The following terms and conditions govern all use of the MyShopsy.co.za website and all content, services and products available through the website, including, but not limited to, the client area (collectively referred to as the Site).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Applinga (Pty) Ltd t/a MyShopsy, acceptance is expressly limited to these terms.
By becoming a member of MyShopsy you will receive access to your very own online store front on the MyShopsy website. It is your responsibility to
- upload your photos and descriptions
- define your prices *
- keep your store front updated
- respond to enquiries and orders via your vendor dashboard area.
- ensure listed items are available beforehand
You will need to register for one of the paid membership package options for Vendors on MyShopsy. All sales will have a 4.5% commission attached to each paid transaction that happens via the marketplace and you will need to make sure you incorporate the 4,5% commission into your pricing structure.
Make sure that you weigh and measure your product items to estimate shipping and packaging costs which you will need to add to the shipping section on your vendor dashboard area this cost will be added to the delivery costs for the buyer, you will be held liable to make sure that you have added the appropriate shipping costs to your product items. You have the option of allowing your clients to collect their paid items from a physical location.
1.1 The MyShopsy (“site”) is a site operated by Applinga (Pty Ltd) t/a MyShopsy (“we” or “us”). We are registered in South Africa.
1.2 Our site is an eCommerce Vendor Marketplace providing:
(a) buyers with the facility or venue to purchase third party product items from third party vendors; and
(b) vendors with the facility or venue to sell and/or promote their products to potential buyers. Accordingly, we provide an eCommerce marketplace platform (that is, an online eCommerce platform facilitating buyers’ access directly to various third-party vendors).
1.3 These Vendor Terms & Conditions help to keep our site a safe place to buy and sell items. We would like to build our site in compliance with these Vendor Terms & Conditions which help ensure trust amongst all members of our marketplace community.
2.1 Any person who wants to access and use our site to act as a vendor must accept these Vendor Terms & Conditions. These Vendor Terms & Conditions are binding for your registration to MyShopsy and for each and every time the marketplace is used.
2.2 By registering and accepting these Vendor Terms & Conditions, you agree to the terms and conditions contained herein. If you do not agree to accept these Vendor Terms & Conditions, you may not become a registered vendor of MyShopsy and will not be able to access or otherwise use the services provided by the MyShopsy.
2.3 Once you have successfully registered a vendor account via our site, you will be assigned a username and password for login access to your account. This username and password will allow you to manage your vendor account and you will be able to upload your product items to the online marketplace. By doing this you grant us a licence to use, copy, communicate, display and publish your content via MyShopsy website and the MyShopsy Social Marketing Profiles for the purposes of these Vendor Terms & Conditions.
2.4 Nothing shall prevent us from entering the same or similar arrangements with anyone else or other members or vendors.
2.5 MyShopsy is committed to quality product items and reserves the right to refuse membership if the vendor’s products do not meet the standard required.
ELIGIBILITY FOR REGISTRATION
3.1 Registration to MyShopsy website is available only to, and may only be used by individuals, companies or other legal persons who can form legally binding contracts under applicable law. Without limiting the foregoing, registration is not available to persons under the age of 18 years. If you do not qualify, please do not attempt to register with MyShopsy.
3.2 You will need your username and password to access your account. You are responsible for all activity that takes place under, or by reference to, your user account, username or password (including, without limitation, all activity and transactions conducted within your marketplace store and via PayFast or SnapScan). It is your responsibility to maintain the confidentiality of your password and username (and any other security information related to your account) and if you become aware of any unauthorized use using your password or account, you must notify us immediately at: Contact Us
3.3 In the process of activating your account to become a registered vendor, you must provide personal information such as your name, address and an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereof.
YOUR VENDOR ACCOUNT
4.1 You shall ensure that your vendor account, all activity and transactions conducted within your marketplace store, and the provision of goods, services, directory listings or advertising material from or via your vendor account or your marketplace store by you, shall:
(a) Be conducted with due care and skill, in a proper and professional manner consistent with best industry practices.
(b) Be compliant with all relevant laws, industry codes and standards and not infringe any third party rights.
(c) Not transmit, or be associated with, any unlawful, harassing, libellous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
(d) Not interfere or attempt to interfere with the proper working of MyShopsy, our site or the use of our site by anyone else (including, without limitation, users, other registered vendors and other marketplace stores).
4.2 Without limiting clause 4.1, you shall ensure (where relevant) that:
(a) All transactions conducted via your vendor account and your marketplace store are done so in accordance with binding and enforceable terms and conditions of sale and delivery and returns policies (which are clearly visible, to the user, on or via your marketplace store, which as a minimum shall be visibly brought to the attention of users of your marketplace store prior to the time of entering into any purchases or other transactions via your marketplace store).
PRICING & COMMISSION
5.1 Registration will be enabled to all vendors that signup and pay for one of the paid membership package options.
5.2 MyShopsy charges a transaction fee of 4,5% on all items that are sold via the marketplace.
5.4 All vendor payments are made within 7 days of successful delivery to the client.
5.5 MyShopsy reserves the right not to make any payout should any orders not be fulfilled or should a dispute arise from a sale made by a vendor.
FRAUD OR SCAM
6.1 By using the MyShopsy website, you agree that we, and our directors, officers, employees and agents, are not responsible for any losses arising from fraud, or scams, including, without limitation, where such fraud or scams arise as a result of any conduct or transactions with buyers or customers within the MyShopsy site.
6.2 We may suspend access to your account on the MyShopsy website immediately, at any time without giving you notice, if we believe there are security concerns related to your account or the Marketplace site.
LISTING AND SELLING
7.1 You must be legally able to sell the item(s), listings or materials you list for sale or advertise on our Marketplace site.
7.2 You must describe your item(s), all shipping and refund policies, prices, weight and any other content, listings or advertising material accurately and in conformity with our guidelines.
7.3 We reserve the right to remove any of your content, listings, advertising material or listed item(s) if we determine in our reasonable discretion is non-compliant with any of these Vendor Terms & Conditions.
8.1 Only items that can be sold or provided without infringing any laws can be sold or provided on the MyShopsy site. We place certain restrictions on the types of items offered for sale on our website. The following prohibited goods or services shall not be listed on our website: pornography, narcotics, gambling and hazardous materials.
TRANSACTIONS BETWEEN BUYERS AND VENDORS
9.1 We do not guarantee or provide any warranty or assurance that customers or users will transact with you via the MyShopsy site, nor do we warrant the customers’ or users’ reliability, legitimacy, repute, credibility, ability or willingness to pay you or complete a transaction. Therefore, you are encouraged to verify the details and credit-worthiness of those customers or users to whom you transact or contemplate transacting with.
9.2 We are not involved, nor do we assume any risk, in the actual transaction and interaction between you and your customers and the enforcement of any such transaction (whether or not with the MyShopsy site or PayFast or SnapScan account), and to the extent permitted by law, we specifically disclaim all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your transaction and interaction.
CONFIDENTIALITY AND INTELLECTUAL PROPERTY
10.1 Save as required by law, you shall keep in strict confidence and shall not disclose any confidential information relating to us which you obtain during or arising out of these Vendor Terms & Conditions or use of the MyShops site, to anyone (except to its advisors or employees).
10.2 We are the owner or the licensee of all intellectual property rights (including, without limitation, trade marks and copyright) in our MyShopsy site, our PayFast and SnapScan account, and our site (including, without limitation, the look and feel, brands, logos and trade marks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organization thereof, and all intellectual property rights contained therein). All of our intellectual property shall remain vested in us and nothing herein shall grant you or anyone else any right, title or interest in same.
10.3 You recognize that we have access to all vendor account administration areas and we retain the right to use information contained therein for our business purposes.
11.1 These Vendor Terms & Conditions may be terminated by us, wholly or partly, in our absolute discretion, at any time. Such termination will have the effect of immediately discontinuing your rights, benefits, access and exposure in relation to MyShopsy, your marketplace store and your account.
11.2 Registration is a privilege, not an entitlement, and we may change our website and suspend, terminate or restrict your registration at any time if we believe there has been a breach of these Vendor Terms & Conditions (or any documents referenced therein). In the event that we change our website, suspend, terminate or restrict your registration in the circumstances outlined herein, you may not be able to access our website temporarily or permanently and you are prohibited from applying for a new account.
LIABILITY AND DISCLAIMERS
12.1 We exclude all liability whatsoever to you (or anyone else) arising out of or in any way connected with these Vendor Terms & Conditions and your marketplace store for any pure economic loss, loss of profits or savings (actual or anticipated), loss of income, loss of business, loss of opportunity, depletion of goodwill, (in each case whether direct, indirect or consequential), or any claims for consequential, special, incidental or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence or other tort. Without limiting foregoing, you agree that in no event shall our maximum aggregate liability exceed the price paid by you in the preceding 3 months.
12.2 You acknowledge that MyShopsy or our site may publish commentary and ratings related to your vendor account and your goods/services from users who have purchased such goods/services. We do not moderate, screen or edit such commentary or ratings, nor shall we be responsible for any such commentary or ratings.
12.3 We do not warrant that any of the functionality of the MyShopsy site, or your ability to access to your account or transact with customers or users, will be uninterrupted or error free. While we do take reasonable measure to protect your account from computer viruses or other defects, it remains your responsibility to protect your vendor account, software and systems by installing and implementing your own security and system checks such as using up-to-date anti-virus, firewall and anti-spyware software.
12.4 You shall indemnify us, our directors, employees and officers from all actions, claims, suits, demands, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to: (a) use of the MyShopsy Portal; (b) availability, performance and reliability of your vendor account; (d) breach of these Vendor Terms & Conditions.
NATURE OF RELATIONSHIP
13.1 Nothing herein is intended to, or shall operate to, create a partnership, agency or joint venture between you and us.
13.2 We are not a reseller or auctioneer (or similar) of your products or services and we are merely a facilitator in procuring an opportunity for you to provide your products or services to a user or customer via your marketplace store. The provision of your products or services to users or customers is effected at your sole and entire risk.
14.1 We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, war or national emergency, acts of terrorism, fire, explosion or flood.
14.2 We reserve the right to amend these Vendor Terms & Conditions at any time. Notice of changes to these Vendor Terms & Conditions will be communicated to you in advance and following such changes you may be asked to confirm your acceptance. All changes will be effective immediately upon their implementation. You agree that by accessing or using the Marketplace Portal without any objection following such communication, constitutes your acceptance of the revised terms.
14.3 Any failure by us to exercise or enforce any one or more of our rights under these Vendor Terms & Conditions will not constitute a waiver of such rights unless such waiver is granted by us in writing.
14.4 These Vendor Terms & Conditions and any dispute or claim arising out of it shall be governed by and construed in accordance with laws of South Africa.