Terms and Conditions

 

1. INTRODUCTION

• Both the Application and the Website (collectively the “Platform”) through which
  the Services are provided are operated and/or owned by 3J Media (Pty) Ltd t/a BuyMyStuff (BMS) (bearing
  registration number: 2019/066010/07) (hereinafter referred to as “3J Media”, “we”, “our” or “us”). The
  User Terms are entered into by and between 3J Media and the User. Any reference to “3J Media”, “we”,
  “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders,
  affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service
  providers and suppliers.
• The User Terms, including any document incorporated by reference herein,
  including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to the User making
  use of the Services.
• By utilising the Services after the Effective Date this will signify that the User
  has read, understands, accepts, and agrees to be bound, and is bound, by these User Terms in such User’s
  individual capacity and/or for and on behalf of any entity that utilises the Services. Further, the User
  represents and warrants that it has the authority to do so and that in the case of a User being a
  natural person, the User is a Competent Person (as defined in the Protection of Personal Information
  Act, 4 of 2013, as amended).
• To the extent permitted by applicable law, 3J Media may modify the User Terms with
  prospective effect without prior notice to a User, and any revisions to the User Terms shall be noted
  within such User Terms and will take effect when posted on the App or Website, unless a later date is
  otherwise stated in the revised Terms. 3J Media will however use its best endeavours to email any such
  amendments to the User Terms to the User prior to same coming into effect. A User’s continued use of the
  Services will be construed as the User consenting to the amended or updated Terms, and will be
  conditional upon the User Terms in force at the time of use. The User’s only remedy, should such User
  not agree to these User Terms, is to no longer make use of the Services.
• 3J Media does not accept any User, or representatives of a User under the age of
  majority or who otherwise do not have the relevant capacity to be bound by the User Terms, unless such
  User has, through their parent or guardian, consented to the terms hereof.

2. INTERPRETATION

In these Terms:

• clause headings are for convenience purposes and are not to be used in its
  interpretation;
• unless the context indicates a contrary intention, an expression which denotes:
• any gender includes the other gender;
• a natural person includes a juristic person and vice versa;
• the singular includes the plural and vice versa;
• the following expressions bear the meanings assigned to them below and cognate
  expression bear corresponding meanings;
• “3J Media” means shall mean 3J Media
  (Pty) Ltd t/a BuyMyStuff (Registration No: 2019/066010/07), a private company incorporated in
  accordance with the company laws of South Africa, having its registered place of business at 3 Mini
  Street, Newcastle, Kwa-Zulu Natal, 2940. Email address: info@buymystuff.app;
• “Application” shall mean the software
  application which a User may subscribe to through the Website in respect of the rendering of the
  Services;
• “Buyer” means a person who purchases
  Goods from the Seller through the Platform;
• “Commencement Date” means the date on
  which the User registers on the Platform;
• “Content” means the description of the
  Goods, photographs of the Goods, a video of the Store together with the Goods; name/description of
  the Goods, price of the Goods, available quantity of the Goods; condition of the Goods (i.e. new,
  pre-used and the like), size of the Goods, colour of the Goods, brand name of the Goods, weight and
  dimensions of the Goods, together with any additional information that the Seller would like to
  include;
• “Goods” means the products and/or
  services made available to the Buyer by the Seller through the Platform;
• “Party” or “Parties” means 3J Media or the User (Buyer or Seller), or both,
  as the context implies;
• “Platform” shall comprise both the
  Application and the Website owned and/or operated by 3J Media as subscribed to by a User;
• “Seller” means the owner of the Store,
  who makes Goods available for purchase by Buyers through the Platform;
• “User Terms” means these User Terms and
  Conditions;
• “Services” means the services provided
  by 3J Media to the User as set out in clause 5 below;
• “Store” means the online store created
  on the space made available to the Seller by 3J Media on the Platform, on which the Goods are made
  available to Buyers for purchase;
• “Terms” means the User Terms and
  Privacy Policy collectively, which Privacy Policy may be found at: https://buymystuff.app/;
• “User” means any person/entity that
  makes use of the platform, whether as a Seller or Buyer, or both; and
• “Website” means the Website as owned,
  hosted and managed by 3J Media, and which Website may be found at: https://buymystuff.app/. Any
  reference to the Website shall automatically include the Application.
• If any provision is a substantive provision conferring rights or imposing
  obligations on either Party, notwithstanding that it is only in the definition clause, effect will be
  given to it as if it were a substantive provision in the body of the Terms.
• Words and expressions defined in any clause shall, for the purpose of that clause,
  bear the meaning assigned to such words and expressions in such clause.

3. DURATION AND TERMINATION

• The User Terms shall commence on the Commencement Date and endure indefinitely,
  subject, without prejudice, to the right of either Party to terminate the User Terms on 30 (thirty) days
  written notice to the other Party.
• Notwithstanding the provisions contained in the User Terms, 3J Media shall be
  entitled to terminate the User Terms forthwith on written notice to the User if the User breaches the
  User Terms.

4. ONBOARDING OF A USER

• Only a Seller may make use of the Services insofar as same relate to the creation
  and operation of a Store.
• In registering as a User by signing up through the Platform, the User shall be
  required to provide personal details as well as a Store name should they wish to be a Seller, and upload
  Content in order that a Buyer may purchase Goods should it so wish.
• The User shall further be required to provide certain personal information, as set
  out in the Privacy Policy.

5. SERVICES

• 3J Media shall act as a facilitator between the Seller and the Buyer by:
• permitting the Seller to create a Store on the Platform; and
• permitting the Buyer to browse all Stores in order to locate Goods that it may
  wish to purchase.
• It is specifically recorded that 3J Media shall act only in accordance with the
  Services as set out above and shall not in any manner be involved with or party to any arrangements made
  between the Buyer and the Seller relating to the viewing of Goods outside of the Platform, the
  collection and/or delivery of Goods as well as payment in respect of Goods.
• 3J Media shall further not be held liable, or be seen as an alternative party in
  the event of either the Seller or the Buyer not honouring any of their undertakings timeously,
  correctly, in full or at all.

6. PAYMENTS

• Registration on the Platform shall not attract any fees.

7. WARRANTIES BY THE USER

• 7.1. The User warrants and undertakes that:
• the information as contained on the Platform insofar as it pertains to the
  Content is both true and current;
• it shall not publish or mirror any of this Platform’s material in any media
  whatsoever;
• it shall not use the Platform or the Services for any objectionable or
  unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene,
  scandalous, inflammatory, pornographic, profane or spam material or comments;
• it shall not use the Platform or the Services in any manner that would result
  in any other Buyer or Seller breaching an applicable legislation or licensing obligations (including
  with respect to privacy) or any obligations that a Buyer or Seller may owe to third parties;
• it shall not take any action that imposes an unreasonable or
  disproportionately large load on the Platform infrastructure, including spam or other unsolicited
  mass e-mailing techniques;
• it shall not mislead or deceive others through any act or omission or make a
  false representation about a Buyer or Seller’s identity including the Goods on offer, including the
  impersonation of a real or fictitious person or using an alternative identity or pseudonym;
• it shall not conduct any activity which compromises or breaches another
  party’s patent rights, trademark, copyright or other intellectual property rights;
• it shall not copy, collect or save information about other Sellers or Buyers
  using the Platform;
• it shall not introduce to the Platform or to other Buyers and Sellers using
  the Platform, any virus, worm, trojan horse, malicious code or other program which may damage
  computers or other computer-based equipment and/or software;
• it shall not stalk or harass anyone;
• it shall not attempt to disrupt or interfere with the Services as delivered
  through the Platform;
• it shall not use the details of other Sellers or Buyers for anything other
  than the use expressly permitted by those Buyers or Sellers;
• it shall not download, access, use, harvest or download in bulk other Buyers’
  or Sellers’ details;
• it shall not pass on another Buyer’s or Seller’s details to anyone other than
  the authorised user of that account;
• it shall not remove or alter 3J Media’s copyright notices or other means of
  identification including any watermarks, as they appear on the Platform;
• it shall not use the Services and/or Platform contrary to applicable laws and
  regulations, or in any way may cause harm to the Platform, or to any person or business entity;
• it shall not use the Services and/or Platform to engage in any advertising or
  marketing other than in a manner expressly permitted by the Platform;
• it shall not crawl, spider or scrape the content of the Platform, except to
  the extent required by recognised search engines (e.g. Google) for the purposes of indexing this
  Platform; and
• 7.1.19. it shall not provide unauthorised interfaces to the Platform.
• The User further warrants and undertakes that:
• the information provided to 3J Media is and shall remain accurate, true and
  correct and that the User will update the information held by 3J Media to reflect any changes as
  soon as possible;
• if registering on the Platform on behalf of any entity that such User will be
  taken to have represented to 3J Media that it has the authority to act on behalf of the entity, and
  that these User Terms will be binding on the User;
• it is not impersonating any person or entity;
• it is not violating any applicable law regarding use of personal or
  identification information;
• it is authorised to create an account on the Platform; and
• it will provide, on demand from 3J Media, verification of such User’s
  credentials in such form as required by 3J Media.
• The User understands and agrees that it is solely responsible for compliance with
  any and all laws, rules, regulations and taxation obligations that may apply to its use of the Services
  and the Platform.
• Certain areas of the Platform are restricted from being accessed by the User, and
  3J Media may further restrict access by the User to any areas of the Platform, at any time, in its
  absolute discretion.

8. WARRANTIES BY 3J MEDIA

• The Platform and Services are provided “as is,” with all faults, and 3J Media
  expresses no representations or warranties, express or implied, statutory or otherwise, including but
  not limited to warranties of merchantability, title, fitness for a particular purpose or
  noninfringement.
• Without limiting the generality of the foregoing, 3J Media makes no warranty that
  the Platform and/or Services will meet a User’s requirements, or that the Platform and/or Services will
  be uninterrupted, timely, secure, error free or that defects in the Platform will be corrected.
• 3J Media cannot guarantee or warrant that any file downloaded from the Platform or
  delivered to a User will be free of infection or virus, worms, trojan horses or other code that has
  contaminating or destructive qualities. The User is responsible for implementing appropriate processes,
  systems and procedures to circumvent this type of issue.
• 3J Media cannot be held liable for any inaccurate information contained on the
  Platform, other than its own information.

9. CONFIDENTIALITY

• Confidential information means any documents or information created, received or
  obtained from 3J Media, together with information relating to 3J Media as well as non-public information
  pertaining to 3J Media’s business (including, without limitation any related entities, the identity of
  the Sellers or Buyers, and any content marked confidential or reasonably construed as being confidential
  due to its nature) (“Confidential Information”) which must remain strictly confidential.
• The User may not disclose, solicit, make available or misappropriate any
  Confidential Information, trade secrets or other proprietary information that belongs to any third party
  without that party’s prior written permission, or in violation of any express or implied duty or
  contractual right.
• Where a User is legally required to disclose the Confidential Information, it
  shall inform the third party who disclosed the Confidential Information of the requirement as soon as
  reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential
  Information.
• The User shall notify 3J Media immediately upon becoming aware of a suspected or
  actual breach of the confidentiality obligations herein contained.
• 3J Media will not disclose or make available to any third party, directly or
  indirectly, any User’s Confidential Information, except where 3J Media has the User’s permission, where
  the Confidential Information is already in the public domain (through no breach of the User Terms), in
  furtherance of the User’s use of the Services, to enforce all or any of these User Terms or if legally
  compelled to do so.

10. PROTECTION OF DATA

• 3J Media makes all reasonable efforts to ensure security on its systems. However,
  it cannot guarantee that Personal Information, alternatively any data uploaded onto the Platform may not
  be accessed, disclosed, altered or destroyed by breach of 3J Media’s administrative, managerial and
  technical safeguards. Therefore, 3J Media urges the User to take adequate precautions to protect its
  personal data and login details including never sharing its password with anyone.

11. COPYRIGHTS

• The contents of the Platform are the property of 3J Media. Furthermore, the
  compilation (meaning the collection, arrangement, and assembly) of all content on the Platform is that
  of 3J Media unless credit is attributed to the author thereof, and is, likewise, protected by South
  African and international copyright laws.
• Except as stated in these User Terms, none of the contents of the Platform may be
  copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form
  or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or
  otherwise, except as permitted by the fair use privilege under the South African copyright laws or
  without the prior written permission of 3J Media or the copyright owner, and further, should such
  consent be provided, 3J Media reserves its right to withdraw such consent at any stage, in its sole and
  absolute discretion.
• The User is expressly prohibited to include any hyperlink to any other Website in
  any Content uploaded to the Platform by it.
• The User, in providing a description of the Goods and/or the Store, is prohibited
  from using keywords or repetitive words or words which have no bearing on the Goods and/or the Store
  appearing on the Platform.
• 3J Media does not permit copyright infringing activities and infringement of
  intellectual property rights on the Platform, and may at its sole discretion, remove any infringing
  Content should same infringe on another’s intellectual property rights or its own.
• All trademarks and copyrights, together with any other intellectual property
  rights, in and to any of the content of the Platform, where not evidently that of the User or a third
  party, are the exclusive property of 3J Media.

12. INTELLECTUAL PROPERTY

• The User undertakes not to attempt to decipher, decompile, disassemble or reverse
  engineer any of the software or code comprising or in any way making up a part of the Platform including
  any algorithm used by 3J Media.
• 3J Media owns or is licensed to use all intellectual property on the Platform. A
  User may not use any of 3J Media’s intellectual property for any purpose other than as may be required
  to use the Platform for its intended purpose.

13. CONTENT

• 13.1. The User warrants that
• all rights in and to any Content uploaded by it (including, without
  limitation, all rights to the reproduction and display of such Content) are obtained by the User or,
  alternatively, all necessary rights in and to such Content providing the rights in and to such
  Content have been obtained;
• all necessary license fees, and other financial obligations, of any kind,
  arising from any use or commercial exploitation of the Content have been paid prior to it being
  uploaded to the Platform;
• Content does not infringe the copyright, trademark, patent, trade secret, or
  other intellectual property rights, privacy rights, or any other legal or moral rights of any third
  party;
• it is entitled, in the event of the Content being the property of a third
  party, to receive any payment generated from sales as a result of the uploading of the Content;
• the Content does not incorporate materials from a third-party website, or
  addresses, email addresses, contact information, or phone numbers (other than a Seller’s own
  materials);
• the Content does not contain any viruses, worms, spyware, adware, or other
  potentially damaging programs or files; and
• the Content does not contain any information that may be considered
  confidential, proprietary, or personal insofar as it relates to a third party.
• By submitting the Content, the User grants 3J Media an irrevocable, perpetual,
  transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through
  multiple tiers) to publish feedback, comments and ratings in respect of the Service and use such
  feedback in blogs, features, social media posts, highlights as well as for advertising and promotional
  purposes.
• 3J Media shall not be held liable or responsible for any loss, theft, damage or
  misuse of the User’s Content.

14. LIABILITIES AND INDEMNITIES

• Without limiting the generality of these User Terms, the User hereby indemnifies
  3J Media and shall keep indemnified 3J Media in respect of any cost or expense incurred by 3J Media by
  virtue of a decision made by it to comply on a User’s behalf, with or without a User’s permission,
  arising out of any regulation or law including but not limited to any amendments or deletions which 3J
  Media may make in respect of any Content uploaded onto the Platform by the User.
• Notwithstanding anything to the contrary, in no circumstances will 3J Media be
  liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill,
  data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in
  delict, contract or otherwise.
• 3J Media shall not be liable for delays, interruptions, service failures or other
  problems that may be caused as a result of the use of the internet and electronic devices and
  communications outside of its reasonable control.
• Without limiting the generality of the foregoing, 3J Media makes no warranty that
  the Platform will meet the User’s requirements, or that the Services will be uninterrupted, timely,
  secure, error free or that defects in respect of 3J Media will be corrected, nor that it will be virus
  free.
• The User accepts that access to the Services and the Platform may be restricted on
  occasion due to necessary updates and maintenance being carried out on the Platform.
• Except for any express warranties in these User Terms, the Services and Platform
  are provided on an “as is” basis and used at the User’s own risk.
• 3J Media makes no other warranties, express or implied, statutory or otherwise,
  including but not limited to warranties of title, fitness for a particular purpose or non-infringement.

15. BREACH

• If either Party commits a breach of these User Terms and fails to remedy such
  breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the
  Party giving notice shall be entitled, at its option, either to cancel these User Terms and claim
  damages or alternatively to claim specific performance of all the defaulting Party’s obligations,
  together with damages, if any, whether or not such obligations have fallen due for performance.

16. DISPUTE RESOLUTION BETWEEN 3J MEDIA AND THE USER

• Any dispute which arises between the Parties in respect of these User Terms shall
  require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days
  of the dispute having been raised in writing.
• If the dispute cannot be resolved in accordance with the foregoing, the dispute
  shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa
  (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
• Either Party may demand that a dispute be referred to arbitration by giving
  written notice to that effect to the other Party. This clause shall not preclude either Party from
  obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision
  of the arbitrator.
• The arbitration referred to in clause 16.2 shall be held –
• in Durban, KwaZulu Natal or other venue agreed by the Parties in writing;
• in English; and
• immediately and with a view to its being completed within 21 (twenty-one) days
  after it is demanded.
• The Parties irrevocably agree that the decision in arbitration proceedings:
• shall be final and binding upon them;
• shall be carried into effect; and
• may be made an order of any court of competent jurisdiction.

17. NOTICES AND DOMICILIUM

• The User and 3J Media choose as their respective domicilium citandi et executandi
  for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or
  necessary, the following:
• 3J Media, the address set out in clause 2.3.1 above.
• User: The address as provided when registering on the Platform.
• Both the User and 3J Media may change their domicilium to any other physical
  address or email address by written notice to the other to that effect. Such change of address will be
  effective 7 (seven) days after receipt of notice of change of domicilium.
• Any notice given in terms of these User Terms shall be in writing and shall –
• if delivered via email, on the date of dispatch;
• if delivered by hand, be deemed to have been duly received by the addressee on
  the date of delivery; and
• if delivered by an internationally recognised courier service, be deemed to
  have been received by the addressee 3 (three) business days after dispatch.
• Notwithstanding anything to the contrary contained in these User Terms, a written
  notice or communication actually received by one Party from the other shall be adequate written notice
  or communication to such Party.

18. VARIATION

• No contract varying, adding to, deleting from or cancelling these User Terms, and
  no waiver of any right under these User Terms, shall be effective unless reduced to writing and signed
  by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means
  of email signatures.

19. APPLICABLE LAW AND JURISDICTION

• These User Terms and the relationship between the Parties hereto shall be
  regulated entirely by the laws of the Republic of South Africa and, in the event of a dispute, the
  Parties hereto consent, at 3J Media’s sole and exclusive discretion to the jurisdiction of the
  Magistrate’s Court of South Africa.

20. ENTIRE AGREEMENT

• These User Terms, in conjunction with the Privacy Policy shall constitute the
  entire agreement between the Parties as to the subject matter hereof and no agreements, representations
  or warranties between the Parties regarding the subject matter hereof other than those set out herein,
  are binding on the Parties.

21. ASSIGNMENT

• These User Terms are personal to 3J Media and the User, and the User shall not be
  entitled to assign, transfer, alienate or otherwise dispose of all or any of its rights and/or
  obligations under these User Terms.

FORCE MAJEURE

• If either Party is prevented or restricted directly or indirectly from carrying
  out all or any of its obligations under these User Terms due to third party strikes or lock-outs, server
  downtime, black outs, riots, wars, sabotage, governmental laws, regulations or rulings, acts of God,
  fire, flood and other acts beyond the control of such Party, the Party so affected shall be relieved of
  its obligations hereunder during the period that such event and its consequences continue, but only to
  the extent so prevented and shall not be liable for any delay or failure in the performance of any
  obligations hereunder or loss or damages whether general, special or consequential which the other Party
  may suffer due to or resulting from such delay or failure, provided always that written notice shall
  forthwith be given of any such inability to perform by the affected Party. Either Party invoking force
  majeure shall upon termination of such event giving rise thereto, forthwith give written notice thereof
  to the other Party.
• If the event continues for a period of 30 (thirty) days, either Party may then
  give notice of termination of these User Terms, which termination shall take effect 7 (seven) business
  days after the giving of the notice.

23. PREPARATION

• These User Terms have been custom created for 3J Media by the good folks at Legal
  Legends www.legallegends.co.za.