VENDOSHOP WEBSITE TERMS OF USE

Our website address is: www.vendoshop.co.za

Thank you for visiting Vendo. It is our mission to create a safe and trusted marketplace for the people and businesses of South Africa.

Please read this Terms and Conditions (V1.1), providing consent to document in order to have permission to use our services.

THE FINEPRINT

1. INTRODUCTION

1.1   Simpil Solutions (Pty) Ltd (registration number 2019/312547/07, (“Vendoshop”, “we”, “our” or “us”) operates an e-commerce platform, called Vendoshop, as a virtual marketplace, where registered Vendors can advertise and sell their products or services (“Vendor Products”) to registered Shoppers.

 

1.2 The Vendoshop platform is currently operated and accessible through our website – www.Vendoshop.co.za (“the Platform”).

 

1.3  These general terms and conditions (“Vendoshop Terms”), together with all Vendoshop Policies and any Vendor’s terms and conditions (collectively referred to “this Agreement”) constitute a binding and enforceable legal contract between the user and Vendoshop in relation to the use of the Platform and Services.  By using our Platform, you accept these Vendoshop Terms in full. If you disagree with the Vendoshop Terms or any part thereof, you must not use our Platform. By using our Platform, you confirm your acceptance of all the Vendoshop terms.

 

1.4   If you use the Platform as an employee or representative of another person or legal entity, then by so doing you:

1.4.1  confirm that you have obtained the necessary authority to agree to this Agreement;

1.4.2  bind both yourself and the person, company, employer or entity, to this Agreement; and

1.4.3   agree that “you” in this Agreement will reference both the individual user and the relevant person, company, employer or legal entity – unless the context requires otherwise.

1.5 Accepting the terms of this Agreement and your use of the Platform and related Service, must not be construed to mean the creation of any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Parties.

 

 

2. REGISTRATION FOR A VENDOSHOP ACCOUNT

2.1 You can only use our Platform, if you register for a Vendoshop account (“Account”). You can register for an Account that will enable you to advertise, sell and deliver Vendor Products (“Vendor”) or for an Account that will enable you to purchase and receive such Vendor Products (“Shopper”).

 

2.2  You can register for an Account by completing and submitting the relevant registration form on our Platform. You represent and warrant that all information provided in the registration process is complete, up to date and accurate.

 

2.3   You may not register for an Account if you are under 18 years of age. By registering for an Account and using our Platform, you warrant and represent to us that you are at least 18 years of age.

 

2.4   Vendoshop may reject an application to open an Account, or cancel an existing Account, for any reason, in our sole discretion.

 

2.5   As part of the Account registration process, you will be asked to provide an email address/user ID and password (“Login Details”) and you agree to:

2.5.1   keep your Login Details confidential;

2.5.2   notify us immediately, in writing, if you become aware of any disclosure of your Login Details;

2.5.3  be responsible for any activity on our Platform arising out of any failure to keep your Login Details confidential, and that you may be held liable for any losses as a result of such a failure.

2.6  You alone will use your Account.  You will not transfer your Account to any third party or authorize any third party to use your Account on your behalf. If you do, you do so entirely at your own risk.

 

2.7 We may suspend or cancel your Account, and/or edit your Account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any Vendor Products you have paid for but not received, and you have not breached the Vendoshop Terms, we will refund you in respect of the same.

 

2.8  You may cancel your Account at any time by contacting us, using the details provided on our Platform.

 

3.   DURATION OF VENDOSHOP ACCOUNT AND AGREEMENT

3.1    If we permit the registration of an Account on our Platform, it will, subject to the Vendoshop Terms, remain open indefinitely or until:

3.1.1  You cancel your Account;

3.1.2  We close or suspend your Account because of your breach of any of the terms of this Agreement.

3.1.3  We reserve the right to terminate this Agreement, and/or close your Account at any time, with or without cause, at our sole discretion and with or without any notice.

3.2   Upon termination of this Agreement or closure of your Account –

3.2.1   Vendoshop will cease providing you with the Services;

3.2.2   You will no longer have access to your Account;

3.2.3  Any outstanding balance owed to Vendoshop will become due and payable in full;

3.2.4  The Vendor Site will be taken offline;

3.2.5   Vendoshop may delete your archived data within 30 days after completion of termination;

3.2.6  All sections of this Agreement that by their nature should survive termination will survive termination.

 

4.   OPENING AND OPERATING OF A VENDOR ACCOUNT

4.1  A Vendor Account will allow you to have a customised Vendor Site on the Vendoshop virtual marketplace where you can list your Vendor Products for sale. Your Vendor Site will allow Shoppers to view, purchase and pay for your Vendor Products.

 

4.2     As a Vendor you can offer any product on your Vendor Site and upload the necessary content (“Vendor Content”) to market and sell those Vendor Products, provided that all Vendor Products and Vendor Content complies with our Vendor Content Policy, as amended from time to time.

 

4.3   Vendors will be solely responsible for the safe delivery of Vendor Products purchased on the Platform and for all costs relating to such delivery.

 

4.4   Vendors will ensure that –

4.4.1  they are legally entitled to sell the Vendor Products on their Vendor Site;

4.4.2    they are the owners or have all the necessary rights to any Vendor Content uploaded to their Vendor Site;  and

4.4.3  Their selling of Vendor Products and use of Vendor Content will in no way infringe on the rights of any third party.

4.5  Vendoshop will not be liable to any third party, in any way for any breach by the Vendor of this clause 4.4 and the Vendor specifically indemnifies Vendoshop against any claim that may be brought for the Vendor’s breach of this clause.

 

4.6    Vendoshop reserves the right to remove any Vendor Products or Vendor Content from any Vendor Site and the Platform in its sole discretion.

 

4.7   Vendoshop takes no responsibility and assumes no liability for any Vendor Product or Vendor Content.

 

4.8  The Vendor Content remains the property of the Vendor and except for the limited rights set out in this Agreement that enable us to provide, improve, promote and protect the Vendoshop Services, we do not claim any intellectual property over any Vendor Content.

 

4.9   The Vendor grants Vendoshop:

4.9.1  a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, and distribute Vendor Content for the limited purposes of allowing Vendoshop to provide, improve, promote, and protect the Service.

4.9.2  the right and license to use any version of the Vendor Site, or any portion thereof, including and without limitation, names, trademarks, service marks, or logos on the Vendor Site, for the limited purposes of Vendoshop’s Services

4.10    You grant Vendoshop full access to your Vendor Content, in order for us to perform our Services.

 

4.11   Vendors will take all necessary precautions to safeguard and will be responsible for the processing and using of any Personal Information of Shoppers using the Vendor’s Site to purchase Vendor Products.

 

 

 

5.   THE ROLE OF VENDOSHOP AND OUR RIGHTS

5.1   Vendoshop’s role is that of an intermediary in the form of an online marketplace and is limited to managing the Platform to enable Vendors to exhibit, advertise, display, make available and offer to sell the Vendor Products and to enable Shoppers to purchase the Vendor Products so offered, and other incidental services to facilitate the transactions between Vendors and the Shoppers.

 

5.2    Vendoshop will provide the following services (“the Services”):

5.2.1   Facilitating the Platform;

5.2.2   Processing of payments for Vendor Products;

5.2.3  Assisting Vendors to design, upload, and setup their Vendor Sites.

5.3   The Platform and Services are offered as is, and we make no express or implied warranties of any kind related to this Platform or the Services or materials contained on this Platform and you use the Services entirely at your own risk. Additionally, nothing contained on this Platform will be construed as providing legal or any other kind of advice to you.

 

5.4 Vendoshop –

5.4.1   does not confirm the identity of any Website user, Vendor or Shopper or check their credit worthiness or in any other manner vet them;

5.4.2   does not check, audit or monitor all information contained in Vendor listings;

5.4.3    is not a party to any contract for the sale or purchase of any product or service advertised on our Website;

5.4.4   is not involved in any transaction between a Vendor and a Shopper in any way, except for providing the Services;

5.4.5  does not act as an agent for any Vendor or Shopper;

5.4.6   will not under any circumstance be liable to any person in relation to the offer for sale, sale or purchase of any Vendor Product advertised on our Platform;

5.4.7  is not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Vendor Product listed on our Platform;

5.4.8  has no obligation to mediate between the parties to any such contract.

5.5  Vendoshop does not warrant or represent:

5.5.1  the completeness or accuracy of any information published on our Platform;

5.5.2  that the material on the Platform is up to date;

5.5.3   that the Platform will operate without fault;

5.5.4   that the Platform or any related service will remain available;

5.5.5   The legality or quality of any Vendor Product.

5.6  Vendoshop reserves the right to discontinue or alter any or all of our Services, and to stop publishing our Platform, at any time in our sole discretion, without notice or explanation. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Vendoshop Services, or if we stop publishing our Platform.

 

5.7  We do not guarantee any commercial results concerning the use of our Platform.

 

5.8  Vendoshop reserves the following rights, which may be exercised at any time and in its sole discretion, and without liability of notice to any user.  We may:

5.8.1   Refuse to make the Platform or Service available to anyone for any reason at any time; 

5.8.2  Change parts or all of the Platform or Services and their functionality;

5.8.3   Suspend or discontinue parts or all of the Platform or Service;

5.8.4    Terminate, suspend, restrict or disable a user’s access to or use of parts or all of the Platform or Service;

5.8.5   Terminate, suspend, restrict or disable access to any Account or parts or all of a Vendor Site;

5.8.6   Remove Vendor Content and suspend or terminate an Account if we determine in our sole discretion that the Vendor Products offered via the Vendor Store, violate any law or terms of this Agreement;

5.8.7  Provide the Platform or Service to your competitors and make no promise of exclusivity in any particular market segment;

5.8.8   Change the eligibility criteria to use the Platform or Service.

 

6.   CONTRACT OF SALE

6.1                         Vendoshop provides an online location for Vendors to sell and Shoppers to purchase Vendor Products. When a Shopper buys any product or service on the Platform, a contract of sale is established between the Shopper and the relevant Vendor. The contract of sale comes into force upon the Shopper’s confirmation of purchase via the Platform. At this point the Shopper is committing to buy the relevant Vendor Product and the Vendor commits to selling that product to the Shopper.

 

6.2                         The contract of sale is a two-way contract between the Vendor and the Shopper. At no time will Vendoshop have any obligations or liabilities in respect of such contract nor will Vendoshop hold any title in any of the Vendor Products.

 

6.3                         The Vendor’s terms will govern the contract of sale, subject to these terms and conditions. Notwithstanding anything to the contrary, the following provisions will be part of the contract of sale –

6.3.1                   the price for a product or service will be as stated in the relevant listing on the Platform;

6.3.2                   the price for the product will include all taxes;

6.3.3                   the price will comply with applicable laws in force from time to time;

6.3.4                   all charges relating to delivery, packaging, handling, insurance or any other related costs and charges, will only be payable by the Shopper if this is expressly and clearly stated in the relevant listing;

6.3.5                   Vendor Products must be of satisfactory quality, fit and safe for the purpose specified in, and conform in all material respects to, the product listing and any other description of the Vendor Products supplied or made available by the Vendor to the Shopper; and

6.3.6                   the Vendor warrants that it has good title to, and is the sole legal and beneficial owner of the Vendor Products or service, and that these Vendor Products are not subject to any third-party rights or restrictions or any pending legal proceedings.

 

 

7.  FEES AND PAYMENTS TO VENDORS

7.1                         There are no once-off or recurring fees for using the Vendoshop Service. Registration and setting up of Vendor and Shopper Accounts are free.

 

7.2                         A Transaction Fee, as set out in the Vendor Payment Policy will be deducted automatically from every payment made by a Shopper when a Vendor Product is purchased on the Platform.

 

7.3                         Payments to Vendors for Vendor Products purchased on the Platform will be done in accordance with the Vendor Payment Policy;

 

7.4                         We will only make payments to a Vendor subject to confirmation of payment received from the Shopper to Vendoshop. The Vendor payment is typically net of the service fee charged by us for our Services and after deduction of applicable withholding taxes (if any).

 

8.   RETURNS AND REFUNDS

Returns of Vendor Products and refunds for returned Vendor Products or unsatisfactory services by Shoppers will be done in accordance with the Vendoshop Returns and Refund Policy available on the Platform, as may be amended from time to time. Acceptance of returns and payment of refunds will be handled in our final discretion, subject to compliance with any relevant laws.

 

9.   GENERAL USE OF OUR PLATFORM

9.1                         You may only use our Platform as set out in this paragraph.

 

9.2                         You will only use our Platform for the promotion or selling of your Vendor Products or for purchasing such Vendor Products.

 

9.3                         Except as is expressly allowed in these terms and conditions, you must not download any material from our Platform or save any such material to your computer.

 

9.4                         You may only use our Platform for your own personal or business purposes in respect of selling or purchasing Vendor Products on the Platform.

 

9.5                         Except as expressly permitted by the Vendoshop Terms, you must not edit or otherwise modify any material on our Platform.

 

9.6                         Unless you own or control the relevant rights in any material on our Platform, you will not:

9.6.1                   republish or redistribute material from our Platform;

9.6.2                   sell, rent or sub-license material from our Platform;

9.6.3                   show any material from our Platform in public;

9.6.4                   exploit material from our Platform for any commercial purpose; or

9.7                         Notwithstanding section 9.6, you may forward links to Vendor Products on our Platform and redistribute any of our newsletters and promotional materials in print and electronic form to any person.

 

9.8                         We reserve the right to suspend or restrict access to our Platform or to any area or functionality of our Platform. You will not circumvent or bypass, or attempt to circumvent or bypass, any suspension or restriction.

 

9.9                         You will not:

9.9.1                   use our Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability, accessibility, integrity or security of the website;

9.9.2                   use our Platform in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

9.9.3                   hack or otherwise tamper with our Platform;

9.9.4                   probe, scan or test the vulnerability of our Platform without our permission;

9.9.5                   circumvent any authentication or security systems or processes on or relating to our Platform;

9.9.6                   use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

9.9.7                   reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Platform;

9.9.8                   impose an unreasonably large load on our Platform resources (including bandwidth, storage capacity and processing capacity);

9.9.9                   decrypt or decipher any communications sent by or to our Platform without our permission;

9.9.10                conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform without our express written consent;

9.9.11                access or otherwise interact with our Platform using any robot, spider or other automated means, except for the purpose of search engine indexing;

9.9.12                use our Platform except by means of our public interfaces;

9.9.13                violate the directives set out in the robots.txt file for our Platform;

9.9.14                use data collected from our Platform for any direct marketing activity; or

9.9.15                do anything that interferes with the normal use of our Platform.

 

10.  THIRD PARTY SERVICE PROVIDERS

10.1                     Vendoshop uses third party payment providers to receive payments from the Shoppers on Vendors’ behalf. While we take the utmost care to work with third party payment providers, we do not control their systems, processes, technology and work flows, hence cannot be held responsible for any faults, delays or erroneous transaction execution or cancellation of orders due to payment issues.

 

10.2                     We have entered into arrangements with one or more third parties for hosting services that are essential to the Platform and Services, and without which the Platform and Services could not be provided to users.  We have no control over these third-party hosting service and make no guarantees in this regard and will under no circumstances be held liable for any loss or damage a user may suffer as a result of any kind of failure by any third-party hosting service.

 

10.3                     For its own operational efficiencies and purposes, Vendoshop may from time to time back up data on its servers, to third party servers but is under no obligation or duty to any Account holder to do so. Under no circumstances will Vendoshop be liable to an Account holder or any third party for damages of any kind, for loss of files or data on any Vendoshop or third party server.

 

11.  PRIVACY OF INFORMATION

11.1                     You agree to processing of your personal information in accordance with the terms of Vendoshop’s Privacy Policy which is available on the Platform, as amended from time to time.

 

11.2                     We will process all personal information obtained through the Platform and related Services in accordance our Privacy Policy.

 

11.3                     Vendors will be directly responsible to Shoppers for any misuse of their personal information and Vendoshop will bear no liability to Shoppers in respect of any misuse by Vendors of their personal information.

 

12.               TRADEMARKS AND COPYRIGHT

12.1                     Subject to the express provisions of the Vendoshop Terms, we, together with our licensors, own, control and reserve all the copyright and other intellectual property rights in our Platform and all the material on our Platform.

 

12.2                     Our logos and our other registered and unregistered trademarks are logos and trademarks belonging to us and we give no permission for the use of any of these logos or trademarks. Using any of our logos or trademarks without our express consent may constitute an infringement of our rights.

 

12.3                     Any third party registered and unregistered trademarks or service marks on our Platform are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

 

13.               VENDOSHOP’S INTELLECTUAL PROPERTY

13.1                     All rights, title and interest in and to the Platform and Services, including any Intellectual Property, and all modifications, enhancements and updates thereto, are owned by Vendoshop and are protected by copyright, trade secret, trademark, and other South African laws.

 

13.2                     This Agreement does not grant any user any right, title, license or interest in the Platform, Services, other Vendor’s Vendor Content, Vendoshop’s trademarks, logos or other brand features or Intellectual Property or trade secrets of others’ content on the Services, other than the right to use the Platform or Services, for as long as the user is an Account holder.

 

13.3                     No user may use, imitate, change, modify, translate, copy or otherwise create derivative works of the Platform, Services, or Vendor Content, without, our prior written consent.

 

13.4                     There are no implied rights, and all rights not expressly granted by Vendoshop to the user in these terms are hereby reserved by Vendoshop.  Nothing in this Agreement constitutes an assignment or waiver of any of our intellectual property rights under any law.

 

13.5                     Users agree that Vendoshop may use their feedback, ideas, opinions, recommendation, advices, and suggestions in connection with the use of the Platform or Service, without any restriction or obligation to the user, even after this Agreement is terminated. 

 

14.   LIMITATIONS AND EXCLUSIONS OF LIABILITY

14.1                     The limitations and exclusions of liability set out in this section and elsewhere in the Vendoshop Terms:

14.1.1                are subject to section 14.6; and

14.1.2                govern all liabilities arising under the Vendoshop Terms or relating to the subject matter of the Vendoshop Terms, including liabilities arising contractually or delictually (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Vendoshop Terms.

14.2                     In respect of the Services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

 

14.3                     Our aggregate liability to you in respect of any contract to provide services to you under the Vendoshop Terms will not exceed the total amount paid and payable to us under the contract. Each separate transaction on the Platform will constitute a separate contract for the purpose of this section 14.3.

 

14.4                     Notwithstanding anything to the contrary in this Agreement, we will not be liable to you for any loss or damage of any nature, including in respect of:

14.4.1                any losses occasioned by any interruption to or dysfunction of the Platform;

14.4.2                any losses arising out of any event or events beyond our reasonable control;

14.4.3                any loss or corruption of any data, database or software; or

14.4.4                any special, indirect or consequential loss or damage.

14.5                     Our Platform includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14.6                     Nothing in the Vendoshop Terms will:

14.6.1                limit any liabilities in any way that is not permitted under applicable law; or

14.6.2                exclude any liabilities or statutory rights that may not be excluded under applicable law.

 

15.    INDEMNIFICATION

 

15.1                     You hereby indemnify us, and undertake to keep us indemnified, against:

15.1.1                any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Platform or any breach by you of any provision of the Vendoshop Terms or any of the Vendoshop Policies contained on our Platform;

15.1.2                any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our Platform, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

 

16.  BREACH

 

16.1                     If you breach any of the Vendoshop Terms, or if we reasonably suspect that you have breached the Vendoshop Terms or any Vendoshop Policies in any way we may, without prejudice to any of our legal rights:

16.1.1                temporarily suspend your access to our Platform;

16.1.2                permanently prohibit you from accessing our marketplace;

16.1.3                block computers or other devices using your IP address from accessing our Platform;

16.1.4                contact any or all of your internet service providers and request that they block your access to our Platform;

16.1.5                suspend or delete your Account; and/or

16.1.6                commence legal action against you, whether for breach of contract or otherwise.

16.2                     Where we suspend, prohibit or block your access to our Platform or a part thereof, you will not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account to access our Platform.)

 

17. NOTICES AND ELECTRONIC COMMUNICATION

17.1                     You consent to receive electronically any communication from Vendoshop, which communication may take the form of –

17.1.1                emails to you addressed to the email address specified in the User’s Account;

17.1.2                posting notices on the Platform (by means of a banner or pop-up), or through any other means including any phone number or physical address provided to us.

17.2                     You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your Account application.

 

17.3                     Notices that need to be sent to us in terms of this Agreement must be sent to Vendoshop using the email address:  admin@vendoshop.co.za or delivered by hand to:  31 Boschendal Street, Van Riebeeckshof, Bellville, 7530.

 

17.4                     Any notice to be served by either party to the other must be in writing and will be sent by email or delivery by hand to the relevant party as set out above.

 

17.5                     Email notices will be deemed to have been served if there is proof that it was sent to the correct email address no return email stating that the email cannot be delivered is received. Notices delivered by hand will be deemed to have been received on the same day as set out on any proof of delivery.

 

17.6                     You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically, satisfy any requirements that such communication be in writing.

 

17.7                     All notices from Vendoshop intended for receipt by you will be deemed to have been delivered when sent to the email address provided to us, or deemed to be received and effective within 48 hours after a notice was published on our Platform.

 

18.  DISPUTES

 

18.1                     If there are any disputes relating to the use of the Platform or in terms of the Vendoshop Terms,  you or us must follow the procedure for resolving any such dispute in accordance with this clause 18 before starting any proceedings (except proceedings seeking urgent interlocutory relief).

 

18.2                     The procedure for resolving a dispute is as follows:

18.2.1                first, either you or us must may give notice to the other about the nature of the dispute (” Notice”) and both parties will seek to negotiate a settlement within 14 working days of receipt of the Notice;

18.2.2                second, to the extent those negotiations fail, either party may seek, within a further 7 days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator will be appointed by AFSA Secretariat and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and

18.2.3                failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.

 

19.LEGAL COSTS

You will  be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.

 

20.    GOVERNING LAW

The Vendoshop Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of any competent court located in Cape Town, in the event of a dispute.

 

21.   ASSIGNMENT

21.1                     You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Vendoshop Terms.

 

21.2                     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Vendoshop Terms.

 

22.  THIS AGREEMENT

22.1                     The Vendoshop Terms and any Vendoshop Policies (and in respect of Vendors, the Vendor’s terms and conditions) will constitute the entire agreement between you and us in relation to your use of our Platform and will supersede all previous agreements between you and us in relation to your use of our Platform.

 

22.2                     The following Vendoshop Policies mentioned throughout this Agreement are incorporated into this Agreement by reference:

22.2.1                Privacy Policy;

22.2.2                Vendor Content Policy;

22.2.3                Vendor Payment Policy;

22.2.4                Vendoshop Returns and Refund Policy

22.3                     In the event that any of the Vendoshop Terms, the Vendor’s terms and conditions, and the Vendoshop Policies are in conflict, these terms and conditions, the Vendor’s terms and conditions and the Vendoshop Policies will prevail in the same order as stated here.

 

22.4                     We may revise the Vendoshop Terms, the seller terms and conditions, and the Vendoshop Policies from time to time. The revised general terms and conditions or policies will apply from the date of publication on the Platform.

 

22.5                     No waiver of any provision of the Vendoshop Terms, will be binding on or effective against Vendoshop unless it is given in writing and signed by a duly authorised representative of Vendoshop.  Such waiver will only be effective only in the specific instance and for the specific purpose for which given. 

 

22.6                     If any provision of the Vendoshop Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of the Vendoshop Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect.