Terms and conditions
TERMS AND CONDITIONS OF USER AGREEMENT OF THE PLATFORM
- ABOUT THE COMPANY
1.1 My tanklife.com is a virtual buying and selling platform (hereinafter the Platform), which allows users to buy and registered users to open their own e-shop to sell goods and services. Registered users that have an e-shop will be termed as “vendors” interchangeably with user.
1.2 The platform is managed by Consult Us Financial Services (PTY) LTD (trading as Consult Us BlueStar), Reg. no. 2011/008482/07, corner of Lynwood Rd and Alkantrant Street, Lynwood Manor, Pretoria, 0081.
1.3 By registering as a user of the platform (hereinafter User), the User confirms that they have read and agree to the terms and conditions of this User Agreement (hereinafter the Terms and Conditions) and undertake to comply with them.
- USER ACCOUNT
2.1 To use the Platform to sell goods and services, the vendor must register a store and log in by using their login credentials.
2.2 All users must keep their data used for logging in to the Platform confidential and prevents them from becoming known to third parties.
2.3 The User is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the address firstname.lastname@example.org
- HOW DOES MY TANKLIFE WORK?
3.1 The platform allows:
3.1.1 Opening a web store on the Platform;
3.1.2 Selling goods and services on the Platform;
3.1.3 Browsing, saving to favourites and buying products from other users;
3.1.4 Communicating with other platform users through private messages;
3.1.5 Sharing the ads of selling goods and services on various social media channels.
3.2 The Platform provides the money deposit service for the performance of sales contracts concluded by the Users in which the Buyer transfers the money to the account of the platform when making a purchase either via an EFT Payment or by using a credit or debit card.
3.3 It is only possible to make purchase and sales transactions in Rands on the Platform.
3.4 Description of the purchase/sales process:
3.4.1 The buyer finds the product or service of interest and makes the payment;
3.4.2 The money is transferred to the account of the Platform;
3.4.3 The Seller sends the goods to the Buyer with a shipping method as agreed upon between the Buyer and the Seller;
3.4.4 The Seller confirms the shipping or delivery of goods to the Buyer via the Platform;
3.4.5 The Buyer confirms the receipt of the goods through the Platform; the Buyer confirms that they are satisfied with the goods or services and agree to their payment to be transferred to the Seller’s bank account.
3.4.6 The Platform transfers the payment to the Seller’s bank account and the sales transaction is deemed to be completed.
- SERVICE FEES
4.1 A Vendor pays a commission fee calculated on the total price paid by the Buyer and may also pay a monthly rental fee for the use of the platform ;
4.1.1 Opening a shop and adding items to the Platform is free;
4.1.2 The commission fee and monthly rental will be negotiated between the vendor and the platform if no agreement was reached to use default rate card displayed on the vendor web page. Any fees may be updated from time to time through a negotiation process.
4.1.3 If user cancels the order after the payment, then the Platform has the right to deduct the commission fee from user’s account before payout;
188.8.131.52 If user cancels the order in accordance with 8.1.1 (Buyer has the right to return the item) then the Platform does not deduct the commission fee from user’s account.
4.2 The Seller chooses shipping service provider when listing item to the Platform. The price buyer pays on the Platform includes shipping.
- TRANSACTION SECURITY
5.1 In order to protect the interests of the Users of the Platform, the entire sales process must take place in the Platform environment. The Buyer must use only the payment methods and methods of transportation provided in the Terms and Conditions. The Buyer can pay for the goods credit card/debit card.
5.2 The Platform protects both the Buyer and Seller from potential fraud as follows:
5.2.1 After the purchase is made, the amount paid for the product or service is deposited on the account the Platform until the Seller has confirmed the shipping or delivery of the goods by clicking the ‘Item transferred’ button in that order.
5.2.2 After the goods have been shipped or the service has been provided, the Platform will wait for the Buyer to confirm the receipt of the goods.
5.2.3 If the Buyer has confirmed the receipt of the goods by clicking on the ‘Item received’ button in the corresponding order, The Platform will transfer the amount paid for the goods or service to the Seller’s account.
5.3 In order to avoid any disagreement between Buyer and Seller, we encourage the Seller and Buyer to communicate with each other on the Platform, and before making a purchase, make all relevant queries about the goods or services and answer them.
- DEADLINES FOR SHIPPING AND RECEIVING GOODS AND TRANSFERRING MONEY
6.1 The Seller has up to a 1 day grace period over their defined shipping policy processing time to ship their goods. In order to confirm the shipping of the goods, the Seller of the goods has to click on the ‘Update Shipping’ button on that order.
6.2 The platform will release payment made by the Buyer to the Seller once a week for all goods or the provision of the service delivered. The Seller enters the account details where they want the payment for the goods to be transferred during the store registration process.
- DISCLAIMER OF LIABILITY
7.1 The Platform is not the owner of the goods nor services sold on the Platform and does not participate in sales, purchases, or other transactions that occur between the Users of the Platform.
7.2 Sales agreements are concluded between the Users of the Platform without the representation and mediation of the Platform. Users are fully responsible for the execution of their sales agreements.
7.3 Complaints, queries, and claims regarding the goods or services on the Platform must be submitted directly to the Seller by using the message system on the Platform. The Platform is not responsible for resolving any differences between the parties to the sales transaction.
7.4 The Platform does not expect nor ensure the guarantee of the goods or services sold and does not review nor check the quality of the goods or services sold or the compliance with the description entered by the User.
7.5 The Platform is not liable for the truthfulness and lawfulness of the information published by the User on the Platform or for the User’s inappropriate or unlawful behaviour.
- RIGHTS AND OBLIGATIONS OF THE USER
8.1 The User confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Platform.
8.2 When using the Platform, the User undertakes to provide completely correct information, including true data on the quality and condition of the goods or services sold, as well as other details which may affect the Buyer’s decision to purchase a good or service.
8.3 To use the Platform, including to make sales transactions, the User undertakes to enter their valid e-mail address to the Platform and be available via e-mail.
8.4 The User undertakes to conduct only legal purchase and sales transactions through the Platform.
8.5 The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.
8.6 The User undertakes to ensure that their activities comply with laws and other legislation, including legislation regulating consumer protection, competition, and export and import of goods/services.
8.7 The User undertakes to ensure that their activities are in accordance with good manners.
8.8 The User confirms that they are aware that the obligation to declare and pay taxes (including VAT and income tax) on all service transactions lies with the User.
8.9 The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Platform, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User.
8.10 Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods or services to be sold must be submitted directly to the Seller using the Platform’s messaging system.
8.11 When concluding a sales agreement, the Seller undertakes to take back the goods if the User (Buyer) who made the purchase wishes to, within 7 days from the receipt of the goods, return the goods because the goods differ significantly from the description in the sales ad or from the photo of the product (see clause 10.2).
- RIGHTS AND OBLIGATIONS OF THE PLATFORM
9.1 The Platform is justified, at its own choice, to restrict or revoke the User’s access to the Platform, including changing the information published by the User on the Platform or stop the sale or close their User account and not allow them to re-register as a User if the User:
9.1.1 violates these Terms and Conditions;
9.1.2 has submitted information that is incorrect, misleading, or inaccurate when logging in to the Platform or using the Platform;
9.1.3 knowingly and intentionally disseminates false information on the Platform’s website, insults any other User in any way, or acts in bad faith;
9.1.4 the purchase or sales offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;
9.1.5 at least three complaints from other Users have been received about the User’s activity.
9.2 At any time, the Platform is entitled to monitor the activities on the Platform, including the purchase and sale offers made by the Platform Users.
9.3 The Platform and all its contents are copyrighted by The Platform. When uploading copyrighted product photos/sales ads on the website, the User transfers to The Platform the proprietary rights of the author that apply to the product photos/sales ads. The Platform has the exclusive right to, in any way, use, permit and prohibit their use, including reproduce, distribute, translate, adapt, add them to collections or databases, or communicate to the public the product photos/sales ads provided by the User.
- RETURN AND CLAIMS OF GOODS
10.1 If the User has a complaint about the service of The Platform, please contact us at admin@My tanklife.co.za and submit your name and contact details, and briefly describe the content of the complaint. The Platform will respond to the complaint as soon as possible, but not later than within 5 working days.
10.2 If the goods differ significantly from the description given in the sales ad or the photo of the product and the Buyer therefore wishes to return the goods to the Seller, the following must be done:
10.2.1 The Buyer must send a message to the Seller, indicating their wish to return the goods, via the Platform within 48 hours of receipt of the goods, and agree on the place and way of returning the goods. There is no right of return if it is prohibited by South African law for a particular type of good or service.
10.2.2 The right of return cannot be executed if the Buyer has received the goods and confirmed their satisfaction with the goods on the Platform or if more than 48 hours have passed from the receipt of the goods.
10.2.3 The Buyer undertakes to return the goods in the same condition.
10.2.4 The money will remain in the account of The Platform until the goods are returned to the Seller. The cost of returning the goods is borne by the Buyer, unless the Seller and the Buyer agree upon otherwise.
10.2.5 To confirm the return of the goods, the Seller must, after they have received the goods from the Buyer, click on the ‘Cancel order’ button on the Platform for the specific sales order. In this case, The Platform will return the money to the Buyer.
10.3 In the event of unresolvable disputes between the Buyer and the Seller, The Platform may assist in resolving the disputes as follows:
10.3.1 To resolve disputes between the Buyer and Seller, it is possible to turn to The Platform 21 days after submission of the purchase order at email@example.com.
10.3.2 To resolve the dispute between the Seller and the Buyer, The Platform has the right to request additional information from both parties and to use the information on the Platform about the communication between the Buyer and the Seller, including the content of the messages sent on the Platform.
10.3.3 To resolve the disputes as quickly as possible, the Buyer and Seller undertake to actively cooperate and respond to inquiries made by The Platform within 48 hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 hours, The Platform has the right to make a decision in favour of the other party to the dispute.
10.3.4 If the Buyer submits a claim for the purchased goods, the Seller must be ready to prove the shipping of the goods by presenting a document (such as a waybill/proof of shipment) certifying the operation of the selected mode of transport or prove the shipping of the item in another verifiable way. If the Seller fails to prove the shipping of the goods, The Platform may settle the claim in favour of the other party.
10.3.5 If the Buyer claims that the goods are not in conformity with the description in the sales ad and the Buyer and the Seller do not reach an agreement on the return of the goods, The Platform will decide, based on the available information, in whose favour the claim is settled.
10.3.6 The decisions to settle a claim may, depending on the willingness of the parties to settle the claim promptly, include:
10.3.6.1 The claim is settled in favour of the Buyer and the money is returned to the Buyer’s account within 7 days of making the respective decision; the prerequisite of the decision is the return of the goods to the Seller and the Seller’s confirmation of receipt of the goods at firstname.lastname@example.org.
10.3.6.2 The claim is settled in favour of the Seller and the money is transferred to the Seller’s account within 7 days of making the respective decision; the Buyer keeps the goods of the claim.
10.3.6.3 The claim cannot be resolved regardless of the efforts of The Platform. In this case, the money will remain in the account of The Platform until the Buyer and the Seller confirm that they have reached an agreement at email@example.com. If, within 30 days, the Buyer and Seller have not reached an agreement and the respective confirmation is not sent to firstname.lastname@example.org, The Platform will decide, based on the available information, the amount of money returned to the Buyer and/or Seller or whether the money will remain in the account of The Platform.
10.3.6.4 If an agreement is not reached in any of the ways listed above, the User has the right to turn to the National Consumer Commission http://www.thencc.gov.za/ when buying goods or services from an economic or professional trader. If the private Seller operates outside the economic and professional field, the Users can turn to the court to resolve the dispute.
10.4 After resolving disagreements between Buyer and Seller, The Platform has the right to close the User account, inter alia, if:
10.4.1 The User has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim;
10.4.2 It becomes evident that the Seller has confirmed the shipping of the goods but has not actually shipped the goods to the Buyer;
10.4.3 The Buyer has not paid for the goods/services to be purchased despite the conclusion of the purchase agreement;
10.4.4 The User has filed an unsubstantiated claim against another User or provided false information;
10.4.5 There are repeated complaints about the Seller’s goods.
10.4.6 There is a suspicion of recurrently selling goods that do not correspond to the description and a suspicion of deliberate fraud.
11.1 The Platform collects only such personal data from the User that arise during the use of the Platform pursuant to the User’s activities on the Platform. Such data is, for example, data in the User’s profile, information provided during the sale of a product, and data saved from all other activities provided on the Platform (saving a product/another User, making a purchase, sending messages, etc.).
11.2 The Platform has the right to process data that The Platform has received from the User when logging into the Platform and that the Platform has asked during the use of the Platform or which is collected about the User when otherwise using the Platform for the purposes and to the extent specified in the Terms and Conditions.
11.3 The User consents to The Platform processing their personal data for the purposes and to the extent specified in the Terms and Conditions. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the user account.
11.4 The Platform uses the User’s personal data to provide, develop, and personalise the Platform’s service.
11.5 The Platform has the right to use the User’s personal data and transfer them to third parties selected by The Platform to cooperate with them to ensure the quality and availability of The Platform services, as well as expand, improve, and otherwise develop the services offered by the Platform
- AMENDING THE TERMS AND CONDITIONS
12.1 The Platform has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Platform and the services offered and in the interest of their better and safer use.
12.2 The Platform undertakes to notify the User of any amendments to the Terms and Conditions by means of notices, messages, or e-mails published on the Platform.
12.3 Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Platform, about which the Platform sends a notification to the User.
12.4 The User confirms their acceptance of the amendments to the Terms and Conditions by continuing to use the Platform after the respective amendments become effective.
- FINAL PROVISIONS
13.1 Legal relations between the User and The Platform arising from the use of the Platform are governed by the laws of South Africa.
13.2 The User and the Platform will try to resolve disputes arising from the use of the Platform through negotiations. If an agreement is not reached, then depending on the nature of the case, the dispute will be resolved by South African Small Claims Court or Local Magistrates Court.
13.3 The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and the Platform. The User has the right to terminate the legal relations regulated by the Terms and Conditions at any time by fulfilling their existing obligations to the Platform and other Users beforehand.
13.4 All messages and information between the User and the Platform are exchanged electronically at email@example.com