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Terms Of Use

This Agreement is a binding agreement between you and Marakeng (Markeng.co.za, related mobi-sites and software applications which is owned by Dropship Couriers (Pty) Ltd. It sets out the terms and conditions governing you selling and purchasing goods and services on Marakeng and its general use.

By entering any and all personal information on this Site in the creation of an account, in registering with Marakeng, in making a sale or purchase, by accepting this Agreement, you consent to the processing of your personal information by Marakeng in terms of the Protection of Personal Information Act.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

DEFINITIONS

“Agreement” means these terms and conditions, the Marakeng User Agreement, the Billing Statement, the Rating Systems Rules, the Listing Policy, the Verified User Agreement, the Privacy Statement, the Affiliate Terms and Conditions, the SMS Terms & Conditions, the Mobile Device Terms & Conditions, the Stores Terms & Conditions, and the Buyer Protection Programme Terms & Conditions;

“Marakeng Guidelines” means the guidelines issued by Marakeng from time to time governing the offering for sale and sale of, and the offering to purchase and purchase of, goods and services on this Site;

“Buyer” means a person, firm or company who purchases, any goods offered for sale on this Site;

“Price” means the price specified by the Seller for goods offered by the Seller for sale;

“Final order value” means the higher of the “Item sales value” together with any shipping charges, OR the “Total order payment”

“Final order value fee” means a fee adjustment that is charged to a seller account, calculated on the difference between the “Final order value” and the “Item sales value”, multiplied by the lowest category success fee percentage, excluding VAT

“Indemnified Party” means each of Marakeng, its Directors, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Marakeng, 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 trademarks, 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;

“Item sales value” means the total value of all items included in an order together with any other additional options selected on such items during checkout, excluding shipping charges or duties.

“Listings” means the offering for sale, placing of or creating of any type of buy now on this Site;

“Personal information” or “Your information” means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site including, but not limited to:

  • Your registration details including your name, address, telephone and fax numbers;
  • Your credit card details or any other financial information;
  • Unique identifiers including your company name and VAT number;
  • 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 bid for and/or acquire if you are a Buyer;
  • The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
  • That information defined as personal information in section 1 of the Protection of Personal Information Act.

“Seller” means a person, firm, company or entity that offers for sale, or sells goods on this Site

“Site” or “Website” means the Internet website by which Marakeng offers the Services from time to time, currently www.marakeng.co.za.

“Total order payment”means the cumulative total of all payments made and allocated to an order excluding any payments that have been reversed from such orders.

“user” or “users” means any Buyer or Seller, or someone who is otherwise using the Site;

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

“we”“us”“our”“ourselves” and “Marakeng” are used interchangeably in this Agreement and all mean Dropship Couriers (Pty) Ltd;

“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;

Use of the website

Our website hosts a large category of goods and or services and enables you to shop items including but not limited to sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys, pet supplies, and more (“Goods”).

Marakeng allows third party sellers to list and sell their Goods on the Website (referred as a “Third Party Seller”). Marakeng will indicate the Seller of an item on its checkout pages.

  1. You agree to provide all necessary equipment, network connections and software to access this Site.
    1. Registration for purchase isn’t compulsory but will enhance once ability for speed delivery and communication and or update.
    1. To register as a user, you must provide a unique username and password and provide certain information and personal details to Marakeng. You can use your unique username and password to access the Website in order to purchase Goods, and or view your order progress and history.
    1. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      1. not be disclosed by you to any third party.
    1. 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, save where the order is cancelled by you in accordance with these Terms and Conditions.
    1. You agree to notify Marakeng immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    1. You agree that Marakeng may restrict and/or terminate its services to you at any point in time if Marakeng, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
    1. 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 these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    1. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Marakeng representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    1. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    1. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Marakeng representative.
  2. Conclusion of sales and availability of stock
    1. Users may place orders for Goods, which Sellers may accept or reject. Whether or not Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limiting the price) and receipt of payment or payment authorisation by Marakeng for the Goods.
    1. NOTE: Third Party Seller will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Marakeng stating that your order or payment has been confirmed. Marakeng will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    1. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery, you may return the Goods only in accordance with the Returns, Exchange and Refund Policy.
    1. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 Marakeng or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    1. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. We cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Marakeng will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
  • Payment
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology and are managed by a “Grade A” payments clearing provider; in this case PayStack.
    • Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
      • Debit card; where payment is made by debit card, 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 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 Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      • Credit card: where payment is made by credit card, 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 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 Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      • Direct bank deposit or Electronic Funds Transfer (EFT): if you pay via direct bank deposit or EFT, payment must be made within 7 (seven) days of placing your order. Marakeng will not accept your order if payment has not been received;
      • Instant EFT;
      • Marakeng Vouchers; and/or
      • Mobicred;
    • We will send you email communications about your order and payment.
  • Once you have selected your payment method (with the exception of direct bank deposit), you will be directed to a secure site for payment of the applicable purchase price for the Goods.
  • Fees
    •  Registering, buying and creating items on this Site do not attract a fee.
  • 2.     Selling on Marakeng will incur Success Fee charges to your Marakeng Account. It is a condition of using the Services that you agree to this and the fee structure, billing and credit rules as described in your Billing Statement. If you do not agree to this condition, then please do not accept these terms and conditions.
  • Fees will be at follows;
  1. Sellers will pay a success fee to Marakeng for all products/goods sold on the website/platform.
    1. The fees range from 5% – 15% and are decided on a case by case basis with each merchant based on their volume of sales and risks associated with the Seller.
    1. The success fees and or commission will be communicated to you by your designated relationship manager at the commencement of your signing up as a Seller on Marakeng.
    1. Sellers Portal will have several add-ons that will come at the stated fee indicated at the purchase of that add-on.
  • 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.
  • We may choose at 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.
  • We reserve the right at 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.
  • Unless otherwise stated, all fees are quoted in South African Rands and are exclusive of VAT (unless stated otherwise).
  • 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 Marakeng; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
  • Marakeng reserves the right to charge a minimum R500 administration fee to re-activate restricted, disabled or blacklisted accounts.
  • Delivery of goods
    • Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    • Where Seller accepts your order, Marakeng will deliver the Goods to you as soon as reasonably possible, but no later than 15 (thirty) working days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    • Marakeng’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Marakeng is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  • Errors
    • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods 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 Returns Policy. 
    • Marakeng shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
  • Gift Vouchers & Coupons
    • Marakeng may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Marakeng Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. A Coupon can be used once and or per order; and must be used at checkout in the field provided, it cannot be manually redeemed (the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you). Gift Vouchers have a validity of 3 years and can be redeemed in one purchase or several purchases until the full value of the Gift Voucher is exhausted.
    • Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Marakeng is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
      • If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid.
      • You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Marakeng before you are able to use a Coupon.
  • Third Party Sellers
    • We are a Third Party Seller marketplace. We provide the platform and logistics to facilitate transactions between Third Party Sellers and Marakeng customers.
    • The Sale formed on acceptance of your order for Goods that are for sale by a Third Party Seller is therefore solely between the user/buyer and such Third Party Seller. Marakeng is not a party to that sale.
    • The Third Party Seller is solely responsible for ensuring the fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the user if required.
    • Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
    • You may post the goods and services that you wish to offer for sale on the Site.
    • You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
    • You agree and warrant to the Buyer of those goods and services and separately to us that:
  1. your information:
    1.  is accurate and not false, misleading, deceptive or fraudulent;
    2. does not breach any Intellectual Property Rights of a third party;
    3. is made in compliance with all applicable laws, government regulations or guidelines;
    4.  is not forged, threatening or offensive or otherwise constitutes harassment;
    5. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
    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;
    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
    8. does not contain child pornography, bestiality or any other obscene or offensive material;
    9.  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;
    10. you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Site;
    11. Buyer who is a dealer in terms of the Second Hand Goods Act makes a request for the information necessary to complete his register, you agree that the said information will not be unnecessarily withheld;
    12. You represent and warrant to us and to the Buyer separately that your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
    13. You represent and warrant to us and separately to the successful Buyer that, the goods and services you offer for sale and sell, on this Site 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 correspond with the description that you have posted on this Site and are not defective; and are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
    1. You agree the goods and/or services you offer for sale, and sell on this Site 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; are legally able to be offered for sale, and sold on this Site, and otherwise, that the offer and sale of those goods is not in contravention of any law.
  • The Seller may set a price for the goods and determine whatever discount(s) there might be
  1. In the information provided about the goods 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:
  1. taxes, duties and costs (including, without limitation, VAT, or other consumption taxes, customs and other import duties and tariffs) payable by the Buyer; and
  1.  If you are a approved Seller the payment-processing fee on all payments are included in the success fee and final order value fee charged to the transaction. Any fees due will be deducted directly from the amount collected from the Buyer on behalf of the Seller.
  1. If you are a approved Seller and you receive payments through the website, you are not protected against a subsequent reversal of the transaction. In the event that the sender’s transaction is reversed for any reason you will owe Marakeng for the amount of the reversed transaction plus any fees imposed on Marakeng as a result of the reversal.
  1. Revenue Payouts for sellers are managed on the seller dashboard. Payout period varies from Seller to Seller and will be communicated at the commencement of Seller relationship with Marakeng.
  1. Because Marakeng wants the user/buyer to have a safe and consistent experience, Marakeng will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the user arising out of or in connection with the Sale between a user and a Third Party Seller on behalf of the Third Party Seller according to Marakeng’s own Returns Policy. Should such claim escalate into being a dispute, although Marakeng is entitled to become involved in an attempt to resolve it, Marakeng is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  • Buyer

You agree and warrant to each Seller and separately to us that your information:

  1. is accurate and not false, misleading, deceptive or fraudulent;
    1. does not breach any Intellectual Property Rights of a third party;
    1. is made in compliance with all applicable laws, government regulations or guidelines;
    1. is not forged, threatening or offensive or otherwise constitutes harassment;
    1. does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
    1. 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;
    1. will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
    1. your information will be kept up to date and that you will edit your account/profile and any other information accordingly.
    1. you have the legal capacity to purchase any goods or services that you bid for, and, will not otherwise be breaching any law in purchasing those goods or services;
    1. you will order any goods on this Site unless you are able, and have sufficient, available capacity to pay for those goods;
    1. the purchase of any goods and/or services on this Site is absolutely at your own risk;
    1. to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Site; and
    1. you have obtained the necessary information required to comply with the Second Hand Goods Act from the Seller; (if applicable);
    1. if you are buying adult goods, that you have the legal right to purchase those goods.
  1. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    1. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      1. your email address;
      1. your physical address;
      1. your gender;
      1. your mobile number; and
      1. your date of birth.
    1. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    1. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    1. We will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        1. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
        1. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        1. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      1. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        1. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        1. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        1. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        1. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
        1. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
    1. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Marakeng is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    1. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    1. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
  • We will –
    • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
    • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    • provide you with access to your personal information to view and/or update personal details;
    • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    • upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    • We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    • Marakeng undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
  1. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  1. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Marakeng, MARAKENG  SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  1. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies.
  1. Changes to these Terms and Conditions
    1. Marakeng may, at its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    1. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  2. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
  3. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Marakeng, its advertisers and/or sponsors and/or is licensed to Marakeng.
    1. You will not acquire any right, title or interest in or to the Website or the Website Content.
    1. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
    1. Where any of the Website Content has been licensed to Marakeng or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  4. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
  • Whilst Marakeng takes reasonable measures to ensure that the content of the Website is accurate and complete, Marakeng makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made Marakeng’s representatives, Marakeng shall not be bound thereby.
    • Marakeng disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
  • Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
  • Any views or statements made or expressed on the Website are not necessarily the views of Marakeng, its Directors, Employees and/or Agents.
    • In addition to the disclaimers contained elsewhere in these Terms and Conditions, Marakeng also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Marakeng, its employees, agents or authorised representatives. Marakeng thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  1. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Marakeng is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
  • Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  1. Limitation of liability
    1. Marakeng cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Marakeng, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
  • MARAKENG  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  • YOU HEREBY INDEMNIFY TAKEALOT AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  1. Governing law and jurisdiction 
  1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    1. In the event of any dispute arising between you and Marakeng, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Pretoria Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    1. Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  2. Notices
  1. Marakeng hereby selects Cnr Cliffendale & Rhode Street, Faerie Glen, Pretoria, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Marakeng may change this address from time to time by updating these Terms and Conditions.
    1. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Marakeng not less than 7 days’ notice in writing.
    1. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      1. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      1. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      1. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  1. Notices and Procedures for making Claims of Intellectual Property Infringements

If you believe that your intellectual property rights have been infringed, please submit your complaint by emailing infringement@marakeng.co.za . This process may be used to report all types of intellectual property claims including, but not limited to copyright, trademark, and patent claims.

We respond quickly to the concerns of right owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our electronic submission. You may submit written claims of copyright infringement to our Copyright Agent at:

Marakeng Legal Department

Cnr Rhode and Cliffendale Dr,

Faerie Glen, Pretoria.

  • Complaints 

    • We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us on the Website or you can contact our call centre.

If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

  1. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    1. Marakeng may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Marakeng will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
  • If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  • Marakeng is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Marakeng to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Marakeng, in whole or in part, on notice to you. Marakeng shall only be liable to refund monies already paid by you (see Marakeng’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
  • At any time, you can choose to stop using the Website, with or without notice to Marakeng.
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