VulaMart – Conditions of Use

These Conditions of Use govern your access to and use of the VulaMart online marketplace and related services, including our website at vulamart.co.za, any development or test environments (including dev.vulamart.co.za), mobile-optimised sites, APIs, and any other digital channels, tools, or services we make available (collectively, the “Platform”).

The Platform is operated by VULAMART (PTY) Ltd, 2025/712808/07 located at 865 Natasha Street, Pretoria, 0044 (“VulaMart”, “we”, “us”, “our”).

By accessing, browsing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Conditions of Use and all policies incorporated by reference. If you do not agree, you must not access or use the Platform.

These Conditions of Use operate alongside, and must be read together with, our:

• Privacy Policy and POPIA Compliance Statement
• Seller Terms and Conditions
• Buyer/Customer Terms and Conditions
• Returns and Refunds Policy
• Cookie Policy
• Any additional service-specific rules, guidelines, or notices published on the Platform

If there is a conflict between these Conditions of Use and more specific product, seller, or campaign terms, those specific terms will apply to the extent of the conflict.

The Platform operates in the Republic of South Africa and is primarily governed by South African law, including (where applicable):

• The Consumer Protection Act 68 of 2008 (“CPA”), which promotes fair, accessible and sustainable marketplace practices and regulates consumer transactions and agreements. (Government of South Africa)
• The Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), which facilitates and regulates electronic communications and transactions, including contracts and information supplied in electronic form. (Government of South Africa)
• The Protection of Personal Information Act 4 of 2013 (“POPIA”), which sets out conditions for the lawful processing of personal information. (POPIA)

Nothing in these Conditions of Use is intended to unlawfully limit or exclude any rights you have, or obligations we (or sellers) have, under the CPA, ECTA, POPIA, or any other mandatory South African law. Where any term in these Conditions would conflict with mandatory rights under South African law, that term will be interpreted as narrowly as possible or will not apply, and your statutory rights will prevail.

2.1 Who may use the Platform

You may use the Platform only if:

• You are at least 18 years old and have full legal capacity to enter into binding contracts; or
• You are under 18 but are duly assisted by a parent or legal guardian who agrees to these Conditions of Use on your behalf; or
• You are a duly authorised representative of a company, trust, partnership, or other legal entity, and you have authority to bind that entity.

2.2 Use on behalf of a business

If you use the Platform on behalf of another person or entity (for example, as a seller, employee, or agent), you:

• Represent that you are authorised to act for and bind that person or entity; and
• Accept these Conditions of Use both in your personal capacity and on behalf of that person or entity.

3.1 When these Conditions apply

These Conditions of Use apply whenever you:

• Access the Platform, even if you do not create an account;
• Create a buyer or seller account;
• Browse, search, or view listings;
• Create listings or offer goods or services for sale;
• Place orders or make purchases;
• Communicate with us, or with sellers or buyers, via the Platform or any integrated communication channels.

3.2 Your continued use

Each time you access or use the Platform, you reaffirm your agreement to the then-current version of these Conditions of Use. If you disagree with any changes (see section 4 below), you must stop using the Platform immediately.

4.1 Changes to the Platform

We may update, enhance, modify, suspend, or discontinue any part of the Platform (including its features, functionality, user interface, or content) at any time, with or without notice. We will usually try to avoid making changes that materially prejudice active transactions, but in some cases (for example, for security or legal reasons) changes may be immediate.

4.2 Changes to these Conditions

We may update these Conditions of Use from time to time. When we do so, we will:

• Publish the updated version on the Platform; and
• Update the “Last Updated” date at the top of this document.

Where feasible, we may also provide prominent notice (for example, via a banner or email) of material changes that may meaningfully affect your rights or obligations.

Your continued access or use of the Platform after updated Conditions are published constitutes your acceptance of those changes.

5.1 Marketplace platform

VulaMart operates primarily as an online marketplace that enables third-party sellers and buyers to connect, list, discover, and transact in respect of various goods and services (including, where applicable, digital products). In most cases:

• Sellers are independent third parties, not employees or agents of VulaMart;
• VulaMart is not a party to the sale agreement between a buyer and a seller, except where we explicitly state that VulaMart is the seller of particular goods or services;
• Sellers are responsible for the accuracy of their listings, stock, pricing, and fulfilment obligations; and
• Buyers are responsible for reviewing listings carefully and making informed purchasing decisions.

5.2 No general endorsement or guarantee of sellers

We may perform certain checks or onboarding processes on sellers, but we do not guarantee or warrant the identity, reliability, legality, or performance of any seller, buyer, or listing on the Platform. Any ratings, reviews, “verified” or similar badges are informational only and are not endorsements or guarantees.

5.3 No advice

Unless explicitly stated otherwise, information on the Platform is of a general nature and is provided for convenience and information purposes only. It is not professional, legal, financial, or technical advice.

6.1 Account creation

To access certain features (such as buying, selling, saving favourites, or tracking orders), you may need to create an account. When you register:

• You must provide accurate, current, and complete information;
• You must update your information promptly if it changes; and
• You may be required to verify your email address, mobile number, or identity.

6.2 Account security

You are responsible for:

• Keeping your login credentials (such as usernames, passwords, OTPs) secure and confidential;
• Not sharing your account with anyone else;
• Ensuring that access to your devices is controlled and secure;
• Notifying us immediately if you suspect any unauthorised access or unusual activity on your account.

We may treat all activity under your account as your own until you notify us and we have had a reasonable opportunity to act on that notification.

6.3 Multiple accounts

We reserve the right to limit the number of accounts you may create, merge duplicative accounts, or require you to verify ownership of accounts.

You agree that you will:

• Use the Platform in a lawful manner and only for purposes consistent with these Conditions of Use;
• Comply with all applicable South African laws and regulations, including those relating to consumer protection, privacy, data protection, intellectual property, advertising, financial regulations, and prohibited goods;
• Provide accurate and non-misleading information in your profile, listings, messages, and reviews;
• Honour your obligations in any transaction you enter into as a buyer or seller;
• Respect the rights and privacy of other users and third parties;
• Only upload or share content that you have the right to use, reproduce, and distribute.

You must not, whether directly or indirectly:

1. Break the law
2. Use the Platform for any unlawful purpose, including fraud, money laundering, handling stolen goods, or evading taxes or customs duties.
3. Abuse, harass, or harm others
4. Send threats, harassment, hate speech, or discriminatory content;
5. Stalk or otherwise violate the privacy or personal rights of others.
6. Upload harmful or inappropriate content
7. Upload viruses, malware, or any harmful code;
8. Share content that is defamatory, obscene, pornographic, incites violence, or promotes illegal activity;
9. Post misleading, deceptive, or fraudulent information about goods, services, prices, or availability.
10. Interfere with the Platform’s security or operation
11. Attempt to gain unauthorised access to any part of the Platform, other users’ accounts, our systems, or our data;
12. Scrape, index, or harvest data from the Platform without our prior written permission;
13. Use bots or automated tools to place orders, create accounts, or access the Platform beyond what is expressly permitted.
14. Infringe intellectual property rights
15. Use any content, trademarks, or branding on the Platform in a way that infringes our or others’ rights;
16. Upload content you do not own or do not have sufficient rights to use and share.
17. Bypass fair usage or platform rules
18. Circumvent any usage limits, moderation, or restrictions imposed by the Platform;
19. Manipulate ratings, reviews, or feedback (for example, by creating fake accounts or posting self-reviews).

We may, in our sole discretion and without prior notice, remove content, restrict functionality, or suspend/terminate any account we reasonably believe is involved in prohibited conduct.

Detailed seller obligations may be contained in separate Seller Terms and Conditions. This section provides a high-level overview that applies to all sellers.

If you create listings or sell products or services via the Platform, you agree that:

• You are responsible for ensuring your listings are accurate, complete, and not misleading;
• You will clearly disclose the key characteristics, price, applicable taxes or fees, and any material conditions or limitations;
• You will comply with applicable laws, including those regarding product safety, labelling, warranties, and consumer rights;
• You will not list prohibited, illegal, counterfeit, stolen, or otherwise restricted items;
• You will honour orders placed and paid for, unless you have a valid legal reason (e.g., stock unavailability or fraud suspicion) and you promptly inform the buyer and follow the appropriate cancellation and refund process;
• You are responsible for shipping, delivery arrangements, and providing proof of delivery where required, subject to any platform-managed logistics services that may apply.

We may remove or hide listings that we reasonably believe are non-compliant or risky, even if they are not explicitly listed as prohibited items.

If you place orders or make purchases via the Platform, you agree that:

• You must review the listing carefully before placing an order;
• By placing an order and completing payment, you make a binding offer to purchase from the relevant seller under the terms specified in the listing and applicable law;
• Some orders may be subject to stock availability, verification checks, and fraud prevention measures;
• You will provide accurate delivery and contact information;
• You will promptly cooperate with any reasonable verification requests that are intended to protect you, sellers, and the Platform;
• Returns, refunds, and cancellations will be handled in line with our Returns and Refunds Policy, the CPA, and any applicable seller-specific policies.

Nothing in this section limits any mandatory rights you may have as a consumer in terms of the CPA and ECTA in respect of defective, unsafe, or undelivered goods. (Dentons)

11.1 Pricing of goods and services

Prices for goods and services displayed on the Platform:

• Are typically shown in South African Rand (ZAR);
• May or may not include VAT or other taxes (this should be indicated in the listing; if unclear, please contact the seller or our support team before purchasing);
• May change at any time, but such changes will not affect orders already placed and paid for, unless there is a clear pricing error.

11.2 Platform fees

We may charge sellers or buyers various fees (for example, transaction fees, listing fees, success fees, subscription fees). Where applicable, these fees will be disclosed in the relevant Seller Terms, product pages, or at checkout screens.

11.3 Errors and inaccuracies

We use reasonable efforts to ensure that information on the Platform is accurate, but errors may occur. If we or a seller identify a material error in a price or description:

• We are not obliged to honour orders clearly based on obvious errors (for example, a major price disparity due to a typo); and
• We will notify the affected buyer, cancel the order or offer alternatives, and arrange any applicable refund.

12.1 Payment methods

We may accept different payment methods from time to time (for example, card payments, instant EFT, mobile wallet, or other digital payment options), some of which may be provided by third-party payment processors.

12.2 Security and authorisation

• Payment information is typically processed via secure third-party payment providers that comply with industry standards;
• You authorise us and the applicable payment provider to debit your chosen payment method for the amounts due (including product price, shipping fees, and any applicable charges) for each order you place;
• We may implement 3D Secure or other security protocols and may decline or cancel transactions that fail these checks.

12.3 Refunds

Refunds, where applicable, will be processed via the same payment method used for the original transaction wherever reasonably possible. Processing times may depend on the payment provider or bank.

The delivery and shipping arrangements may be:

• Seller-arranged, where the seller is responsible for shipping; or
• Platform-arranged, where VulaMart or its logistics partners handle shipping or provide integrated courier options.

In either case:

• Delivery estimates are indicative and not guaranteed;
• Risk in the goods will typically pass either on delivery to you (in line with the CPA and ECTA) or as otherwise agreed, but this may differ for certain special orders or digital goods;
• You must ensure that someone is available at the delivery address to receive the goods, or follow the courier’s processes for redelivery or collection.

Detailed delivery terms are set out in our Shipping/Delivery Policy and, where relevant, in the seller’s listing.

Where you purchase digital goods or services (for example, digital downloads, access codes, or online content), you acknowledge that:

• Access may be provided immediately after payment or within a specified timeframe;
• Your right to cancel or refund may be limited once access is granted or content is downloaded, subject to applicable law and our Returns and Refunds Policy;
• You may not share, resell, or distribute digital content except as expressly authorised in writing.

15.1 Our intellectual property

The Platform, including its design, layout, software, code, databases, visual content, logos, trademarks, and other material, is owned by or licensed to VulaMart and protected by intellectual property laws.

You may:

• View and use the Platform for your personal or internal business purposes;
• Download or print pages for your own legitimate use.

You may not, without our prior written consent:

• Copy, modify, adapt, translate, or create derivative works from the Platform or its content;
• Use our trademarks, logos, or branding in a way that suggests sponsorship or endorsement;
• Reproduce, distribute, or exploit any part of the Platform’s content for commercial purposes other than listing and selling via the Platform as intended.

15.2 User-generated content

If you upload, submit, or share any content on or through the Platform (such as product listings, images, descriptions, reviews, ratings, comments, or messages), you:

• Grant VulaMart a non-exclusive, royalty-free, worldwide, sublicensable licence to use, reproduce, adapt, publish, translate, distribute, and display that content in connection with operating, marketing, or improving the Platform;
• Confirm that you have all rights necessary to grant this licence;
• Accept that we may remove, moderate, or edit such content if we reasonably believe it breaches these Conditions, infringes rights, or is otherwise inappropriate.

We process personal information in accordance with POPIA and other applicable laws, subject to our Privacy Policy and POPIA Compliance Statement, which explain in detail:

• What personal information we collect;
• For what purposes we process it (for example, account creation, fraud prevention, marketing, customer support, analytics);
• The legal bases for processing;
• How we store, secure, and retain data;
• To whom we may disclose personal information (for example, sellers, payment processors, couriers, regulators);
• Your rights as a data subject (such as access, correction, objection, and complaint rights). (Government of South Africa)

By using the Platform, you consent (where required) to the collection and processing of your personal information as described in those policies. If you provide us with another person’s personal information (for example, for delivery or recipient details), you confirm that you are authorised to do so and that the information is accurate.

17.1 Transactional communications

We may send you transactional and service-related communications, such as:

• Account verification messages;
• Security and fraud alerts;
• Order confirmations, shipping updates, and delivery notifications;
• Important notices about changes to these Conditions or our policies.

These communications are necessary for the proper functioning of the Platform and are not considered direct marketing.

17.2 Direct marketing

With your consent (where required by law), we may send you marketing communications about:

• Products, categories, or promotions on VulaMart;
• Special offers from selected sellers;
• Platform features, news, and surveys.

You may opt out of marketing communications at any time by using the unsubscribe mechanisms provided or updating your account preferences. Opting out of marketing does not prevent us from sending transactional or legally required messages.

The Platform may contain:

• Links to third-party websites or services;
• Integrations with third-party tools (such as payment gateways, couriers, analytics, or chat tools).

These third-party sites and services are not under our control, and we are not responsible for their content, policies, or practices. You access and use them at your own risk and should review their terms and privacy policies.

19.1 General disclaimer

While we use reasonable efforts to keep the Platform available, secure, and accurate, it is provided “as is” and “as available”, subject to your statutory rights under South African law.

To the maximum extent permitted by law:

• We do not guarantee that the Platform will always be available, uninterrupted, secure, free from errors, or compatible with all devices and browsers;
• We do not warrant that content on the Platform (including prices, descriptions, stock availability, or user-generated content) is always accurate, complete, or up to date;
• We are not responsible for any delays, failures, or losses caused by events beyond our reasonable control (for example, power outages, network failures, third-party system issues, or force majeure events).

19.2 Marketplace disclaimer

Except where we explicitly act as the seller, we are not a party to the sale contract between buyers and sellers and are not liable for:

• The quality, safety, legality, or fitness for purpose of goods or services listed by sellers;
• The truth or accuracy of listings, reviews, or other user content;
• The performance or conduct of any buyer or seller.

Your recourse in respect of defective or non-conforming goods, misrepresentation, or non-delivery is primarily against the relevant seller, subject to your rights in law and any platform dispute processes in place.

To the maximum extent permitted by applicable law (including the CPA):

• We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of the Platform;
• Our total aggregate liability to you for all claims arising out of or relating to the Platform or these Conditions of Use will be limited to the greater of:
• The total fees (if any) that you paid to us for the specific service giving rise to the claim during the 3 months immediately preceding the event; or
• A reasonable amount determined in accordance with applicable law.

Nothing in these Conditions excludes or limits liability for:

• Death or personal injury caused by gross negligence;
• Intentional misconduct;
• Any other liability that cannot lawfully be limited or excluded under South African law.

To the extent permitted by law, you agree to indemnify and hold harmless VulaMart, its directors, employees, and affiliates from and against any claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Conditions of Use or any other applicable policy;
• Your violation of any law or the rights of a third party;
• Content you upload, publish, or share on the Platform;
• Your use or misuse of the Platform.

We may, in our reasonable discretion, and where permitted by law:

• Suspend or restrict your access to the Platform (in whole or partially);
• Place limits on certain features;
• Remove or hide your listings or content;
• Terminate or disable your account.

We would typically do this where:

• We reasonably suspect fraud, misuse, abusive behaviour, or a security threat;
• You breach these Conditions of Use or any other policy;
• We are required to comply with law enforcement, regulatory requests, or court orders;
• Your account has been inactive for an extended period and we need to manage system performance and data retention.

You may also close your account at any time via the Platform (where functionality exists) or by contacting us, subject to settlement of any outstanding obligations (such as unpaid fees or ongoing transactions).

Suspension or termination will not affect rights or obligations already incurred before the date of suspension/termination, including any rights or remedies we may have under law.

23.1 Complaints and support

If you have any concerns or disputes relating to a transaction, another user, or these Conditions:

1. First contact the relevant seller (for order-specific issues) using the Platform’s messaging or contact tools, where available;
2. If unresolved or inappropriate, contact VulaMart’s support team:
3. Email: support@vulamart.co.za
4. Online: [insert help centre / contact form URL]

We will acknowledge your complaint within a reasonable time and may request additional information to investigate.

23.2 Dispute resolution

We may implement informal or formal dispute-resolution processes between buyers and sellers (for example, internal mediation, ticketing, or evidence reviews). Participation in such processes does not limit your right to seek external dispute resolution or legal remedies.

23.3 Governing law and jurisdiction

These Conditions of Use are governed by the laws of the Republic of South Africa. Subject to any mandatory dispute resolution forums created by statute (for example, industry ombuds or regulatory authorities), you agree that disputes arising out of or relating to the Platform will be subject to the jurisdiction of the South African courts.

24.1 Notices to you

We may provide notices to you via:

• Email to the address associated with your account;
• SMS or messaging services;
• In-platform notifications or banners;
• Publication on the Platform.

24.2 Notices to us

Official notices to VulaMart should be sent to:

• Email: legal@vulamart.co.za
• Physical: 865 Natasha Street, Pretoria, 0044

Legal notices should clearly state that they are “for the attention of: The Legal Department” or equivalent.

• Entire agreement: These Conditions of Use, together with the additional policies referred to herein, constitute the entire agreement between you and VulaMart regarding your use of the Platform.
• No waiver: Any failure by us to enforce any right or provision does not constitute a waiver of that right or provision.
• Severability: If any provision of these Conditions is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.
• Cession and assignment: We may cede, assign, or transfer our rights and obligations under these Conditions to an affiliate, successor, or third party in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our prior written consent.
• Relationship: Nothing in these Conditions creates any partnership, joint venture, employment, or agency relationship between you and VulaMart.

If you have questions about these Conditions of Use or need clarification on how they apply, please contact us at:

• Email: support@vulamart.co.za

We appreciate feedback and may use it (anonymised where appropriate) to improve the Platform, policies, and user experience.

Email: support@vulamart.co.za

Phone: 0800 123 456

Address: 865 Natasha Street, Pretoria, 0044, South Africa