TERMS AND CONDITIONS
1. Acceptance of Terms of Use
Welcome to Featsy.co.za (“FEATSY”), operated and owned by Triples 2010 (Pty) Ltd, where we provide you with a convenient 24/7 online shopping experience connecting you to your favourite Flea and Craft Market Sellers. These Terms of Use relate to all aspects of the FEATSY experience including the registration, sale, purchase, payment, and delivery of goods and services.
By accessing or using the FEATSY website, and using any of our services, you are agreeing to comply with these Terms of Use in their entirety as they constitute an agreement between FEATSY and you. If you do not agree or are not legally competent to accept these Terms of Use, then you are not permitted to use FEATSY, as thoroughly discussed in this agreement.
2. Supporting documentation
These Terms of Use should be read in conjunction with the following supporting policies.
3. General terms
In order to use FEATSY you must be legally competent and at least 18(eighteen) years or older, failing which you will not be eligible to conclude a legally binding contract to buy or sell through FEATSY. If you register as a legal entity, you hereby represent that you are legally authorised to bind the entity to these Terms of Use. In the event that it transpires that you are not duly authorised to do so, you hereby acknowledge and accept that you will be personally liable, jointly and severally, with the entity.
4. Privacy
Privacy is important. Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of FEATSY. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
The Privacy Policy details how your information is collected, used, and shared when you use FEATSY. By using FEATSY, you agree that we can process your information in accordance with the Privacy Policy.
Information security is also a priority for FEATSY. We have established appropriate physical, electronic, and managerial safeguards to protect the information that we collect from or about our users. FEATSY does, however, reserve the right to disclose any and all information that FEATSY deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. Seller registration and account
You need an account to become a seller on FEATSY and to open a stall.
- Eligibility – Sellers must be at least 18(eighteen) years old and legally capable of entering into a binding agreement to use the FEATSY site. Sellers under the age of 18(eighteen) may only do so with the consent, direct supervision and assistance of their parent or legal guardian.
- EntrepreTeen – Sellers under the age of 18(eighteen) use the FEATSY site under the following conditions:
- Your parent or guardian provides their consent for you to use the FEATSY site
- Your parent or guardian registers on FEATSY, to open a seller’s account on your behalf, using their details such as personal details, bank account information and email address. They will own the account, on behalf of the EntrepreTeen.
- When you turn 18 and wish to take control of your shop, we can facilitate the transfer process for you, on request.
- Registration Information – Sellers must provide accurate and current information during the registration process. You may not provide false information or impersonate another person or entity. Sellers are responsible for maintaining the confidentiality of their account information and should not share any such information and always keep their password secure.
- Activities on your account – You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose personal and financial information is registered on the account will ultimately be responsible for all and any activity. If you register as a legal entity, you personally guarantee that you have the authority to do so and hereby agree to the Terms of Use on behalf of the entity.
- Account Termination – FEATSY reserves the right to suspend or terminate a seller’s account at its sole discretion for any reason whatsoever, such as any breach of these Terms of Use or FEATSY policies, or in the event of any fraudulent or abusive activities.
- Relationship between FEATSY and seller -These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and FEATSY.
6. Seller’s responsibilities (behaviour and content)
- Content
- Responsibility for your listings – Sellers are solely responsible for the accuracy, quality, and legality of the products and/or services they offer on FEATSY. It is the seller’s responsibility to ensure they are not infringing or violating any third party’s rights by posting content on FEATSY. The Seller shall not post, list or upload false, inaccurate, misleading or defamatory content. Your content must be your own original work (or you must have explicit irrevocable written permission) which you have the right to make available and which does not infringe any law or any other person’s rights.
- Intellectual Property – Sellers retain ownership of their intellectual property rights related to their products and/or services. Sellers must respect the intellectual property rights of others and hereby undertake to not infringe upon copyrights, trademarks, or any other intellectual property rights of third parties and further, ensure that all product listings, images, and descriptions are original or properly licensed.
- Inappropriate, false, or misleading content. There are certain types of content that may not be posted on FEATSY (for legal reasons, moral or otherwise). Sellers hereby agree that they will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of FEATSY’S Terms of Use. They further agree not to post any content that is false and misleading or which uses FEATSY in a manner that is fraudulent, deceptive and/or tarnishes the reputation of FEATSY.
- Rights you grant FEATSY – Sellers, in using FEATSY, hereby grant FEATSY the right to reuse, edit, modify, re-purpose and re-publish the content. As the Seller you retain rights over copyright of all such content .. By using FEATSY and submitting your content you grant FEATSY a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your content worldwide and/or to incorporate your content in other works in any media now known or later developed provided in accordance with privacy restrictions set out in the Privacy Policy. This will enable FEATSY to reproduce your work for the purposes of marketing the service and your work (for example: ‘adverts’; blog posts; printed and web-related marketing material; books etc.) thereby promoting both Feasty.co.za and your FEATSY stall.
- Changes to your content – FEATSY may change or remove content (“content” includes, listings, listing descriptions, and other information on the site) and accounts containing content that are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, or constitutes a breach of the Terms of Use, the Privacy Policy or other supporting policy documentation.
- Reporting inappropriate or unauthorised content – FEATSY will follow appropriate procedures to remove infringing content from our website. If content that you own or have rights to has been posted on FEATSY without your permission and you wish to have it removed, contact us at support@featsy.co.za with the details of the infringement and we will investigate your claim.
- If a seller’s content is alleged to infringe another person’s intellectual property, FEATSY will take appropriate action, such as disabling it or terminate your account. Any claims and/or action taken will be communicated to you by FEATSY.
Refer to our Content Policy.
- Compliance with Laws and Regulations
- Legal Compliance – Sellers must comply with all applicable laws, regulations, and industry standards regarding the sale, marketing, and fulfillment of their products and/or services, including but not limited to consumer protection, privacy, taxation, and product safety.
- Prohibited Products – Sellers must not sell or promote any products that are illegal, hazardous, or restricted by law, including but not limited to drugs, weapons, counterfeit items, or any other prohibited goods.
- Privacy and Data Protection – Sellers must handle customer information in accordance with applicable data protection and privacy laws. Sellers must safeguard customer data and refrain from using it for any unauthorized purposes. They may not send unsolicited marketing material and unwanted communications to other users or sellers of FEATSY. Refer to Featsy’s Privacy Policy.
- Customer Services
- Responsiveness: Sellers must provide professional customer services and should respond promptly and courteously to customer inquiries, concerns and disputes related to their products and/or services. They should strive to provide mutually beneficial resolutions whenever possible.
- Order Fulfilment – Sellers are expected to fulfill orders promptly (within 5 (five) working days of the order being placed) and in accordance with the specified shipping, delivery, and return policies. Provide customers with regular updates on order status, tracking information, and any delays or changes that may occur.
- Returns and Refunds – Sellers are expected to clearly communicate return and refund policies to customers on their stall and to honour reasonable requests for returns and refunds in accordance with applicable laws and regulations. Refer to the Returns and Refunds Policy.
- Quality Standards
- Authentic and Safe Products: Sellers are responsible for ensuring that the products they sell meet relevant legal requirements, safety standards, and are authentic. Counterfeit, pirated, or illegal products are strictly prohibited.
- Product Descriptions: Sellers are responsible for providing clear, accurate, and detailed descriptions of products, including specifications, dimensions, materials used, and any other relevant information. They must avoid misleading claims or exaggerated statements about product features or performance.
- Product Images: Sellers are expected to use high-quality images that accurately represent the product being sold. They must avoid using misleading or deceptive images that may confuse or mislead customers.
- Product Safety and Compliance: Sellers must comply with all applicable safety regulations and industry standards, including Health and Safety and ensure that products meet relevant safety requirements and are labelled appropriately.
7. Customers/buyers responsibilities
Customers are not required to register to browse on FEATSY, although it is recommended. Customers are referred to point 3 above-General terms-with regard to legal capacity to use FEATSY-.
As a customer you are required to familiarise yourself with FEATSY’s Terms of Use, together with its policies and any other relevant guidelines prior to purchasing.
- Eligibility – Customers must be at least 18(eighteen) years old and legally capable of entering into a binding agreement to use the FEATSY site. Customers under the age of 18(eighteen) may only do so with the consent, direct supervision and assistance of their parent or legal guardian.
- Registration Information – Customers must provide accurate and current information during the registration process. You may not provide false information or impersonate another person or entity. Customers are responsible for maintaining the confidentiality of their account information and should not share any such information and always keep their passwords secure.
- Activities on your account – You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose personal and financial information is registered on the account will ultimately be responsible for all and any activity. If you register as a legal entity, you personally guarantee that you have the authority to do so and hereby agree to the Terms of Use on behalf of the entity.
- Account Termination – FEATSY reserves the right to suspend or terminate a customer’s account at its sole discretion for any reason whatsoever, such as any breach of these Terms of Use or FEATSY policy, or in the event of any fraudulent or abusive activities.
- Relationship between FEATSY and customer – These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and FEATSY.
- Pay Your Bills. You are responsible for paying for items you commit to purchasing. Do not enter into a purchase agreement if you are unable to fulfill your obligations.
- Communication – You agree that FEATSY’s communication with you will be electronic, and we will communicate with you via the email address detailed on your account. This could include legal information, changes in policies and activities relating to your account.
8. Website usage
- License – Sellers are granted a non-exclusive, non-transferable license to access and use FEATSY for the purpose of listing and selling their products and/or services.
- Prohibited Activities – Sellers and customers agree that they will not violate any laws in connection with their use of the services provided by FEATSY e.g. engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, interfering/disrupting services, spamming, hacking, transmitting malware, crawl, scrape or spider any pages or any other unlawful acts or crimes against FEATSY, another FEATSY user, or a third party.
- Suggestions/Ideas – Any suggestions and ideas to help us improve your experience and our services are welcomed. Any ideas or other materials submitted to FEATSY are considered non-confidential and non-proprietary to them. You hereby grant FEATSY a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Content Guidelines – Sellers and customers must comply with the content guidelines set by FEATSY, which may include restrictions on offensive, misleading, or infringing content. Refer to FEATSY’s Content Policy.
- Outages – FEATSY periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Users hereby agree that FEATSY takes no responsibility and is not liable for: (a) the unavailability of any of the sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, miss-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the sites, any Internet service providers or otherwise.
- Pay Your Bills – Sellers are responsible for paying all the fees they owe to FEATSY and are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales they make through the FEATSY site. Sellers must comply with our Payment and Fee Policy which governs how to pay their fees, bills, and taxes.
- Communication – Users agree that FEATSY’s communication with them will be electronic and that FEATSY will communicate with them via the email address provided on their account. This could include legal information, changes in policies and activities relating to their account.
9. Termination
- As a user, you may terminate your account with FEATSY at any time. Note that you will still be responsible for any outstanding fees and/or invoices. Terminating your account will not affect the availability of some of your content posted with FEATSY prior to termination.
- FEATSY may terminate or suspend your account and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms of Use. You will be notified that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms of Use, or we have legal or regulatory reasons preventing us from notifying you. You may lose any information associated with your account, including your content.
- FEATSY may discontinue the services and we reserve the right to change, suspend, or discontinue any of the services for you, any or all users, at any time, for any reason, including those laid out in FEATSY’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services. The Terms of Use will remain in effect even after your access to the service is terminated, or your use of the service ends.
- All Users of FEATSY consent to the jurisdiction of the Magistrate’s Court in any district in terms of Section 45 of the Magistrate’s Court Act 32 of 1944, as amended, for any legal proceedings arising from these Terms of Use. This applies even if the proceedings would normally be beyond the jurisdiction of the Magistrate’s Court, as provided by Section 28(1) of the aforementioned Act.
- However, the party initiating the legal proceedings still reserves the right to institute such proceedings in any division of the Supreme Court of South Africa that has jurisdiction if they so choose.
10. Seller fees and payments
- Fee Structure – Sellers agree to pay FEATSY fees for the use of its services, which will be outlined in FEATSY’s Payment and Fee Policy.
- Payment Processing – FEATSY may provide payment processing services or integrate with third-party payment processors. Sellers agree to abide by the payment processing terms of use provided by the platform or the selected payment processor.
- Refunds and Chargebacks: Sellers are responsible for handling refunds, returns, and chargebacks in accordance with FEATSY’s policies or applicable laws.
Refer to FEATSY’S Payment and Fee Policy.
11. Limitation of liability
- By listing a product on FEATSY, the seller represents and warrants that the product is free from any defects and complies with all applicable laws and regulations.
- All users hereby agree to indemnify and hold FEATSY harmless against any and all claims or damages arising from the sale and/or purchasers through FEATSY. FEATSY shall not be liable for any loss of profits or any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to the use or inability to use FEATSY or any products and/or services purchased through it or as a result of any transaction under these Terms of Use, unless such loss or damage is proven to have been deliberately caused by FEATSY. FEATSY’S total aggregate liability for any loss suffered under these Terms of Use shall not exceed R1000.
- These Terms of Use represent the complete and exclusive statement of the mutual understanding between FEATSY and the users and supersede any prior written or oral agreements or understandings.
- Items purchased – FEATSY does not manufacture, store, or inspect any of the items sold through our website. FEATSY facilitates the process by providing a marketplace only and the items are produced, listed, and sold directly by independent Sellers. FEATSY makes no warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release FEATSY from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
- Content – You may view content that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. FEATSY is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content. Please report any inappropriate content which violates our policies to support@featsy.co.za.
- Sellers and Customers. FEATSY has not vetted or screened any seller or customer. You understand that you release us from all liability relating to your interactions with other users. As with all online sites you use, please exercise caution, good judgement and we do not recommend meeting a seller or customer in person.
- Third-Party Services – Our services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Instagram and Payment Services). You may also need to use a third party’s product or service in order to use some of our services When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. FEATSY is not a party to those agreements; they are solely between you and the third party.
- Transactions outside of FEATSY – If a transaction has taken place outside of our FEATSY website (ie you connected on FEATSY, but didn’t conclude the transaction on FEATSY), then FEASTY is not responsible for the processing of the payment (for the seller) and delivery of goods to the customer. FEATSY is not to be used as a marketing tool with transactions taking place outside the website.
12. Governing law and dispute resolution
- These terms are governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or related to these Terms of Use, or the use of FEATSY shall be resolved through negotiation or, if necessary, through binding arbitration.
- If FEATSY is sued because of something a seller did, the seller agrees to fully defend and indemnify FEATSY, its employees and its duly authorised representatives That means the seller will defend FEASTSY (including any of our employees) and shall hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from the seller’s actions, their use (or misuse) of our services, their breach of the Terms of Use, or if they or their account infringes someone else’s rights. We reserve the right to handle our legal defence however we see fit despite the above obligation and the seller shall continue to fully indemnify us. The seller irrevocably hereby agrees to cooperate with us in order to defend all and any claims brought against FEATSY, its employees and duly authorised representatives.
- If the seller finds themselves in a dispute with another user, customer or third party, we encourage them to contact the other party and try to resolve the dispute amicably. If they are unable to resolve the issues, FEATSY may choose to assist in the resolution (although we are not obligated to). Any unresolved dispute is to be escalated to FEATSY on support@featsy.co.za
- If you have an issue you would like to bring to the attention of FEATSY, please communicate this to us via support@featsy.co.za. We will attempt to find a mutually beneficial solution as far as reasonably possible.
13. Modification and termination
- FEATSY reserves the right to terminate FEATSY and/or to modify or update these Terms of Use at any time.
- Users will be notified on the FEATSY website of any material changes to the Terms of Use and it is the user’s responsibility to ensure that they review and familiarise themselves with any changes at any given time. The users continued use of the FEATSY website after such modifications constitute acceptance of the updated Terms of Use.
14. Marketing and linking
Sellers shall not link out from FEATSY to their own shop or other selling platform. FEATSY is to be primarily used as a website for selling and not as a lead generator/marketing platform for your own site or other services and platforms.
15. Miscellaneous
These Terms of Use constitute the entire agreement between the users and FEATSY and supersede any prior agreements or understandings. If any provision of these Terms of Use are found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
16. Privacy & Security
Please review the FEATSY Privacy Policy, which is incorporated into these Terms of Use and also governs your use of FEATSY. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
Information security is important to FEATSY. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. FEATSY does, however, reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
17. Contact information
If you have any queries or required clarification, about the Terms of Use, please email us at support@featsy.co.za.