Venture Group (Pty) Ltd. t/a DTYMarketplace ("DTYMarketplace" or
"we") operates an e-
commerce platform consisting of a web application/site and mobile application("marketplace"),
together with supporting logistics and payment infrastructure, for the sale and
purchase of consumer products in South Africa ("territory").
general terms and conditions shall apply to buyers and sellers on the
marketplace and shall govern your use of the marketplace and related services.
using our marketplace, you accept these general terms and conditions in full.
If you disagree with these general terms and conditions or any part of these general
terms and conditions, you must not use our marketplace.
you use our marketplace in the course of a business or other organisational
project, then by so doing you:
that you have obtained the necessary authority to agree to these general terms
both yourself and the person, company or other legal entity that operates that
business or organisational project, to these general terms and conditions; and
that "you" in these general terms and conditions shall reference both
the individual user and the relevant person, company or legal entity unless the
context requires otherwise.
Registration and account
may not register with our marketplace if you are under 18 years of age (by
using our marketplace or agreeing to these general terms and conditions, you
warrant and represent to us that you are at least 18 years of age).
may register for an account with our marketplace by completing and submitting
the registration form on our marketplace or using your Facebook account.
represent and warrant that all information provided in the registration form is
complete and accurate.
you register for an account with our marketplace, you will be asked to provide
an email address/user ID and password and you agree to:
your password confidential;
us in writing immediately (using our contact details provided at section 23) if
you become aware of any disclosure of your password; and
responsible for any activity on our marketplace arising out of any failure to
keep your password confidential, and that you may be held liable for any losses
arising out of such a failure.
account shall be used exclusively by you and you shall not transfer your
account to any third party. If you authorize any third party to manage your
account on your behalf this shall be at your own risk.
may suspend or cancel your account, and/or edit your account details, at any
time in our sole discretion and without notice or explanation, providing that
if we cancel any products or services you have paid for but not received, and
you have not breached these general terms and conditions, we will refund you in
respect of the same.
may cancel your account on our marketplace by contacting us as provided at
Terms and conditions of sale
acknowledge and agree that:
marketplace provides an online location for sellers to sell and buyers to
shall accept binding sales, on behalf of sellers, but DTY Marketplace is not a party to the transaction
between the seller and the buyer; and a contract for the sale and purchase of
a product or products will come into force between the buyer and seller, and
accordingly you commit to buying or selling the relevant product or products,
upon the buyer’s confirmation of purchase via the marketplace.
to these general terms and conditions, the seller’s terms of business shall
govern the contract for sale and purchase between the buyer and the seller.
Notwithstanding this, the following provisions will be incorporated into the
contract of sale and purchase between the buyer and the seller: the price for a
product will be as stated in the relevant product listing as per pricing
guidelines provided to all sellers during training and induction, also included
in the welcome email;
price for the product must include all taxes and comply with applicable laws in
force from time to time;
charges, packaging charges, handling charges, administrative charges, insurance
costs, other ancillary costs and charges, will only be payable by the buyer if
this is expressly and clearly stated in the product listing;
must be of satisfactory quality, fit and safe for any purpose specified in, and
conform in all material respects to, the product listing and any other
description of the products supplied or made available by the seller to the
buyer - should this not be the case, the buyer will have full right to request
a refund; and
seller warrants that the seller has good title to, and is the sole legal and
beneficial owner of, the products, and that the products are not subject to any
third party rights or restrictions including in respect of third party
intellectual property rights and/or any criminal, insolvency or tax investigation
DTY Marketplace will indicate the acceptance of the
buyer’s orders by delivering the Products to buyers via the Pudo service
integrated on the platform, and only at that point will an agreement of sale
between buyer and seller come into effect. This is regardless of any
communication from DTY Marketplace stating that an order or payment has
DTY Marketplace accordingly bears no liability for any
inaccuracies in the information supplied by the seller online. Any dispute
about the availability of Products should be settled between buyer and seller.
Confirmation of Order email is for informational purposes only and should not
be construed as the moment of agreement of sale.
placed in a buyer’s cart cannot be reserved to be bought at a later stage.
Placing a Product/s in your cart without completing the sale at checkout does
not amount to a “sale”. DTY
Marketplace cannot be held responsible if the
Product(s) you added to your cart have become unavailable when you try to
complete the purchase.
purchase of a TV is subject to the condition the buyer has a valid and paid up
TV licence and licence holder’s ID number. By purchasing, the buyer warrants
that they are in possession of said documentation and absolve DTY Marketplace of any responsibility should there be
Returns and refunds
Returns of products by buyers and
acceptance of returned products by sellers shall be managed by us in accordance
with the returns page on the marketplace, as may be amended from time to time.
Acceptance of returns shall be in our discretion, subject to compliance with
applicable laws of the territory.
Refunds in respect of returned products
shall be managed in accordance with the refunds page on the marketplace, as may
be amended from time to time. Our rules on refunds shall be exercised in our
discretion, subject to applicable laws of the territory. We may offer refunds,
in our discretion:
in respect of the product price;
local and/or international shipping fees
(as stated on the refunds page); and
by way of store credits, wallet refunds,
vouchers, mobile money transfer, bank transfers or such other method as we may
determine from time to time.
products shall be accepted and refunds issued by DTYMarketplace, for and on behalf of the seller.
to our returns page or refunds page shall be effective in respect of all
purchases made from the date of publication of the change on our website.
must make payments due under these general terms and conditions in accordance
with the Payments Information and Guidelines on the marketplace.
Rules about your content
these general terms and conditions, "your content" means:
works and materials (including without limitation text, graphics, images, audio
material, video material, audio-visual material, scripts, software and files)
that you submit to us or our marketplace for storage or publication, processing
by, or onward transmission; and
communications on the marketplace, including product reviews, feedback and
content, and the use of your content by us in accordance with these general
terms and conditions, must be accurate, complete and truthful.
content must be appropriate, civil and tasteful, and accord with generally
accepted standards of etiquette and behaviour on the internet, and must not:
offensive, obscene, indecent, pornographic, lewd, suggestive or sexually
violence in an explicit, graphic or gratuitous manner; or be blasphemous, in breach of racial or religious hatred or discrimination
deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing,
hateful, discriminatory or inflammatory;
annoyance, inconvenience or needless anxiety to any person; or constitute spam.
content must not be illegal or unlawful, infringe any person's legal rights, or
be capable of giving rise to legal action against any person (in each case in
any jurisdiction and under any applicable law). Your content must not infringe
copyright, moral right, database right, trademark right, design right, right in
passing off or other intellectual property right;
right of confidence, right of privacy or right under data protection
contractual obligation owed to any person; or
must not use our marketplace to link to any website or web page consisting of
or containing material that would, were it posted on our marketplace, breach
the provisions of these general terms and conditions.
must not submit to our marketplace any material that is or has ever been the
subject of any threatened or actual legal proceedings or other similar
review function on the marketplace may be used to facilitate buyer reviews on
products. You shall not use the review function or any other form of
communication to provide inaccurate, inauthentic or fake reviews.
must not interfere with a transaction by: (i) contacting another user to buy or
sell an item listed on the marketplace outside of the marketplace; or (ii)
communicating with a user involved in an active or completed transaction to
warn them away from a particular buyer, seller or item; or (iii) contacting
another user with the intent to collect any payments.
acknowledge that all users of the marketplace are solely responsible for
interactions with other users and you shall exercise caution and good judgment
in your communication with users. You shall not send them personal information
including credit card details.
may periodically review your content and we reserve the right to remove any
content in our discretion for any reason whatsoever.
you learn of any unlawful material or activity on our marketplace, or any
material or activity that breaches these general terms and conditions, you may
inform us by contacting us as provided at section 23.
Our rights to use your content
grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to
use, reproduce, store, adapt, publish, translate and distribute your content
across our marketing channels and any existing or future media.
grant to us the right to sub-license the rights licensed under section 7.1.
grant to us the right to bring an action for infringement of the rights
licensed under section 7.1.
hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
prejudice to our other rights under these general terms and conditions, if you
breach our rules on content in any way, or if we reasonably suspect that you
have breached our rules on content, we may delete, unpublish or edit any or all
of your content.
Use of website and mobile applications
this section 8 words “marketplace” and "website” shall be used
interchangeably to refer to DTY Marketplace’s websites and mobile applications.
pages from our website in a web browser;
pages from our website for caching in a web browser;
pages from our website for your own personal and non- commercial use, providing
that such printing is not systematic or excessive;
audio and video files from our website using the media player on our website;
our marketplace services by means of a web browser, subject to the other
provisions of these general terms and conditions.
as expressly permitted by section 8.2 or the other provisions of these general
terms and conditions, you must not download any material from our website or
save any such material to your computer.
may only use our website for your own personal and business purposes in respect
of selling or purchasing products on the marketplace.
as expressly permitted by these general terms and conditions, you must not edit
or otherwise modify any material on our website, unless you own or control the relevant
rights in the material, you must not:
material from our website (including republication on another website);
rent or sub-license material from our website;
any material from our website in public;
material from our website for a commercial purpose; or
material from our website.
section 8.6, you may forward links to products on our website and redistribute
our newsletter and promotional materials in print and electronic form to any
reserve the right to suspend or restrict access to our website, to areas of our
website and/or to functionality upon our website. We may, for example, suspend
access to the website during server maintenance or when we update the website.
You must not circumvent or bypass, or attempt to circumvent or bypass, any
access restriction measures on the website.
our website in any way or take any action that causes, or may cause, damage to
the website or impairment of the performance, availability, accessibility,
integrity or security of the website;
our website in any way that is unethical, unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity;
or otherwise tamper with our website;
scan or test the vulnerability of our website without our permission;
any authentication or security systems or processes on or relating to our
our website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer
an unreasonably large load on our website resources (including bandwidth,
storage capacity and processing capacity);
or decipher any communications sent by or to our website without our
any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent;
or otherwise interact with our website using any robot, spider or other
automated means, except for the purpose of search engine indexing;
our website except by means of our public interfaces;
the directives set out in the robots.txt file for our website;
data collected from our website for any direct marketing activity (including
without limitation email marketing, SMS marketing, telemarketing and direct
anything that interferes with the normal use of our website.
Copyright and trademarks
to the express provisions of these general terms and conditions:
together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
the copyright and other intellectual property rights in our website and the
material on our website are reserved.
Marketplace’s logos and our other registered and
unregistered trademarks are trademarks belonging to us; we give no permission
for the use of these trademarks, and such use may constitute an infringement of
third party registered and unregistered trademarks or service marks on our
website are the property of their respective owners and we do not endorse and
are not affiliated with any of the holders of any such rights and as such we
cannot grant any license to exercise such rights.
agree to processing of their personal data in accordance with the terms of DTY Marketplace’s Privacy and Cookie Notice.
DTY Marketplace shall process all personal data
obtained through the marketplace and related services in accordance with the
shall be directly responsible to buyers for any misuse of their personal data
and DTY Marketplace shall bear no liability to buyers in
respect of any misuse by sellers of their personal data.
diligence and audit right
We operate an anti-money laundering
compliance program and reserve the right to perform due diligence checks on all
users of the marketplace.
You agree to provide to us all such
information, documentation and access to your business premises as we may
in order to verify your adherence to,
and performance of, your obligations under this Agreement;
for the purpose of disclosures pursuant
to a valid order by a court or other governmental body; or
as otherwise required by law or
DTY Marketplace’s role as a marketplace
You acknowledge that:
do not confirm the identity of all marketplace users, check their credit
worthiness or bona fides, or otherwise vet them;
do not check, audit or monitor all information contained in listings;
are not party to any contract for the sale or purchase of products advertised
on the marketplace;
are not involved in any transaction between a buyer and a seller in any way,
save that we facilitate a marketplace for buyers and sellers and process
payments on behalf of sellers
are not the agents for any buyer or seller, and accordingly we will not be
liable to any person in relation to the offer for sale, sale or purchase of any
products advertised on our marketplace; furthermore we are not responsible for
the enforcement of any contractual obligations arising out of a contract for
the sale or purchase of any products and we will have no obligation to mediate
between the parties to any such contract.
We do not warrant or represent:
completeness or accuracy of the information published on our marketplace;
the material on the marketplace is up to date;
the marketplace will operate without fault; or
the marketplace or any service on the marketplace will remain available.
reserve the right to discontinue or alter any or all of our marketplace
services, and to stop publishing our marketplace, at any time in our sole
discretion without notice or explanation; and you will not be entitled to any
compensation or other payment upon the discontinuance or alteration of any
marketplace services, or if we stop publishing the marketplace.
do not guarantee any commercial results concerning the use of the marketplace.
the maximum extent permitted by applicable law and subject to section 13.1
below, we exclude all representations and warranties relating to the subject
matter of these general terms and conditions, our marketplace and the use of
Limitations and exclusions of liability
in these general terms and conditions will:
any liabilities in any way that is not permitted under applicable law; or
any liabilities or statutory rights that may not be excluded under applicable
limitations and exclusions of liability set out in this section 13 and
elsewhere in these general terms and conditions:
subject to section 13.1; and
all liabilities arising under these general terms and conditions or relating to
the subject matter of these general terms and conditions, including liabilities
arising in contract, in tort (including negligence) and for breach of statutory
duty, except to the extent expressly provided otherwise in these general terms
respect of the services offered to you free of charge we will not be liable to
you for any loss or damage of any nature whatsoever.
aggregate liability to you in respect of any contract to provide services to
you under these general terms and conditions shall not exceed the total amount
paid and payable to us under the contract. Each separate transaction on the
marketplace shall constitute a separate contract for the purpose of this
section 13.4 above, we will not be liable to you for any loss or damage of any
nature, including in respect of:
losses occasioned by any interruption or dysfunction to the website;
losses arising out of any event or events beyond our reasonable control;
business losses, including (without limitation) loss of or damage to profits,
income, revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill;
loss or corruption of any data, database or software; or
special, indirect or consequential loss or damage.
accept that we have an interest in limiting the personal liability of our
officers and employees and, having regard to that interest, you acknowledge that
we are a limited liability entity; you agree that you will not bring any claim
personally against our officers or employees in respect of any losses you
suffer in connection with the marketplace or these general terms and conditions
(this will not limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
marketplace includes hyperlinks to other websites owned and operated by third
parties; such hyperlinks are not recommendations. We have no control over third
party websites and their contents, and we accept no responsibility for them or
for any loss or damage that may arise from your use of them.
hereby indemnify us, and undertake to keep us indemnified, against:
and all losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to any third party in
settlement of a claim or dispute) incurred or suffered by us and arising
directly or indirectly out of your use of our marketplace or any breach by you
of any provision of these general terms and conditions or the DTY Marketplace codes, policies or guidelines; and
VAT liability or other tax liability that we may incur in relation to any sale,
supply or purchase made through our marketplace, where that liability arises
out of your failure to pay, withhold, declare or register to pay any VAT or
other tax properly due in any jurisdiction.
Breaches of these general terms and
we permit the registration of an account on our marketplace it will remain open
indefinitely, subject to these general terms and conditions.
you breach these general terms and conditions, or if we reasonably suspect that
you have breached these general terms and conditions or any DTY Marketplace codes, policies or guidelines in any
way we may:
suspend your access to our marketplace;
prohibit you from accessing our marketplace;
computers using your IP address from accessing our marketplace;
any or all of your internet service providers and request that they block your
access to our marketplace;
or delete your account on our marketplace; and/or
legal action against you, whether for breach of contract or otherwise.
we suspend, prohibit or block your access to our marketplace or a part of our
marketplace you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
general terms and conditions and the DTY Marketplace codes, policies and guidelines (and in
respect of sellers the seller terms and conditions) shall constitute the entire
agreement between you and us in relation to your use of our marketplace and
shall supersede all previous agreements between you and us in relation to your
use of our marketplace.
these general terms and conditions, the seller terms and conditions, and the DTY Marketplace codes, policies and guidelines be in
conflict, these terms and conditions, the seller terms and conditions and the DTY Marketplace codes, policies and guidelines shall
prevail in the order here stated.
may revise these general terms and conditions, the seller terms and conditions,
and the DTY Marketplace codes, policies and guidelines from
time to time.
revised general terms and conditions shall apply from the date of publication
on the marketplace.
a provision of these general terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect.
any unlawful and/or unenforceable provision of these general terms and
conditions would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
hereby agree that we may assign, transfer, sub-contract or otherwise deal with
our rights and/or obligations under these general terms and conditions.
may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these general
terms and conditions.
Third party right
contract under these general terms and conditions is for our benefit and your
benefit, and is not intended to benefit or be enforceable by any third party.
exercise of the parties' rights under a contract under these general terms and
conditions is not subject to the consent of any third party.
Law and jurisdiction
general terms and conditions shall be governed by and construed in accordance
with the laws of the territory.
disputes relating to these general terms and conditions shall be subject to the
exclusive jurisdiction of the courts of the territory.
Our company details
marketplace is operated by Tenone Venture Group (Pty) Ltd. t/a DTY Marketplace. We are registered in South Africa
under registration number 2012/172253/07 and our office is at Cnr of Katherine
Street and Centex Close, Sandton, 2196. You can contact us by using our marketplace contact form.