Mall4Makers respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the South African Privacy Principles contained in the POPPI Act 2013. This policy sets out how we collect and treat your personal information.

“Personal information” is information we hold which is identifiable as being about you.

2.    Collection of personal information

Mall4Makers will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

Additionally, we may also collect any other information you provide while interacting with us.

3.    How we collect your personal information

Mall4Makers collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4.    Use of your personal information

Mall4Makers may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

Mall4Makers may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

5.    Disclosure of your personal information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Mall4Makers, Mall4Makers.com, its customers or third parties.

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of South Africa. These may include but are not limited to the United States of America and Europe.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6.    Security of your personal information

Mall4Makers is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7.    Access to your personal information

You may request details of personal information that we hold about you in accordance with the provisions of the POPI act  2013. A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@Mall4Makers.com.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the POPI Act.

8.    Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 9 Plein Street, Woodstock, Cape Town, Western Cape, South Africa, 7915. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

9.    Changes to Privacy Policy

Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10.  Website

When you visit our website

When you come to our website (Mall4Makers.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Mall4Makers is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Buyer-terms-conditions

1.    About the Website

Welcome to Mall4Makers.com (the ‘Website‘). The Website facilitates interactions between:

    •  people looking for independent Sellers of “maker” products and supplies (the ‘Buyer‘); and
    •  independent Sellers selling “maker” products and supplies (the ‘Seller‘),

making it easier for the Buyer and the Seller to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services‘).

The Website is operated by Mall4Makers (A Maker Station Pty Ltd Project). Access to and use of the Website, or any of its associated products or Services, is provided by Mall4Makers. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.

Mall4Makers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mall4Makers updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    Acceptance of the Terms

You accept the Terms by registering for the Services as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Mall4Makers in the user interface.

3.    The Services

In order to access the Services, the Buyer is required to register for an account through the Website (the ‘Account‘).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

    •  Email address
    •  Preferred username
    •  Mailing address
    •  Telephone number
    •  Password
    •  Permits if required

You warrant that any information you give to Mall4Makers in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.

You may not use the Services and may not accept the Terms if:

  •  you are not of legal age to form a binding contract with Mall4Makers; or
  •  you are a person barred from receiving the Services under the laws of South Africa or other countries including the country in which you are resident or from which you use the Services.

4.    Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will not share your profile with any other person;
  • you will use the Services only for purposes that are permitted by:
    •  the Terms; and
    •  any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mall4Makers of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
  • any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
  • you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mall4Makers;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website as well as the illegal trade or import and export of prohibited goods in South Africa;
  • you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Mall4Makers for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5.    Using the Website as the Buyer

The Buyer signs up for an account. The Buyer must inform themselves of the terms of Mall4Makers.com, and the product, payment and shipping arrangements and terms of each Seller.

6.    Refund Policy

Since Mall4Makers is only a facilitator in introducing the Buyer to the Seller and providing a system to make safe payment, Mall4Makers does not hold any liability to the Buyer directly and will not personally refund them any payments made in the use of Services.

Notwithstanding the above clause, if a Buyer is unsatisfied with the services provided by the Seller or believes that they may be entitled to a refund, then Mall4Makers requires the Buyer to:

  • contact the Seller directly to request a refund; and
  • if contacting the Seller is not successful after fourteen (14) days, contact Mall4Makers through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Seller should be removed from the Services and we will assist in resolving the issue to your satisfaction or your money back in full.
  • The Seller has the right to request that you supply photographs to prove the product was not what was ordered, or if it is damaged or dead.
  • The Seller may also request that you return the goods. This may not always be possible because of state laws, export and import permits.

If the Seller agrees to a refund it is acknowledged that the Seller will instruct Mall4Makers to refund all or part of the payments made to the Buyer directly, less any fees and charges incurred by Mall4Makers in processing the refund.

The Buyer agrees that they will comply with the Refund Policy contained in this Clause of these Terms.

7.    Copyright and Intellectual Property

The Website, the Services and all of the related products of Mall4Makers are subject to copyright. The material on the Website is protected by copyright under the laws of South Africa and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Mall4Makers or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Mall4Makers, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Mall4Makers does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Mall4Makers.

Mall4Makers retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Mall4Makers and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Mall4Makers a non-exclusive, transferable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

8.    Privacy

Mall4Makers takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Mall4Makers’s Privacy Policy, which is available on the Website.

9.    General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the South African Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Mall4Makers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mall4Makers make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Mall4Makers) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Mall4Makers; and
  • the Services or operation in respect to links which are provided for your convenience.

You acknowledge that Mall4Makers Website and the Services are only intended to facilitate the interactions between the Buyer and the Seller and does not offer any services other than the Services and Mall4Makers holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

10.  Limitation of Liability

Mall4Makers’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Mall4Makers, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

??  You acknowledge and agree that Mall4Makers holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

11.  Termination of Contract

Mall4Makers may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Mall4Makers is required to do so by law;
  • Mall4Makers is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Mall4Makers is, in the opinion of Mall4Makers, no longer commercially viable.

Subject to local applicable laws, Mall4Makers reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mall4Makers’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mall4Makers have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12.  Indemnity

You agree to indemnify Mall4Makers, its affiliates, employees, agents, contributors, third party content Sellers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

13.  Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the management of the Mall4Makers or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Cape Town, South Africa.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.5. Termination of Mediation:

If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.  Venue and Jurisdiction

The Services offered by Mall4Makers is intended to be viewed by residents of South Africa. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Cape, South Africa.

15.  Governing Law

The Terms are governed by the laws of, South Africa. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Africa, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16.  Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17.  Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Seller T&C

1.    About the Website

Welcome to Mall4Makers.com (the ‘Website‘). The Website facilitates interactions between:

  • people looking for independent Sellers of tank pets, plants and supplies (the ‘Buyer‘); and
  • independent Sellers selling tank pets, plants and supplies (the ‘Seller‘),

making it easier for the Buyer and the Seller to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services‘).
The Website is operated by Mall4Makers (A Maker Station Pty Project). Access to and use of the Website, or any of its associated products or Services, is provided by Mall4Makers. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
Mall4Makers reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Mall4Makers updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Mall4Makers in the user interface.

3.    Mall4Makers’S Rights

Mall4Makers may refuse the service of ‘Seller’ to anyone, for any reason, at any time without justification.
Mall4Makers has the right to terminate any transaction which it deems illegal, high risk, fraudulent or in violation of Mall4Makers’s terms and conditions.

4.    The Services

In order to access the Services, the Seller is required to register for an account through the Website (the ‘Account‘).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password
  • Permits if required

You warrant that any information you give to Mall4Makers in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:

  • you are not of legal age (18) to form a binding contract with Mall4Makers; or
  • you are a person barred from receiving the Services under the laws of South Africa or other countries including the country in which you are resident or from which you use the Services.
  • You are not resident in South Africa.

5.    Your obligations as a Member

As a Member, you agree to comply with the following:

  • you will not share your profile with any other person;
  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Mall4Makers of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
  • any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
  • you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Mall4Makers;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website as well as the illegal trade of pets and plants in South Africa;
  • you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Mall4Makers for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

6.    Using the Website as the Seller

The Seller creates an account and sets up their store. This entails uploading images of the product that is being sold, having all the required permits and must inform themselves of the terms of Mall4Makers.com, Set up the product, payment and shipping arrangements and terms of each to Buyers. The onus is on the Seller to research all laws pertaining sales, shipping and export within South Africa on a national and local government level.

7.    Payment

By Mall4Makers offering the Services to you, you agree that:

  • A “per sale” fee is charged for selling on Mall4Makers, this is a flat 20% charge per sale on the sale price before GST and shipping is added. No other fees are charged. 75% of of that fee will be donated to a cause of Mall4Makers choosing.

All payments made in the course of your use of the Services are made using Payfast, an off site secure payment gateway with multiple payment options, and EFT. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Payfast terms and conditions which are available on their website.
The money from all purchases made by the Buyer is collected in Mall4Makers’s bank account. When the Seller’s sales, after the deduction of the 10% fee, total R250, they will be able to request a withdrawal as there is a minimum withdrawal limit of R50 000.00

8.    Shipping

Shipping is the responsibility of the Seller.
It is a requirement of Mall4Makers that products well packaged and delivered timeously with a signature required on receipt of delivery of the shipment, by hand or through a shipping/courier agent.
The Seller must calculate the cost of the required shipping method.
Before shipping all the necessary permits, required by the Seller and the Buyer, must be in place if it is required for shipping. It is important to make sure that the product will arrive at their destination in good health and that the parcel is not left in the sun once delivered. The onus is on the Seller to make sure the Buyer has all the necessary permits.
The Seller is required to confirm that all permits required by the Buyer (e.g. ownership and import permits) have been obtained and the details provided to the Seller.

Shipping outside South Africa.

All taxes, shipping requirements, export permits and insurance is the responsibility of the Seller alone.
The Seller must always ensure that no laws are being broken as a result of selling or shipping products.

9.    Refund Policy

Since Mall4Makers is only a facilitator in introducing the Buyer to the Seller and providing a system to make safe payment, Mall4Makers does not hold any liability to the Buyer directly and will not personally refund them any payments made in the use of Services.
Notwithstanding the above clause, if a Buyer is unsatisfied with the services provided by the Seller or believes that they may be entitled to a refund, then Mall4Makers requires the Buyer to:

  • contact the Seller directly to request a refund; and
  • if contacting the Seller is not successful after fourteen (14) days, contact Mall4Makers through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund, so we are able to determine if the Seller should be removed from the Services.

If contacted by a Buyer who is requesting a refund pursuant to the above clause, the Seller agrees that it will immediately:

  • complete the Mall4Makers refund request form (the ‘Request Form’) provided on the Website; and
  • provide both the Request Form and the email from the Buyer requesting the refund to Mall4Makers.

If the Seller agrees to a refund it is acknowledged that the Seller will instruct Mall4Makers to refund all or part of the payments made to the Buyer directly, less any fees and charges incurred by Mall4Makers in processing the refund.
Both the Buyer and Seller agree that they will comply with the Refund Policy contained in this Clause of these Terms.

10.  Copyright and Intellectual Property

The Website, the Services and all of the related products of Mall4Makers are subject to copyright. The material on the Website is protected by copyright under the laws of South Africa and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Mall4Makers or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Mall4Makers, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device’s cache memory; and
  • print pages from the Website for your own personal and non-commercial use.

Mall4Makers does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Mall4Makers.
Mall4Makers retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.
You may not, without the prior written permission of Mall4Makers and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Mall4Makers a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

11.  Privacy

Mall4Makers takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Mall4Makers’s Privacy Policy, which is available on the Website.

12.  General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the South African Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • Mall4Makers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Mall4Makers make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Mall4Makers) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Services or any of the products of Mall4Makers; and
  • the Services or operation in respect to links which are provided for your convenience.

You acknowledge that Mall4Makers Website and the Services are only intended to facilitate the interactions between the Buyer and the Seller and does not offer any services other than the Services and Mall4Makers holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

13.  Limitation of Liability

Mall4Makers’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Mall4Makers, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.You acknowledge and agree that Mall4Makers holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

14.  Termination of Contract

If you want to terminate the Terms, you may do so by providing Mall4Makers with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to Mall4Makers via the ‘Contact Us’ link on our homepage.
Mall4Makers may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;
  • Mall4Makers is required to do so by law;
  • Mall4Makers is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
  • the provision of the Services to you by Mall4Makers is, in the opinion of Mall4Makers, no longer commercially viable.

Subject to local applicable laws, Mall4Makers reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Mall4Makers’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Mall4Makers have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

15.  Indemnity

You agree to indemnify Mall4Makers, its affiliates, employees, agents, contributors, third party content Sellers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

16.  Dispute Resolution

16.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

16.2. Notice:

A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

16.3. Resolution:

On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

  • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon
    which they may mutually agree;
  • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mall4Makers or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in Cape Town, South Africa.
16.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

16.5. Termination of Mediation:

If 14 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17.  Venue and Jurisdiction

The Services offered by Mall4Makers is intended to be viewed by residents of South Africa. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Cape, South Africa.

18.  Governing Law

The Terms are governed by the laws of Western South Africa, South Africa. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Africa, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19.  Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20.  Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Sellers!

Mall4Makers welcomes Makers!

  Together we bring maker products to our clients.

HOW TO SELL ON Mall4Makers

Set up a Sellers account

Create your Sellers account, take photos of your Product, load them up, have the necessary pricing and descriptions and open shop, you are ready to start selling. Become a verified Seller.

Customise your store

This is your store, go ahead and make it your own. Give your store a name as well as a logo. Do you have a mission statement or tagline? Add it! All stores need an eye catching banner.

Market your store

Set up your social media profiles and start marketing your store. It is important to get your brand noticed!

WITH SELLING COMES RESPONSIBILITY

Mall4Makers is for anyone wanting to sell “maker” products. The onus is on you the Seller to know what you may or may not sell.

Describing and photograph the product you are selling well is going to go a long way to making you a successful Seller, not only is it going to keep your Buyers happy but it is also necessary to keep you within the law.

It is important that the shipping methods you choose will serve your product and get it in good condition at the Buyers address.