KETUTI TERMS AND CONDITIONS OF USE AND SERVICE
Ketuti strives to make every customer interaction a pleasure by ensuring that we fulfil our duties and obligations to every single one of our valued customers. In order to do so, we would like to take this opportunity to share with you our Terms and Conditions of Use and Service, where all users and customers of Ketuti can see the exact details of how we value professional transparency and devotion in all of our operations.
By accessing or using www.ketuti.co.za (“the Website”), owned and operated by KETUTI (Pty) Ltd. with registration number [2016/524032/07] (“Ketuti”), you agree that you have read, understood and consent to be bound to the terms and conditions contained herein (“the Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Ketuti and/or Ketuti Sellers, as applicable.
Please read these terms carefully before accessing or using the Website.
The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever, including each user who registers as contemplated below.
INTRODUCTION AND THE SERVICES
- Ketuti provides an online platform (“Marketplace”) which connects users who wish to purchase high quality, second-hand/new products (“Buyers”) with and from other users who lawfully own the second-hand/new products which are showcased on the Website (“Sellers”). Ketuti itself does not sell any products, but simply enables Sellers and Buyers to meet and transact, using the Website.
- In order to use the Website to buy any product represented on the Website from time to time (“the Product”), users must successfully register and stay registered on the Website.
- Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Ketuti uploading the amended Terms to the Website. It is your responsibility to read these Terms periodically to ensure you are aware of, and understand, any changes. Please email email@example.com, for further information on any of the Terms.
- Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence. You must not use this Website for any illegal activity or if you do not agree to the Terms.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all your obligations under the Terms.
RELATIONSHIP BETWEEN THE PARTIES
- When a Buyer purchases a Product from a Seller using the Website, the users enter into a direct and binding agreement with each other. The Website acts solely as an online Marketplace between users, Buyers and/or Sellers (as applicable) and Ketuti does not have an employment relationship with any Seller or user. You purchase or sell any Product on the Website entirely at your own risk. Ketuti is not the Buyer nor the Seller and, as such, has no rights or obligations which stem from either of these roles. Ketuti merely represents the Product for sale on the Website and facilitates its purchase by the Buyer from the Seller. This facilitation includes the ordering and payment for Products by the Buyer from the Seller using the Website. Payments for Product are made by the Buyer to the Seller via Ketuti’s payment systems to ensure reliability. Ketuti’s onward payment of any funds to the Seller is in accordance with its duties under the Seller Agreement.
- Although Ketuti carefully curates/represents each Product for its high quality prior to being placed on the Website, Ketuti is not responsible for the quality or standard of the Product sold by the Seller. All duties or obligations arising from the transaction between Buyer and Seller are solely between them, with Ketuti having no associated obligations, other than as its functionary as a Marketplace, or on the specific, separate, written terms as established between Ketuti and a user/Buyer/Seller.
- Subject to adherence to the Terms, Ketuti grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Ketuti.
USER REGISTRATION PROCESS
- In order to use the Website, you must complete the registration process detailed on the Website. Each user shall have only one (1) account and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
- To protect your privacy and security, the Website takes all reasonable steps to verify your identity by requiring a password and username/ID before granting access to your profile and data. To view or change your personal information provided, you can use the Login as Seller or Login as Buyer function on the Website.
- By entering your personal information on the Website, Ketuti is entitled to assume that the person using the Website is you. You are responsible for your account and you should not share your log-in details or password with anyone.
- You agree to enter the correct username and password whenever ordering Product on the Website, failing which you will be denied access. This is done for security purposes.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled by you in accordance with the Terms.
- You agree to notify Ketuti immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your account, username and password and to take steps to mitigate any resultant loss or harm.
- Ketuti requires you to submit your full name, physical address, e-mail address, phone number and banking details upon registration for the Website.
- If users wish to use SnapScan as a payment method, users will be required to set up a SnapScan account and will be bound to any SnapScan terms and conditions.
PAYMENT METHOD AND COMMISSION
- Please refer to the Seller Agreement for a full explanation of the payment terms relating to the Seller.
- The Buyer must pay the full price of the Product including any applicable taxes or fees, as represented as applicable, via the Website to the Seller, in order to reserve and purchase the Product from the Seller. All Products sold are final, subject to clause 5 below.
- All payments between Buyer and Seller are made via the Website’s verified payment methods listed below, where Ketuti will retain a commission and processing fee from the total purchase price of a Product, for its services rendered to the Seller, under the Seller Agreement, and thereafter, pay the balance of the purchase price to the Seller.
- All amounts shall be exclusive of any applicable taxes, subject to clause 4.7 below.
- Ketuti is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service providers.
- When purchasing Product off the Website, and following the payment prompts when ordering Product, payment can be effected using the following methods:
- SnapScan; or
- Electronic Fund Transfer
where, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery / delivery instructions to the Seller until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Product will be cancelled. You warrant that you are fully authorised to use the SnapScan or Electronic Fund Transfer information supplied for purposes of paying for the Product. You also warrant that your relevant accounts related to the payment method have sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
- All amounts shall be inclusive of Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law
- See FAQ page on how orders are fulfilled. You may contact us via email firstname.lastname@example.org to obtain a full record of your payment. We will also send you email communications about your order and payment.
- When SnapScan is used as a Payment Method:
- The Website uses SnapScan with registration number 1962/000738/06 (“SnapScan”) as a payment gateway to keep your banking details secure.
- Users must set up a SnapScan account and will be bound to any SnapScan terms and conditions as applicable from time to time.
ORDERS, SHIPPING AND RETURNS
- Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Ketuti liable if such Product is not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Product on offer is limited and that pricing may change at any time without notice to you. Ketuti will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Product is no longer available after you have placed an order, Ketuti will notify you and you will be entitled to a refund of any amount already paid by you for such Product.
- Ketuti shall take all reasonable efforts to accurately reflect the description, availability, purchase price, applicable taxes and shipping charges of Product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the provisions below.
- Once a Product is purchased by a Buyer, Ketuti will send an automated e-mail to both the Seller and Buyer confirming the sale and address to which the Product must be sent.
- Buyers and Sellers must communicate with each other using the [ASK A QUESTION] function to manage and facilitate, the transaction between them including any additional delivery or refund matters. All messages shared on this platform are subject to these terms and conditions and other Ketuti policies.
- The Product will be shipped with a tracking number within 5 business days by the Seller to the Buyer to the address provided by the Buyer in the registration process. Shipping time will vary depending on the location of the Buyer and subject to any terms agreed to between the Buyer and Seller.
- Any delivery costs, including but not limited to any import taxes or release fees, are to be paid by the Buyer and subject to any terms agreed to between the Buyer and Seller.
- Any applicable delivery charges or taxes in respect of a Product intended for purchase will be displayed to Buyers before concluding any transaction on the Website.
- If a Product needs to be returned for whatever lawful reasons, the Buyer shall contact the Seller and manage this process, including deliveries or refunds directly with the Seller. The Buyer must also contact Ketuti at email@example.com to log the return.
- A Buyer can return the Product to the Seller for any reason within 7 (seven) days from their receipt of the Product. The Buyer will be responsible for all return shipping costs to the Seller, and the Seller’s rights to receive any funds from either the Buyer or Ketuti will be subject to the terms of the Sellers Agreement.
- In the unlikely event the Product is received in a condition other than shown on the Website and is materially different from what the Seller has described on the Website, such as when the Product completely differs from its description, the Product’s condition was misrepresented, the Product is missing major parts or features and/or the Product was damaged during shipment:
- the Buyer must affect the return of the Product to the Seller within 7 (seven) days;
- the Seller will become responsible to pay the original and return shipping costs as well as refund the purchase price and any fees due to Ketuti as per the Sellers Agreement; and
- Ketuti reserves the right to disqualify and remove the Seller from the Website.
USER RESPONSIBILITIES AND WARRANTIES
- By using the Website, you warrant that:
- you have read and agreed to these Terms and will use the Website in accordance with them;
- you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;
- you have the legal capacity to understand and be bound by the Terms and are the age of majority in your country of residence and/or you have permission from your guardian to use the Website, if such permission is required;
- you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
- you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
- you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute (see the Intellectual Property Policy for more information);
- you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances or devices; and/or
- facilitate or assist any third party to do any of the above.
- The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
- Without prejudice to any of Ketuti’s other rights (whether at law or otherwise), Ketuti reserves the right to deny you access to the Website where Ketuti believes (in its reasonable discretion) that you are in breach of any of these Terms.
Ketuti does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
- By using the Website, you warrant that:
- A user is able to post comments on the [ASK A QUESTION] or other forums available at the time. These comments are moderated by Ketuti.
- Users have the ability to privately message any Seller about its Product through the Website using the Website’s messaging service. These messages are moderated by Ketuti.
- The views expressed via the messaging service are not necessarily condoned, approved, endorsed or supported by Ketuti, and are entirely those of a user.
- Ketuti has deemed as unacceptable, content that:
- is sexually explicit or suggestive or derogatory to any ethnic, racial, gender, or religious group;
- promotes any illegal activity; or
- may harass, defame, misrepresent or contain disparaging remarks about other people or users.
- Ketuti reserves the right to monitor or moderate any messages it deems to violate these Terms at its sole discretion, at any time, and without notice:
- remove a message that is deemed inappropriate or unsuitable for Ketuti platforms without notification to the offending user;
- give an offending user a warning; and
- stop or suspend a user’s use of any or all services.
- Users acknowledge that any content provided on the Website, including via the messaging system, enters an open, public forum, and is not confidential.
- Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you. These third parties may not necessarily have the same standards of data protection as Ketuti.
RECEIPT AND TRANSMISSION OF DATA MESSAGES
- Data messages, including e-mail messages, sent by you to Ketuti will be considered to be received only when acknowledged or responded to.
- Data messages sent by Ketuti to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
- Ketuti reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
- Whilst all reasonable care is always used by Ketuti, messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Ketuti is therefore not responsible for the accuracy of any message sent by email over the internet, whether from Ketuti to a user or from a user to Ketuti.
USE OF PERSONAL INFORMATION
USE AND DISCLOSURE OF INFORMATION
- If you have opted to receive e-mails from Ketuti, your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
- Ketuti agrees not to use the users’ provided electronic mail address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
- You have the right to opt out of receiving electronic mail communication by following the directions posted on every electronic mail communication.
- Ketuti may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
- Ketuti will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of Ketuti, its affiliates or the public. Ketuti may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
- Ketuti reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, Ketuti will notify you beforehand.
ACCESS TO AND ACCURACY OF YOUR INFORMATION
- Ketuti strives to keep the user’s personal information accurately recorded. Ketuti provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
- The user is entitled to request access to any relevant personal data held by Ketuti and where such access is necessary for you to exercise and/or protect any of the user’s rights.
- Users may request Ketuti to review the personal information which it holds and may request for Ketuti to delete such information. The deletion of any information may result in certain Website services being unavailable.
HYPERLINKS, DEEP LINKS, FRAMING
- The Website may include links to other internet sites ("the other sites"). Ketuti does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
- Ketuti does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to firstname.lastname@example.org and Ketuti will engage with you on removing the content.
- The user’s access and use of the other sites remain solely at the user’s own risk.
ADVERTISING AND SPONSORSHIP
- The Website may contain advertising and sponsorship from time to time. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable South African laws and regulations.
- Ketuti, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
- PLEASE SEE KETUTI’S DISCLAIMER FOR DETAILED, IMPORTANT INFORMATION.
- COMPANY INFORMATION
Site owner: 2016/524032/07
Legal Status: Ketuti is a (Pty) Ltd - private limited liability company
Registration Number: 2016/524032/07
Description of main business: E-Commerce / Online marketplace
Telephone number: +61 456 158 048 Whatsapp
E-mail address: email@example.com
Website address: www.ketuti.co.za
Physical address: Vos Street, Middelburg, Mpumalanga, South Africa
Postal address: Box 229, White River, South Africa, 1240
Registered address: Touys Street, White River, South Africa, 1240
- Should any dispute, disagreement or claim arise between a user and Ketuti concerning use of the Website, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, it shall be resolved with the assistance of any applicable regulator, or finally, in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.
- Disputes arising between a Buyer and Seller are to be managed and facilitated by mutual agreement between them, as private parties to their own transaction.
- Ketuti reserves the right to terminate and cancel your account if you breach any of the Terms, or for any other reason provided that Ketuti gives reasonable notice to you with written reasons for the cancellation.
- If you wish to terminate your agreement with the Terms and with Ketuti, you may do so by deregistering your account with the Website and discontinuing the use of the Website. However, no termination will affect any party’s rights to payments lawfully due and payable to them by another party under these Terms at the time of termination.
- In the event of cancellation of your agreement with the Terms and with Ketuti, Ketuti will remove the user from the Website, and pay any outstanding monies to the user, as the holder of a Website account.
NOTICES AND SERVICE ADDRESS
- Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of Ketuti, at
- in the case of Ketuti, at
- Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
Box 229, White River,
South Africa, 1240
- in the case of the user, at the e-mail and addresses provided by the user to Ketuti in the registration process.
- Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
- sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting;
- any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the date of delivery;
- transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (first) Business Day following the day of transmission.
- The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.
- Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
- Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
- No indulgence, leniency or extension of time granted by Ketuti shall constitute a waiver of any of Ketuti’s rights under these Terms and, accordingly, Ketuti shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
- Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
- The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
- The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
- Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising Ketuti of same.
- In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Ketuti in relation to the payment failure or breach.
- Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.1 mutatis mutandis.