Welcome to Moafrika Marketplace

Terms & Conditions

The following terms and conditions govern your access to use of the Moafrika Marketplace, including any content, functionality, and services offered on or through www.moafrika.co.za (the ‘Platform’).

Please read the Terms & Conditions carefully before you start using the platform.

By using the platform, registering as a user, opening an account or by clicking, you accept or agree to our Terms & Conditions

when this option is made available to you, you fully accept and agree to be bound by and abide by our Terms & Conditions (and all updates) and our Privacy Policy, found here incorporated herein by reference. If you do not agree to these Terms & Conditions or the Privacy Policy, you must not access or use the platform. This Platform is offered and available to users who are 18 years of age or older.

If you are under 18 years you may not use this Platform or the Moafrika Marketplace Services. By using this Platform, you represent and warrant that you are of legal age to form a binding contract and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Moafrika Marketplace platform. Our Customer Services team is available if you have any questions regarding the platform or Terms and Conditions.

Contacting our Customer Services team can be performed by submitting a request on the contact us form on our website. Moafrika Marketplace may make changes to its Terms & Conditions from time to time and at any time. When these changes are made, Moafrika Marketplace will make a new copy of the Terms & Conditions available on this page.

Key Definitions

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with South African Laws. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the South African courts.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

Moafrika Marketplace provides an online social marketplace for individuals and all types of businesses providing services and product, and potential Customers who are in need of their products & services.

Commissions, Fees, Payment Terms and Refunds

It is free to use Moafrika, however, if you intend to promote your business, product or services via Moafrika you will be required to be verified. It will cost R550 for a user to apply for verification. Once verified, a user will be able to promote their businesses, products, and services. The verification process takes place annually and a verification fee is required for every verification. Moafrika will also give you back your R2000 in Ad credits (200K Ad credits). If you sell products/services through moafrika.co.za, you agree to pay Moafrika Marketplace 10% commission of every successful sale of physical products, 15% commission of every successful sale of virtual** products (inclusive of transaction fees) for every successful sale Moafrika Generates for you. For advertising on Moafrika Listings, you will be charged Posting fee Which will include free Ad credits depending on the value of the posting fee. 25 Ad credits will be deducted from your Ad credits balance for every time your listing is viewed. All your listings will remain live for as long as you have a positive Ad credits balance and they will all be suspended as soon as your Ad credits balance reaches zero or negative.

A NOTE ON TAXATION

Income tax, VAT and other levies may apply to Service Providers & Freelancers either as a sole proprietor or through their corporate entities through which they contract. Service Providers & Freelancers may be entitled to apply at their own instance or at the request of or through the Client, to the tax authorities for tax directives and supply these to Clients. Moafrika Marketplace does not express, imply or adopt any opinion on tax-related conditions that may apply to Service Providers & Freelancers or Clients or between Service Providers & Freelancers and Clients. Both Service Providers, Freelancers and Clients should seek their own advice on all tax-related issues and especially on the nature of the relationship between Service Providers, Suppliers, and Client that pertains to their specific Service Provider & Freelancers / Client circumstances

Accuracy of Information

Although we make every attempt to ensure that it is correct and accurate, Moafrika Marketplace cannot guarantee the accuracy of the information on this Service and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by Moafrika Marketplace, you acknowledge that Moafrika Marketplace is not acting as a service provider and is not responsible for any work done or products sold. Moafrika does not guarantee the quality of the products but guarantees the transactions processed through Maofrika.

Content

You agree to use this platform only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else’s use and enjoyment of the website. Comments, profiles, project descriptions, and other content must be civil and tasteful.

You understand that all postings, comments, text, files, images, photos, video, sounds, or other materials (“content”) posted on, transmitted through, or linked from Moafrika Marketplace, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, or otherwise, make available via the Service.

You understand that Moafrika Marketplace does not control, and is not responsible for content made available through the service. Furthermore, the Moafrika Marketplace site and content available through the Service may contain links to other websites, which are completely independent of Moafrika Marketplace. Moafrika Marketplace makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Moafrika Marketplace be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, comments or otherwise made available via Moafrika Marketplace.

You acknowledge that Moafrika Marketplace does not pre-screen or approve all content, but that Moafrika Marketplace shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Intellectual Property

Moafrika Marketplace owns all the intellectual property rights relating to the site, including the designs, text, database, graphics, and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, comments, text, files, images, photos, video, sounds, or other materials (“content”) Users upload to Moafrika Marketplace are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Website, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.

You agree that Moafrika Marketplace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Moafrika Marketplace is under no obligation to become involved except in a case where Client's protection is applicable.

In the event that you have a dispute with one or more other Users, you hereby release Moafrika Marketplace, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Protection for Clients

Types of Problems Covered. Moafrika Marketplace Purchase Protection (also known as Moafrika Marketplace Client Protection) helps you if you encounter either of these problems:

An item is “Significantly Not as Described” if it is materially different from what the Seller described in the item listing. Here are some examples:

An item is not Significantly Not as Described if it is materially similar to the Seller’s item listing description. Here are some examples:

Moafrika Marketplace will not reimburse you for the return shipping costs that you incur to return a Significantly Not As Described item to the Seller or other party specified by Moafrika Marketplace. If the Seller presents evidence that they delivered the goods to your address, Moafrika Marketplace may find in favor of the Seller for an Item Not Received claim even if you did not receive the goods.

Dispute Resolution. If you are unable to resolve a problem directly with a Seller, you can go to the Resolution Centre and follow this process:

Accounts

Opening Account

To become a User and access the Site and Services you must register for an “Account.” You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy, and completeness.

Accounts

You agree that you will not receive interest or other earnings on the funds that moafrika.co.za handles as your contractor. moafrika.co.za may receive interest on those funds. moafrika.co.za will not be liable for any lost interest in such funds.

All amounts are stated in and all payments will be made in South African Rands. moafrika.co.za reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your moafrika.co.za account or face termination and any other remedies available to moafrika.co.za to recover the funds.

Any User that moafrika.co.za removes from the service due to a violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

moafrika.co.za requires you to make all payments to moafrika.co.za and to make payments to and accept payments from other Users in the purchase and sale of products for moafrika.co.za products directly through the mechanisms available on the Site. You understand and agree that moafrika.co.za will not hold funds (including Milestone Payments) delivered to moafrika.co.za from Users for the purchase and sale of products in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of moafrika.co.za in any account, at any institution, or in any other manner moafrika.co.za may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by moafrika.co.za for general corporate purposes or otherwise, provided that moafrika.co.za will remain contractually obligated to make payment to you, as Moafrika Marketplace or Employer, for any purchases and sales of products by you through moafrika.co.za. To the extent moafrika.co.za is obligated to make payment to you; you will be an unsecured creditor of moafrika.co.za.

Acknowledgment

You acknowledge that: (1) moafrika.co.za is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of moafrika.co.za to the User with respect to the purchase and sale of products through moafrika.co.za; (3) moafrika.co.za is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through moafrika.co.za, you appoint moafrika.co.za as your agent to obtain the funds and hold and to transfer such funds to the Service Provider/Suppliers for Services/Items, subject to these terms and conditions.

Account Balances

If your Account has a negative balance, moafrika.co.za may set off the negative balance with any funds that you subsequently receive into your Account. In the event that moafrika.co.za offsets a negative balance pursuant to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant moafrika.co.za a lien on and security interest in and to the funds held in your Account in the possession of moafrika.co.za.

Chargebacks

You acknowledge and agree that moafrika.co.za will be entitled to recover any chargebacks that may be imposed on moafrika.co.za by a credit card issuer on funds paid to you by Clients through the Site. A chargeback occurs when a customer rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that moafrika.co.za may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, moafrika.co.za assesses a ZAR 250.00 fee to Users for credit and debit card payment chargebacks.

Hold on funds

moafrika.co.za, in its sole discretion, may place a hold on any or all of the payments you receive when Moafrika Marketplace believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If Moafrika Marketplace places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances Moafrika Marketplace may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, Moafrika Marketplace will lift the temporary hold. If you lose the dispute, Moafrika Marketplace may remove the funds from your Account. Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, Moafrika Marketplace reserves the right to collect any amounts owing to Moafrika Marketplace by any other legal means.

Identity Authentication

You authorize Moafrika Marketplace, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with the South Africa Law. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other identifying documents at any time to reasonably identify you as part of our own anti-fraud measures. In addition, in some circumstances, we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. The Site reserves the right to close, suspend, or limit access to your User Account and/or Moafrika Marketplace Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

Withdrawals

Funds added to your account as a result of a promotion or goodwill gesture cannot be withdrawn, but used on the site.

All withdrawals will have 15 Days waiting period from the date the service was completed or Item received

References

Moafrika Marketplace charges a fee for contacting references provided by Service Providers. This fee is charged for the effort of contacting the references and is not dependent on any feedback arising from the reference. References must be paid for in advance. Refunds will not be given after Moafrika Marketplace has attempted to contact the reference.

Any contact details given will not be displayed on the site or used for marketing purposes, it is your responsibility to ensure that you have the referee’s permission to give their contact details to Moafrika Marketplace.

It is the responsibility of the Service Provider to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

All Services

Refunds may occasionally be offered in other circumstances at the discretion of Moafrika Marketplace.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus an R150 administration fee.

Feedback

You agree that Clients can leave you feedback after you have delivered their product or service they have appointed you for.

All sellers will be subject to feedback evaluations from Clients for whom they sell products or carry out work, and thereby understand that Moafrika Marketplace is not responsible for the evaluation content that those Clients post, or any harm done by such content.

The Client who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, Moafrika Marketplace may remove feedback, but only at its sole discretion. Likewise, any Client of the website who posts feedback in reference to the seller is responsible for its accuracy and legality.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

Moafrika Marketplace performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.

Removal or lack of feedback does not alter the obligation on the seller to pay any associated success fee.

Avoiding Commissions

Prohibition on the negotiation of fees outside of Moafrika Marketplace Site

You are strictly prohibited from attempting to negotiate the fee for products with another user directly (outside of moafrika.co.za) after that Item(s) have been delivered and before the delivery of the Item. This also applies to any transaction that was closed without Moafrika Marketplace being chosen and then contacting them about the transaction anyway. All transactions that are processed outside the Moafrika Marketplace site will not be covered by Moafrika's buyer protection.

Termination of service

You agree that Moafrika Marketplace, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if Moafrika Marketplace believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that Moafrika Marketplace shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

Moafrika Marketplace reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.

DISCLAIMER

Your use of the Moafrika Marketplace platform, its content and any services or items obtained through the website is done at your own risk and is provided on an ‘as is’ basis, without any warranty of any kind, either express or implied. Neither Moafrika Marketplace nor any person associated with Moafrika Marketplace makes any warranty or representation with respect to the completeness, effectiveness, security, reliability, quality, accuracy or availability of the app or website.

LIMITATIONS ON LIABILITY

Moafrika Marketplace, Its affiliates, Service, Employees, Agents, Officers or Directors will not under any circumstances be liable for damages of any kind arising out or in connection with the use, or inability to use Moafrika Marketplace, including damages of a special or consequential type, including but not limited to loss of profits, loss of data, and whether caused by delict (including negligence), breach of contract or otherwise.

You acknowledge that Moafrika Marketplace may establish limits concerning use of the Website, including but not limited to the maximum number of days that content will be retained by the website, the maximum number and size of postings, email comments, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that Moafrika Marketplace has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that Moafrika Marketplace reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice and that Moafrika Marketplace shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that Moafrika Marketplace shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.