Terms of Service

1. Agreement to Terms

Welcome to ZonkeVibe. These Terms of Service ("Terms") constitute a legally binding agreement between you and ZonkeVibe (Pty) Ltd ("ZonkeVibe", "we", "us", or "our"), a company registered in South Africa.

By accessing or using our mobile applications, website, or services (collectively, the "Platform"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Platform.

These Terms are governed by the laws of the Republic of South Africa.

2. Definitions

• "Platform" refers to the ZonkeVibe mobile applications, website, and all related services
• "User" refers to any person who accesses or uses the Platform
• "Customer" refers to Users who purchase goods or services through the Platform
• "Seller" refers to Users who list and sell goods or services through the Platform
• "Content" refers to text, images, photos, data, information, and other materials posted on the Platform
• "Transaction" refers to any purchase, sale, or exchange facilitated through the Platform

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts under South African law
• Not be prohibited from using the Platform under South African law
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials

If you are using the Platform on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Platform, you must register for an account. You agree to:

• Provide accurate, truthful, and complete information
• Update your information to keep it accurate and current
• Maintain one account per person or business entity
• Not impersonate any person or entity

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and PIN
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

4.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent, illegal, or harmful activities
• We are required to do so by law
• Your account has been inactive for an extended period

5. Use of the Platform

5.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms. The Platform is intended to facilitate local commerce between Sellers and Customers in South Africa.

5.2 Prohibited Activities

You agree NOT to:

• Violate any applicable South African or international laws
• Infringe upon intellectual property rights of others
• Post false, misleading, or deceptive content
• Engage in fraudulent activities or scams
• Harass, abuse, or harm other Users
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Platform or other accounts
• Use automated systems (bots, scrapers) without our permission
• Interfere with the proper functioning of the Platform
• Circumvent security features or access restrictions
• Sell prohibited items (see Section 6)

6. Prohibited Items and Services

The following items and services are strictly prohibited from being listed or sold on the Platform:

• Illegal goods or services under South African law
• Weapons, firearms, ammunition, or explosives
• Drugs, controlled substances, or prescription medications
• Counterfeit or pirated goods
• Stolen property or property of questionable origin
• Tobacco products or vaping devices
• Alcohol (unless properly licensed)
• Adult content, services, or materials
• Animals or wildlife products (without proper permits)
• Hazardous materials or dangerous goods
• Items that infringe intellectual property rights
• Human body parts or remains
• Items promoting hate speech, violence, or discrimination

We reserve the right to remove any listings that violate this policy and may suspend or terminate accounts of repeat violators.

7. Seller Terms

7.1 Seller Responsibilities

As a Seller, you agree to:

• Provide accurate descriptions and images of your products
• Honor the prices and terms listed in your product listings
• Fulfill orders promptly and professionally
• Maintain appropriate business licenses and permits as required by South African law
• Comply with consumer protection laws, including the Consumer Protection Act, 2008
• Handle customer data responsibly in accordance with POPIA
• Respond to customer inquiries in a timely manner
• Process returns and refunds according to applicable laws

7.2 Subscription Plans

Seller accounts require an active subscription plan. By subscribing, you agree to:

• Pay the applicable subscription fees on time
• Subscription fees are non-refundable except as required by law
• We may change subscription pricing with 30 days' notice
• Your subscription will auto-renew unless cancelled before the renewal date
• Cancellation does not entitle you to a refund for the current billing period

7.3 Product Listings

You represent and warrant that:

• You have the right to sell the products you list
• Your products comply with all applicable safety and quality standards
• Your product descriptions are accurate and not misleading
• You will update listings to reflect accurate stock availability

8. Customer Terms

8.1 Placing Orders

When you place an order:

• You make an offer to purchase products at the listed price
• The contract is formed when the Seller accepts your order
• You agree to pay the full amount including any delivery fees
• You are responsible for providing accurate delivery information

8.2 Pricing and Payment

Sellers are entirely responsible for accepting and processing all payments for their products. ZonkeVibe does not handle, process, or collect payments for product transactions. All payment arrangements are made directly between Customers and Sellers.

• All prices are displayed in South African Rand (ZAR)
• Prices are set by individual Sellers and may change without notice
• Payment arrangements are made directly between you and the Seller
• Sellers determine their accepted payment methods (cash, bank transfer, etc.)
• You agree to pay the Seller directly using their preferred payment method
• You agree to pay all applicable fees and taxes as agreed with the Seller
• ZonkeVibe is not responsible for any payment disputes between Customers and Sellers

8.3 Delivery

Sellers are entirely responsible for all deliveries. Delivery terms, methods, and timelines are set by individual Sellers. ZonkeVibe does not handle, manage, or provide any delivery services. ZonkeVibe is not responsible for:

• Delivery delays caused by Sellers or third-party couriers
• Product quality or condition upon delivery
• Lost or damaged items during delivery (contact the Seller directly)
• Delivery fees, arrangements, or fulfillment
• Any issues arising from the delivery process

9. Transactions and Payments

9.1 Platform Role

IMPORTANT: ZonkeVibe is a marketplace platform that connects Customers with local Sellers. We do not handle payments for product transactions between Customers and Sellers, and we are not responsible for product deliveries. All transactions, payments, and deliveries are arranged directly between Customers and Sellers.

9.2 Payment Processing

Customer-Seller Transactions: Payments for products and services are handled directly between Customers and Sellers. ZonkeVibe does not process, collect, or hold payments for product purchases. Sellers are responsible for their own payment processing arrangements, and Customers arrange payment directly with Sellers using the Seller's preferred payment methods.

Subscription Payments: Seller subscription fees are processed securely through our payment service provider. We do not store your payment card information.

9.3 Delivery Responsibility

Sellers are solely responsible for fulfilling and delivering orders to Customers. ZonkeVibe does not provide delivery services, handle logistics, or take responsibility for the delivery of products. Any delivery arrangements, fees, timelines, and methods are determined by the Seller and agreed upon between the Seller and Customer.

9.4 Subscription Fees

Sellers pay monthly or annual subscription fees to access the Platform. Subscription fees are separate from any customer-seller transactions. Current subscription fee structures are available in the Seller app.

9.5 Taxes

You are responsible for determining and paying any applicable taxes, including VAT, arising from your use of the Platform. Sellers must comply with all South African tax laws and regulations, including registration for VAT if required.

10. Returns, Refunds, and Cancellations

10.1 Consumer Rights

As a South African consumer, you have rights under the Consumer Protection Act, 2008, including the right to return goods in certain circumstances. However, the contractual relationship for each transaction is between the Customer and the Seller.

10.2 Seller Policies

Each Seller sets their own return and refund policies. Customers should review these policies before making a purchase. Sellers must comply with applicable consumer protection laws.

10.3 Disputes

In the event of a dispute regarding a transaction:

• Customers should first contact the Seller directly to resolve the issue
• If the dispute cannot be resolved, contact ZonkeVibe support at info@zonkevibe.co.za
• We may facilitate communication but are not obligated to resolve disputes
• We reserve the right to make final decisions in disputes as we deem appropriate

11. Intellectual Property Rights

11.1 ZonkeVibe Intellectual Property

The Platform, including its design, code, text, graphics, logos, and functionality, is owned by ZonkeVibe and protected by South African and international intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

11.2 User Content

By posting content on the Platform, you:

• Retain ownership of your content
• Grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content on the Platform
• Represent that you have the right to post the content and it does not infringe on third-party rights
• Agree that we may remove content that violates these Terms or applicable laws

11.3 Copyright Infringement

If you believe your intellectual property rights have been infringed, please contact us at info@zonkevibe.co.za with:

• A description of the copyrighted work
• Location of the infringing content on our Platform
• Your contact information
• A statement that you have a good faith belief the use is unauthorized
• A statement that the information is accurate and you are authorized to act on behalf of the owner

12. Privacy and Data Protection

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with the Protection of Personal Information Act (POPIA).

By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy for more details.

13. Disclaimers and Limitations of Liability

13.1 Platform Availability

While we strive to maintain the Platform's availability, we do not guarantee uninterrupted access. The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied.

13.2 Third-Party Transactions

ZonkeVibe facilitates transactions between Customers and Sellers but is not a party to these transactions. We are not responsible for the quality, safety, legality, or accuracy of products or services listed by Sellers. We do not guarantee that Sellers will complete transactions or that Customers will make payments.

13.3 Limitation of Liability

To the maximum extent permitted by South African law:

• ZonkeVibe shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability for any claims arising from your use of the Platform shall not exceed the amount you paid to us in the 12 months prior to the claim
• We are not liable for losses resulting from unauthorized access to your account
• We are not responsible for third-party content, websites, or services

13.4 Indemnification

You agree to indemnify, defend, and hold harmless ZonkeVibe, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of third parties
• Your use or misuse of the Platform
• Content you post on the Platform

14. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Platform immediately ceases
• You remain liable for any outstanding obligations
• We may delete your account and content
• Provisions that by their nature should survive termination shall remain in effect

You may delete your account at any time through the app settings or by contacting us at info@zonkevibe.co.za.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

15.2 Jurisdiction

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the South African courts.

15.3 Dispute Resolution

Before initiating legal proceedings, you agree to:

• Contact us at info@zonkevibe.co.za to attempt to resolve the dispute informally
• Provide a detailed description of the dispute and your proposed resolution
• Engage in good faith negotiations for at least 30 days

16. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you through the Platform or via email for material changes
• Provide a reasonable notice period before the changes take effect

Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ZonkeVibe regarding your use of the Platform.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions about these Terms, please contact us:

These Terms of Service are effective as of December 2024

By using ZonkeVibe's Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.