Terms & Conditions

Terms & Conditions

Terms and Conditions of Use

“Dashboard” shall mean the feature of the iMadeit.co.za service through which you manage your content and Account

“Exempt product” all products sold through the iMadeit.co.za store

“fees” means any charges which iMadeit.co.za charge in terms of Clause 3 and iMadeit.co.za Fee Policy;

“Fee Policy” means the policy as at http://www.iMadeit.co.za/sell

“Guest user” means a user who uses the site without registering an account

“iMadeit.co.za Marketing Materials” means any images, links, documents or other marketing materials pre-approved and provided by iMadeit.co.za to you via the marketing materials area in the Dashboard that you are authorised to use

“iMadeit.co.za Store” means the store created to sell exempt products, and shall be treated as any other seller created store.

“iMadeit.co.za Rating system” a service that may or may not be running at present, that allows for users to rate sellers

“Indemnified Party” means iMadeit.co.za, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of iMadeit.co.za, and each of their respective officers, employees, contractors, consultants and agents from time to time;

“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trade marks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;

“Standard Fee Plan” means the fee plan as at www.iMadeit.co.za/sell

“Privacy Policy” means the policy as at www.iMadeit.co.za/privacy-policy

“product” shall mean and include, but not be limited to: fashion, apparel, accessories, film, photography, video, vouchers, music, prints, paintings, sculptures, digital media, design and consulting services.

“Prohibited products” shall mean products you may not offer for sale, or sell. This includes product you are prohibited from advertising or selling by any applicable local, provincial, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following products:

(a) firearms, explosives, or weapons;

(b) food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;

(c) any products that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors;

(d) any controlled substances;

(e) any products that are counterfeit or stolen;

(f) any dangerous products;

(g) any goods or services that do not, in fact, exist;

(h) any registered or unregistered securities;

(i) any products that violate or infringe the rights of other parties;

(j) any products that you do not have the legal right to sell; or

(k) any products where advertising, offering for sale or selling through iMadeit.co.za or the service would cause iMadeit.co.za to violate any law.

“Registration Data” means the information about users as requested by various iMadeit.co.za registration forms

“seller” an active, authorized registered user of iMadeit.co.za who has created a store on the iMadeit.co.za service in order to list, promote, market and sell product;

“services” iMadeit.co.za shall provide you with the “iMadeit.co.za service” or the “service” which is a proprietary Internet-based Software as a service (“SAAS”) system that facilitates the trade between sellers and buyers of product

“site” or “website” means the Internet website by which iMadeit.co.za offers the services from time to time, currently www.iMadeit.co.za.

“Beginner Fee Plan” means the fee plan as at www.iMadeit.co.za/sell

“Third-Party payment provider” means any third party that processes payments on behalf of users, namely PayFast at present

“Transaction” is created when a buyer completes iMadeit.co.za’s checkout process;

“user” or “users” means any buyer(s) or seller(s), or someone who is otherwise using the site;

user Account The registering of user information through the iMadeit.co.za service, in order to either create a store and sell product through iMadeit.co.za or in order to purchase product through iMadeit.co.za;

“VAT” means any value added tax, or other consumption tax;

“we”“us”“our”“ourselves” and “iMadeit.co.za” are used interchangeably in this agreement and all mean iMadeit.co.za;

“you” or “your” means you, whether as a buyer and/or you as a seller, as the case requires, or otherwise, and your successors and permitted assigns; and

“your information” includes all information you provide to us in using this site, including, without limitation, as applicable:

(a) your registration details, including name and address details;

(b) your credit card details;

(c) the information about any goods and services that you post on this site;

(d) the information that we learn about you as a result of your use of this site, including without limitation, through the goods and services you post on this site if you are a seller, and the goods and services you purchase if you are a buyer.

“Start Up Phase”  is the initiation of the website. It is the phase in which product mix and optimisation will take place. It is an experimental phase. The end of the start-up phase will be communicated 30 days prior along with the parameters for the next phase. Sellers will have the option to exit obligation free during the start-up phase at any point. When we move into the next phase of the website, if the Seller feels they wish not to continue, there will be no consequences to exit the agreement.

PART 2:

1. Trading on this site

1.1 In order to create a profile and sell product through the iMadeit.co.za service you will have to create and register a user account and in order to purchase product through the iMadeit.co.za service you may have to create and register a user account (the “Account”). At all times you represent and warrant that:

1.1.1. your registration data is true, accurate, current, and complete (apart from optional items); and

1.1.2. you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If iMadeit.co.za suspects that your Registration Data is untrue, inaccurate, not current or incomplete, iMadeit.co.za has the right to suspend or terminate your account and refuse any and all current or future use of the website or service.

1.1.3. you may never use another’s account without permission.

1.1.4. you are solely responsible for the activity that occurs on your account, and

1.1.5. you must keep your account password secure.

1.1.5.1. you must notify iMadeit.co.za immediately of any breach of security or unauthorized use of your account.

1.1.5.2. you will be liable for any use made of your account or password and the losses of iMadeit.co.za or others due to such unauthorized use.

1.1.5.3. iMadeit.co.za will not be liable for your losses caused by any unauthorized use of your account.

1.1.6. All Registration Data becomes the exclusive property of iMadeit.co.za, its affiliates, successors in interest, and subsidiaries.

1.1.6.1. iMadeit.co.za reserves the right to use and reuse all Registration Data subject to the iMadeit.co.za Privacy Policy at www.iMadeit.co.za/privacy- policy.

1.1.7. iMadeit.co.za shall have the right to rely, without further inquiry, on provision of the user identification(s) and password(s) as sufficient to authenticate use of the iMadeit.co.za service.

1.2. Apart from any exempt products, iMadeit.co.za is not involved in any sale and purchase of any goods and services on this site, save for providing a venue for the sale of products and services, excluding prohibited products, and as such you hereby

1.2.1. are not, nor do we represent or hold ourselves out as the manufacturer or agent of any such manufacturer or sales representative of any such manufacturer, of any goods offered for sale and/or sold on this site;

1.2.2. have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 4.5

1.2.3. have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this site are legally able to be sold.

1.2.4. cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this site will be accurate;

1.2.5 have absolutely no control over, nor do we represent or hold out that a seller or buyer will perform their respective sale and purchase obligations of goods or services on this site;

1.2.6. cannot and do not control, nor do we represent or hold out that a buyer will pay for the goods and services that he/she has ordered on this site;

1.2.7. cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective buyer by the respective seller

1.2.8. cannot and do not represent nor hold out that we can confirm that each buyer and seller is who they claim to be;

1.2.9. cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken, confirm any matters relating to any credit card details supplied to us by a buyer or seller (as the case may be) under this agreement, including without limitation, that the:

1.2.9.1. credit card details of any buyer or seller (as the case may be) are correct;

1.2.9.2 credit limit has not been exceeded;

1.2.9.3 credit card has not been reported stolen;

1.2.9.4 buyer or seller is entitled to authorised use of the credit card; or

1.2.9.5 credit card is otherwise being lawfully used; and

1.3. iMadeit.co.za will not become involved in any dispute between any buyer and seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this site, or with this agreement, subject to provisions of clause 16.4

1.4. We do not act as agent for either the seller or the buyer in either the making of the offer, by the placement of the goods on the site for sale, or the acceptance of such offer.

2. The iMadeit.co.za service

2.1. The iMadeit.co.za service allows an active, authorized registered user of iMadeit.co.za to create a store on the iMadeit.co.za service in order to list, promote, market and sell product (the “seller”).

2.1.1. The iMadeit.co.za service enables you the seller to:

(a) upload content;

(b) add, edit and manage content; and

2.1.2. The iMadeit.co.za service allows an active, registered user or a “Guest user” of the iMadeit.co.za service to locate and purchase product via the iMadeit.co.za service (the “buyer”).

2.2. We will provide you with the iMadeit.co.za service.

2.2.1. We will provide you with a username and password in order to login as required.

2.2.2. We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).

2.3. you agree to provide all necessary equipment, network connections and software to access this site.

2.4 you agree that iMadeit.co.za may restrict and/or terminate its services to you at any point in time if iMadeit.co.za, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.

2.5. iMadeit.co.za facilitates the communication between users on the iMadeit.co.za service. We accept no responsibility or liability for the content of user to user communications on the service.

2.6. The iMadeit.co.za service is “as is” and no refunds will be provided for fees.

2.7. Right to Use the iMadeit.co.za service.

2.7.1. Subject to the terms and conditions of this agreement, and limited solely to the extent necessary to use the iMadeit.co.za service,

2.7.2. iMadeit.co.za hereby grants you a limited, revocable, non-exclusive, non- transferable, worldwide right to use the iMadeit.co.za service solely for the purposes described in this agreement.

2.7.3. All rights not expressly granted to you are reserved by iMadeit.co.za. Except as expressly permitted by iMadeit.co.za, and you shall not:

2.7.3.1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the iMadeit.co.za service in any way;

2.7.3.2. modify or make derivative works based on the iMadeit.co.za service;

2.7.3.3. reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the iMadeit.co.za service;

2.7.3.4. rent, lease or otherwise transfer rights to any aspect of the iMadeit.co.za service; or

2.7.3.5. take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the iMadeit.co.za service. you further agree that upon termination or expiration of this right, you shall no longer have the right to use the iMadeit.co.za service.

2.8  iMadeit.co.za will add a delivery charge to your product based on the size and weight supplied by you. If this information is incorrect and additional charges are incurred, the seller is held liable for the cost. This will be deducted from the payout.

2.9 iMadeit.co.za will facilitate the courier logistics between the seller and buyer.

2.9.1 The seller needs to disclose lead times within the product listing and is compelled to abide by the agreed timelines.

2.9.2 If any missed collections happen at the fault of the seller and a cost is incurred, the seller will be held liable for the cost and it will be deducted by the payout.

3. Fees

From 1 January 2016 iMadeit.co.za enters into a “Start Up” phase. If you sign up an account ticked the terms and conditions you indicate the following is understood:

The understanding is that iMadeit.co.za  will retain no commission for the sale of these products during the Start Up phase. iMadeit.co.za will also not request any  fees during this period. iMadeit.co.za  will also pay the Seller within 24 hours of the order being delivered to the customer.

iMadeit.co.za  will cover all courier fees for collection of product from Seller and delivery to the customer, through additional cost added to the customer’s invoice.

Quality of the product is the Seller’s responsibility and replacement of items will be at the Seller’s cost. Should a product be returned, in accordance with the terms and conditions, the seller is obligated to cover the fees to return the product. Courier fees of a replacement will be for the Seller’s account, if the return was due to a quality issue.

Products will be uploaded by the seller once they have registered a profile on iMadeit.co.za and products can only be displayed if the following conditions are satisfied:

  • A clear photo (under 5MB and cropped to 400x400px)
  • Product code per product (optional)
  • Price per product
  • Description of the product
  • Stock on hand of product
  • Dimensions of the product (Length x width x height and include weight)
  • Delivery lead times

Orders place on the website will be completed as such:

  1. An email from iMadeit.co.za advising of the order requirements will be sent with a proposed collection date
  2. Seller will agree to the collection date and prepare the product for collection (Seller to provide own packaging for courier)
  3. Seller to hand over parcel to courier so that iMadeit.co.za can advise the client
  4. iMadeit.co.za will pay the Seller within 24 hours of delivery of the product to the customer into the bank account provided to.

Termination of this understanding requires a 30-day notice period and can be instituted by either party. Once the start-up phase has concluded the terms stipulated below will apply. The end of start up phase will be communicated 30 days prior to the end. Any new sellers during this 30-day notice period will sign up to one of the fee structures outlined in 3.3.1 and will have to adhere to the conditions below.

3.1. you are responsible for all transaction fees and other fees (the “fees”) you have agreed to via the iMadeit.co.za service.

3.2. iMadeit.co.za charges you a percentage of the sale price when your product sells. This will be agreed upfront before approval of seller account.

3.3. iMadeit.co.za’s Fee Policy is subject to change and can be found at www.iMadeit.co.za/sell. For clarity it will be dealt with briefly hereunder

3.3.1. In terms of iMadeit.co.za’s Fee Policy

3.3.1.1. There are no fees to join the website or to list products

3.3.1.2.If you product proves to be successful, iMadeit.co.za reserves the right to add a mark up on the product to re-invest into the platform

3.4. As stated fully in our Fee Policy, upon a seller making a sale, commissions shall automatically be deducted and payments to seller will then be effected on a per order basis by iMadeit.co.za.

3.4.1. A statement will be made available to you upon request

3.5 The seller can opt to pay additional fees for additional marketing services listed in the fee policy. The payment for additional marketing services is due upfront.

3.5. Changes to the fees are effective at the time you accept the fees or after iMadeit.co.za provides you with at least fourteen (14) days notice by posting the changes on the website. Notwithstanding the foregoing, iMadeit.co.za may choose to temporarily change the fees for iMadeit.co.za’s services for promotional events. Such changes are effective when iMadeit.co.za posts the temporary promotional event on the website

3.6. iMadeit.co.za may, at iMadeit.co.za’s sole discretion, change some or all of iMadeit.co.za’s services and fees at any time. In the event iMadeit.co.za introduces a new service, the fees for that service are effective at the launch of the service.

3.7. you are responsible for paying all fees and applicable taxes associated with using the iMadeit.co.za service.

3.8. iMadeit.co.za’s obligations hereunder are conditioned upon your fulfilment of all payment obligations to iMadeit.co.za. If you fail to meet your obligations then iMadeit.co.za shall have the right to suspend delivery of the iMadeit.co.za service to you, in whole or in part.

3.8.1. Any dispute or claim concerning calculation of fees charged must be brought to the attention of iMadeit.co.za by e-mail to info@iMadeit.co.za within forty-five (45) days following the statement date, accompanied by the details forming the basis for such dispute or claim. Failure to follow the procedure set forth in the preceding sentence shall serve as sufficient reason for iMadeit.co.za to reject such claim without further liability.

3.9. you may close your account by notifying iMadeit.co.za via the iMadeit.co.za service.

3.10. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.

3.11. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this site.

3.12 We reserve the right in our sole discretion to alter or remove any services or withdraw any services offered. In the event that we introduce a new service, any fees for that service will take effect from the launch of that service, unless otherwise stated.

3.14. users are given the right to sell items on this site by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of iMadeit.co.za; we further reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.

4. Seller

4.1. Subject to this Clause 4 and Clause 3, you may post the goods and services that you wish to offer for sale on the site.

4.2. you agree that we or our nominated agent may undertake any necessary credit checks on you if necessary.

4.3. In addition to any other rights we may have under this agreement, if you fail to comply with Clause 4.2, we may prevent you from or using the services of this site.

4.4. you agree and warrant to the buyer of those goods and services and separately to us that:

4.4.1. your information:

4.4.1.1. is accurate and not false, misleading, deceptive or fraudulent;

4.4.1.2. does not breach any Intellectual Property Rights of a third party;

4.4.1.3. is made in compliance with all applicable laws, government regulations or guidelines;

4.4.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;

4.4.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

4.4.1.6. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

4.4.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature; and

4.4.1.8. does not contain child pornography, bestiality or any other obscene or offensive material;

4.4.2. you are the legal owner of the goods and services you are offering for sale on this site and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful buyer;

4.4.3. you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this site;

4.5 In addition to Clause 4.4, you represent and warrant to us and separately to the successful buyer that:

4.5.1. the goods and services you offer for sale and sell, on this site:

4.5.1.1 are reasonably fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to matters including, without limitation, the description of those goods and their price; and

4.5.1.2. correspond with the description that you have posted on this site; and

4.5.1.3. if sold in bulk, will correspond with any samples; and

4.5.1.4. are not defective; and

4.5.1.5. is free of any charge or encumbrance such that the buyer will be able to enjoy quiet possession of those goods;

4.5.2. the services you offer for sale, and sell, on this site:

4.5.2.1. will be rendered with due care and skill; and

4.5.2.2. any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and

4.5.2.3. if the buyer has made it known to you the particular purpose for which the services are required or the result the buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;

4.5.3. the goods and/or services you offer for sale, and sell on this site:

4.5.3.1. will be offered for sale, and sold, in compliance with the laws of the Republic of South Africa and especially that of the Consumer Protection Act that became effective 1 April 2011;

4.5.3.2. are legally able to be offered for sale, and sold on this site, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.

4.6. In the information provided about the goods or services the seller offers for sale, or sells on this site, the seller must set out the terms and conditions for sale of those goods or services, including the following:

4.6.1. payment terms;

4.6.2. terms of delivery;

4.6.3. returns policy;

4.6.4. taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the buyer; and

4.6.5. unless stated to the contrary, any value will be construed to refer to South African Rands;

4.6.6. and the seller agrees that such terms and conditions will include any matters prescribed by us under this agreement.

5. Buyer

5.1. you agree and warrant to each seller and separately to us that:

5.1.1. your information:

5.1.1.1. is accurate and not false, misleading, deceptive or fraudulent;

5.1.1.2. does not breach any Intellectual Property Rights of a third party;

5.1.1.3. is made in compliance with all applicable laws, government regulations or guidelines;

5.1.1.4. is not forged, threatening or offensive or otherwise constitutes harassment;

5.1.1.5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;

5.1.1.6. does not contain any viruses, worms, Trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;

5.1.1.7. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;

5.1.2. you have the legal capacity to purchase any goods or service and, will not otherwise be breaching any law in purchasing those goods or services;

5.1.3. you will not make an offer to purchase any goods or services on this site unless you are able, and have sufficient, available capacity to pay for those goods or services;

5.1.4. the purchase of any goods and/or services on this site is absolutely at your own risk;

5.2. you agree that you will utilise the buyer payment options made available to you by iMadeit.co.za, namely;

5.2.1. the use of the third- party payment provider; or

5.2.2. credit card payments via Payfast

5.2.3. an Electronic Fund Transfer (EFT) into iMadeit.co.za’s account

6. Transaction between seller and buyer

In addition to this clause and clause 4 and clause 5.

6.1. When you place an order on iMadeit.co.za, you are entering into a direct transaction with an individual seller (facilitated by the iMadeit.co.za service).

6.2. Once transaction is completed the buyer must pay the seller utilising payment options made available by iMadeit.co.za

6.2.1. payment may be made into iMadeit.co.za accounts, but iMadeit.co.za is simply holding the funds for the relevant seller, as is more fully explained in Clause 3.4.

6.3. All sales are binding.

6.4. iMadeit.co.za is obligated to co-ordinate shipment of the order but the seller is obligated to abide by the shipment agreements or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as:

6.4.1. the buyer fails to meet the terms of the seller’s listing, or

6.4.2. the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

6.5. you may rate a seller using the iMadeit.co.za through an email to info@imadeit.co.za

6.5.1. the seller agrees that feedback, comments and ratings scores may be provided about them;

6.5.2. you are only permitted to rate a user who is a seller if you have interacted (completed a transaction) with that seller;

6.5.3. you are responsible for the rating being fair, reasonable and in no way malicious. Comments and ratings cannot be edited once submitted. Therefore please be cautious when adding your comment, as you are unable to edit it once you have submitted it. You could also be held liable for damage(s) to the seller if legal proceedings are taken against you for your comment.

6.5.4. you may not abuse the rating system. Abuse of the system includes using accounts of your friends or your own secondary accounts to lower the rating of another user or raise your own rating. Threatening, abusive, racially vilifying, discriminatory or profane language is also abuse of the system and is not allowed.

6.5.5. We would like to promote and preserve free speech and therefore will remove feedback only in exceptional circumstances.

6.5.6. iMadeit.co.za will not be held responsible for the rating the seller is given, and for any comment remaining on the site.

6.6. In the case of all disputes between a seller and buyer, refer to clause 16.4.

7. The iMadeit.co.za Dashboard.

7.1. By using the iMadeit.co.za service you may make numerous selections about your account and the ingestion, presentation, management, marketing, and distribution of your content via the iMadeit.co.za Dashboard.

7.1.1. you may change your selections regarding each to the extent permitted by the Dashboard.

7.1.2. In all cases, your last submissions reflected in the iMadeit.co.za database shall be conclusive in the event of any dispute.

7.2. users may edit, update or alter their personally identifiable information at any time via the Dashboard and/or by following the instructions located in the iMadeit.co.za Privacy Policy.

PART 3: GENERAL TERMS AND CONDITIONS

8. iMadeit.co.za May Change These Terms and Conditions

8.1. We have an absolute discretion to change the terms of this agreement at any time.

8.2. By accepting this agreement, you also agree to accept and be bound by any changes made by us under this Clause 8. In any event, your continued use of the services after any changes to the terms of this agreement have taken effect in accordance with Clause 8.1, will be deemed to be your acceptance of those changes to the terms of this agreement.

9. Compliance with These Terms and Conditions

9.1 you agree to promptly inform us of any breach by you of the terms of this agreement and of any conduct of another user that you think may be a breach of this agreement, whether the conduct has ceased, is continuing, or may occur in the future.

9.2. you agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this agreement. If we do, then we will respect your confidentiality, unless:

9.2.1. doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;

9.2.2. the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or

9.2.3. we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.

9.3. If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).

9.4. If you:

9.4.1. infringe or are suspected of infringing the Intellectual Property Rights of any other person;

9.4.2. are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this site or any other web site; or

9.4.3. have an overdue payment on your iMadeit.co.za Account; or

9.4.4. otherwise breach this agreement; we may, in our absolute discretion:

9.4.4.1. withhold from you, your use of any or all of the services, and access to your information;

9.4.4.2. delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;

9.4.4.3. restore the services if and when you can demonstrate clear and complete adherence to the terms of this agreement on a permanent and consistent basis; and

9.4.4.4. terminate the agreement that we have entered into with you, and cancel our obligations to provide the services, if we are not satisfied that you will clearly and completely adhere to the terms of this agreement, on a permanent and consistent basis, if the services are restored to you.

10. Use of site

10.1. In using this site, you must not:

10.1.1. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

10.1.2. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

10.1.3. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;

10.1.4. offer, sell, export any goods and services if this breaches any law applicable to you; and

10.1.5. engage in any practice or conduct that is unlawful under any laws applicable to you;

10.1.6. copy, modify, or distribute rights or content from our sites, services or tools or iMadeit.co.za’s copyrights and trademarks;

10.1.7. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on iMadeit.co.za without the express permission of iMadeit.co.za

10.2. Any links or references (direct or indirect) to other web sites on this site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.

10.3. The information and material contained on this site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

10.4. Using information about other iMadeit.co.za users –

10.4.1. you agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

10.4.1.1. iMadeit.co.za-transaction-related purposes that are not unsolicited commercial communications;

10.4.1.2. using services offered through iMadeit.co.za; and

10.4.1.3. other purposes a user expressly agrees to.

10.4.2. you agree to respect other users’ privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

11. Entering into this agreement

11.1. you represent and warrant to us:

11.1.1. if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this agreement and performing your obligations under this agreement; or

11.1.2. if you are a juristic entity:

11.1.2.1. that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and

11.1.2.2. entering into this agreement does not violate your Constitution; and

11.1.2.3. you have the power and have taken all corporate and other action required to enter into this agreement and to authorise entering into this agreement and performing your obligations under this agreement.

11.2. Transactions in case of a minor

11.2.1. If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of iMadeit.co.za, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.

11.2.2. If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and iMadeit.co.za.

11.2.3. We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should iMadeit.co.za, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.

11.2.4. To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.

12. Licence of, and Use of, your Information

12.1. you hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty- free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.

12.2. you further hereby grant iMadeit.co.za the right to use your trademark, logo and content (“your Branding”) in any particular marketing and/or promotional campaign initiated by iMadeit.co.za in all forms of media both physical and digital.

12.2.1. you agree to:

12.2.1.1. permit iMadeit.co.za to utilize your Branding in marketing materials and on its website; and

12.2.1.2. permit iMadeit.co.za to identify you as a customer.

12.3. you are not authorized to use the iMadeit.co.za trademark or logo (the “iMadeit.co.za Branding”) in any manner without the express written consent from iMadeit.co.za.

12.3.1. Notwithstanding the foregoing, you are authorized to use the iMadeit.co.za Marketing Materials

12.4. Subject to Clause 12.1. to Clause 12.3., we agree to use your information only in accordance with the Privacy Statement below and further hereby acknowledge and agree as follows:

12.4.1. you shall retain all right, title and interest, including all intellectual property rights, in and to any of your content and your branding you provide to iMadeit.co.za and any other property, and/or material belonging to you, and nothing in this agreement shall confer any license or right of ownership in such material; and

12.4.2. iMadeit.co.za shall retain all right, title, and interest, including all intellectual property rights, in and to any of the iMadeit.co.za service, iMadeit.co.za branding, website, and technology provided by iMadeit.co.za, and any other property, and/ or material belonging to iMadeit.co.za, and nothing in this agreement shall confer any license or right of ownership in such material.

Contact Details

Collinge Holdings (PTY) LTD T/A iMadeit.co.za
Telephone: (072) 262 4686