option, no refund will be given immediately. The order will be investigated, and it is the Buyer’s responsibility to keep track of these orders to avoid any issues. If an order is refunded, the credit card transaction fees won't be refunded.

When an order is neither paid nor fulfilled, the order is simply archived. The Buyer and Seller will have to archive the order manually if the order isn’t archived automatically.

When a order is paid and then canceled by the Buyer, the payment status of the order will change. If the payment wasn’t captured, the status becomes “Voided”. If the payment was fully refunded, the status becomes “Refunded”.

If an order is paid and received by the Buyer and a refund is requested, the use of our ThemFinds Services will be final and non-refundable unless exceptional circumstances exist.

New fees and charges

You agree that we may at any time notify you of any new fees and charges which will apply to our ThemFinds Services. By continuing to use our ThemFinds Services after we have notified you of any new fees and charges which apply to our ThemFinds Services you will be deemed to have accepted and agreed to pay such new fees and charges.

Intellectual property rights

Intellectual property rights in ThemFinds Services

We are the owner or licensee of all copyright, trade mark and other intellectual property rights in our ThemFinds Services. You agree that “ThemFinds” and its related images and logos are owned by us and protected under trade mark and copyright laws throughout the world. You must not use “ThemFinds” or any of its related images or logos without our prior written approval. You acquire no rights or licences in respect of our ThemFinds Services except as expressly provided in these Terms of Use.

Service fees

User pays a commission fee of 9% calculated from the total price paid by the Buyer (including delivery);

Content licence

You grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, sub-licensable, transferable licence to use, copy, modify, display, distribute, communicate to the public and otherwise exploit for our purposes any Content which you post or otherwise make available using our ThemFinds Services.

Suggestions, ideas and feedback

You hereby assign to us all copyright and other intellectual property rights in all suggestions, ideas and feedback that you provide to us in connection with our ThemFinds Services. We may use all suggestions, ideas and feedback that you provide to us in connection with our ThemFinds Services in any manner and for any purpose without notice or paying any compensation to you.

User information

Provision of user information

By providing us with your information you consent to us collecting, holding, using and disclosing it in accordance with our ThemFinds Privacy Policy. You warrant that all information (including, without limitation, credit card or other payment details) that you provide to us in relation to our ThemFinds Services will be accurate, complete and current and that you will maintain the accuracy, completeness and currency of all such information. You must not provide us with any information about another person for any purpose unless you have obtained the person’s express consent and notified the person of the details required by all applicable privacy laws.

Confidentiality of user information

You agree to keep confidential and not disclose to any third party any information about another user that is received by you in connection with your use of our ThemFinds Services without the express written consent of the other user except where the disclosure is required by law.

Disclosure of user information

We may disclose your username to other users in connection with any offer to sell or purchase, or sale or purchase of, any product or service which you make using our ThemFinds Services. We are not responsible for any loss or damage that you suffer as a result of any of your user information being made available through our ThemFinds Services whether by you, us or another user.

Links

Site linking requirements

You may link to our ThemFinds Site provided that the link accurately indicates that it is to our ThemFinds Site and we have not requested you to remove the link. We may in our sole discretion determine that any link to our ThemFinds Site is inappropriate or unsuitable for any reason and request you to remove the link. If you do not immediately comply with a request by us to remove a link to our ThemFinds Site then you must indemnify us against all costs, charges and expenses (including, without limitation, legal costs on a full indemnity basis) that we incur in having the link removed.

Links to third party material

We have no responsibility for any third party site, application or content linked to from our ThemFinds Site. You use any third party site, application or content linked to from our ThemFinds Site entirely at your own risk and subject to the terms and conditions of the third party. We do not endorse or sponsor any third party site, application or content by reason only of providing a link to the third party site, application or content from our ThemFinds Site. We do not accept any responsibility or liability for any third party site, application or content linked to from our ThemFinds Site. We may at any time remove a link to any third party site, application or content linked to from our ThemFinds Site.

Complaints policy

Reporting content

You may report to us any Content that is available through our ThemFinds Site that you believe breaches these Terms of Use or otherwise is illegal. We will review any such Content which you report to us within 7 business days of receiving your report. If we determine that any Content which you have reported to us breaches these Terms of Use or otherwise is illegal then we will immediately remove the Content from our ThemFinds Site.

Removal requests

You may request us to remove any Content in which you are depicted that is available through our ThemFinds Site if you have not validly consented to the Content under applicable law. We will review any such Content which you request us to remove within 7 business days of receiving your request. If we cannot establish that you have validly consented under applicable law to any Content in which you are depicted that you have requested us to remove then we will immediately remove the Content from our ThemFinds Site.

Content disputes

If you dispute any decision by us relating to the removal of any Content which is available through our ThemFinds Site then the dispute must be resolved in accordance with the dispute resolution procedures contained in these Terms of Use.

Liability

Disclaimer

To the fullest extent permitted by law, you use our ThemFinds Services entirely at your own risk and on an “as is” and “as available” basis. We do not give any representation, warranty or guarantee in respect of our ThemFinds Services including, without limitation, any representation, warranty or guarantee regarding the availability, reliability, quality, accuracy, completeness, currency or suitability of our ThemFinds Services or that access to or use of our ThemFinds Services will be uninterrupted, error-free or free from viruses or other harmful code. You provide information over the internet entirely at your own risk as the security of such information cannot be guaranteed. The content of packages is not kept in a warehouse. ThemFinds arranges for the pick-up from the buyer and the drop-off at the seller. ThemFinds takes no responsibility for the content of a package.

Implied terms

To the fullest extent permitted by law, we expressly exclude any condition, representation or warranty which would otherwise be implied, whether by law or otherwise, in these Terms of Use including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights. Where any condition, warranty or representation is implied, whether by law or otherwise, in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited at our option to supplying the services again, paying the cost of supplying the services again or otherwise to the fullest extent permitted by law.

Liability exclusion

To the fullest extent permitted by law, we will not be liable to you for or in respect of any and all: (i) losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever not directly, or naturally in the usual course of things, arising out of, or in connection with, a breach of these Terms of Use; (ii) consequential, special, indirect, incidental, exemplary or punitive damages including, without limitation, damages for loss of data, profit, opportunity, revenue or income, or loss of, or damage to, reputation or goodwill; (iii) claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever directly or indirectly arising out of, or in connection with, any act or omission of any other user or third party not under our direct control including, without limitation, any act or omission of any other user or third party relating to any product or service purchased or sold by you through our ThemFinds Services; and (iv) personal injury or property damage arising out of, or in connection with, any use of our ThemFinds Services.

Liability limit

To the fullest extent permitted by law, our total aggregate liability to you for all losses, damages, costs, charges, expenses and liabilities arising out of, or in connection with, our ThemFinds Services will be limited to the amount of the fees and charges that you have paid to us to use our ThemFinds Services during the previous 12 month period.

Indemnity

To the fullest extent permitted by law, you irrevocably and unconditionally agree to indemnify and release us and our officers, employees and agents from all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with: (i) any Content which you post or otherwise make available through our ThemFinds Services; (ii) any offer to sell or purchase, or any sale or purchase of, any product or service which you make using our ThemFinds Services; (iii) any infringement by you of the rights of any other user or third party; (iv) any claim, action, demand or proceeding relating to your use of our ThemFinds Services which is made or instituted against us by any other user or third party; or (v) any breach by you of these Terms of Use. You agree that we hold the benefit of this indemnity on trust for each of our officers, employees and agents. You also agree that it is not necessary for us to incur any cost or expense or make any payment before enforcing any right of indemnity under these Terms of Use.

South African Consumer Law

Nothing in these Terms of Use excludes, restricts or modifies any non-excludable right or remedy that you have under the South African Consumer Law or any other law. Any disclaimer, exclusion or limitation which is contained in these Terms of Use will apply only to the full extent permitted by the South African Consumer Law or any applicable law.

Dispute resolution

Good faith

Any dispute between you and another user or between you and us which arises in connection with these Terms of Use must be resolved in good faith by the parties to the dispute in accordance with the following dispute resolution procedures.

Dispute notice

If a dispute arises in connection with these Terms of Use, then the party claiming that the dispute has arisen may within no longer than one year after the dispute arises give notice to the other party with details of: (i) the nature of the dispute; (ii) the desired resolution of the dispute; and (iii) the action required to settle the dispute. The parties to a dispute must use their best endeavours to resolve the dispute within 14 days (unless another period is agreed in writing between the parties) of a dispute notice being received by a party to the dispute.

Arbitration

If the parties to a dispute are unable to resolve the dispute within 14 days (unless another period is agreed in writing between the parties) of a dispute notice being received by a party to the dispute then the dispute may only be resolved by being submitted by either party to arbitration which must be conducted in accordance with, and subject to, the Arbitration Act.

Release

You irrevocably and unconditionally agree to release us from any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses and liabilities of any kind or nature whatsoever directly or indirectly arising out of, or in connection with, any dispute which arises between you and another user of our ThemFinds Services.

Confidentiality

A party to a dispute must not disclose to any other user or third party any information relating to the dispute or arbitration of the dispute without the prior written consent of the other party to the dispute except where the disclosure is: (i) expressly permitted under these Terms of Use; (ii) necessary for the arbitration of the dispute; or (iii) required by law.

Interlocutory relief

Notwithstanding any other dispute resolution provision, we reserve the right in our sole discretion to at any time institute legal proceedings in a court of competent jurisdiction for interlocutory relief to protect any intellectual property rights, confidential information or personal information where a dispute arises in connection with these Terms of Use.

Individual actions

To the extent permitted by law, you must only seek to resolve any dispute which arises in connection with our ThemFinds Services or these Terms of Use on an individual basis and not as a member of any class or representative action.

Termination, suspension and restriction

Termination by user

You may at any time terminate your access to and use of our ThemFinds Services by deleting your user account. If you terminate your access to and use of our ThemFinds Services then we may retain all fees and charges paid by you for the use of our ThemFinds Services except where we are required by law to refund to you any such fees and charges.

Termination, suspension and restriction by us

If you breach any of these Terms of Use then we may in our sole discretion do any one or more of the following: (i) vary, rescind or terminate any contract which you have entered into with another user for the sale or purchase of any product or service; (ii) refund to the Buyer of a product any purchase monies that we have been paid for the purchase of the product after deducting our fees and charges; (iii)immediately terminate, suspend or restrict your use of all or any part of our ThemFinds Services including, without limitation, cancelling your user registration and deleting your user account for our ThemFinds Services; and (iv) institute legal proceedings to recover from you any loss or damage that we suffer as a result of your breach of these Terms of Use. We may at any time terminate, suspend or restrict your access to or use of our ThemFinds Services without notice for any reason. If we terminate your access to and use of our ThemFinds Services then we may retain all fees and charges paid by you for the use of our ThemFinds Services except where we are required by law to refund to you any such fees and charges.

Effect of termination

The termination of your access to and use of our ThemFinds Services for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use. If your access to and use of our ThemFinds Services is terminated for any reason then only clauses 1 (About these Terms of Use), 7 (Intellectual property rights), 8 (Personal information), 10 (Liability), 12 (Termination, suspension and restriction) and 13 (General provisions), and any other provisions which are capable of continuing to have effect after such termination will survive and remain in full force and effect after such termination.

General provisions

Notices

We may give you notice under these Terms of Use by making available a notice on our ThemFinds Site or otherwise providing you with a notice through our ThemFinds Services. If you are a registered user then we may also give you notice under these Terms of Use by email to any email address which you have provided to us. You may give us notice under these Terms of Use by using the contact form available on our ThemFinds Site. A notice given under these Terms of Use is taken to be received: (i) if provided through our ThemFinds Services – immediately on providing the notice through our ThemFinds Services; and (ii) if sent by email – on the day of sending unless the sender receives a delivery failure notification.

Entire agreement

These Terms of Use constitute the entire agreement between you and us in connection with their subject matter and supersede all prior statements, representations, warranties, understandings, arrangements or agreements.

Further acts and approvals

You agree, at your own cost, to do everything necessary (including, without limitation, executing documents) to give full effect to these Terms of Use. We may in our sole discretion give conditionally or unconditionally or withhold any approval or consent under these Terms of Use.

Force majeure

You agree that we will not be liable to you for any failure or delay in performing any obligation under these Terms of Use due to any circumstances beyond our reasonable control including, without limitation, acts of God, natural disasters, weather events, fires, epidemics, pandemics, power failure, internet or other communications outage, service interruption, third party supplier failure, virus or other harmful code, denial of service or other cyber-attack, acts or orders of government, acts of war, terrorism, embargoes, insurrection, strikes, labour disputes and riots or other acts of civil disorder.

Assignment and transfer

You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use without our prior written approval. We may at any time by notifying you: (i) assign or otherwise transfer our rights and obligations under these Terms of Use to a related body corporate within the meaning of the Companies Act 71 of 2008 or a purchaser of all or part of our business or assets; and (ii) provide to that related body corporate or purchaser respectively all Content which you have provided or otherwise made available to us in connection with our ThemFinds Services including, without limitation, any personal information.

Waiver and severability

Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy. If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable in whole or in part under any law then the whole or part of the provision will be severed to the extent that it is illegal, invalid or unenforceable and be replaced with a provision or part of a provision that is legal, valid and enforceable and to the extent possible has a similar effect for the purposes of these Terms of Use without affecting the validity of the other provisions.

Relationship and representation

These Terms of Use do not create a relationship of employment, agency, partnership or joint venture between you and us. You must not represent yourself as being an officer, employee or agent of ours or as otherwise able to bind or represent us in any way.

Governing law and jurisdiction

These Terms of Use are governed by, and to be construed in accordance with, the laws of the Republic of South Africa. If a dispute arises in connection with these Terms of Use which is not subject to the dispute resolutions provisions contained in these Terms of Use, then the courts of the Republic of South Africa, will have exclusive jurisdiction in respect of the dispute.

These Terms of Use are effective as of Thursday, November 02, 2023.