TERMS & CONDITIONS
This Agreement is a binding agreement between any registered seller and/or buyer and hellobooks.co.za. It also sets out some of the terms and conditions governing selling and purchasing goods and services on this Website, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions or any of the Annexures then you should not accept them.
By entering any and all personal information on this Website in the creation of an account, in registering with Hellobooks, in making a sale or purchase and/or by accepting this Agreement, you consent to the processing of your personal information by Hellobooks in terms of the Protection of Personal Information Act.
PART 1: DEFINITIONS
“Agreement” means these terms and conditions.
“Hellobooks Guidelines” means the guidelines issued by Hellobooks 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 Website;
“Buyer” means a person, firm or company who makes who purchases, any goods offered for sale on this website;
“Buy Price” means the price specified by the Seller for goods offered by the Seller for sale;
“Confirmation Notice” means the notification set out in Clause 10.1;
“e-Mail campaign” means any e-mail campaign undertaken by or on behalf of “hellobooks.co.za” or “Hellobooks”
“Fees” means any charges which Hellobooks charge as per the Commission Statement;
“Indemnified Party” means each of Hellobooks, its officers, employees, contractors, consultants and agents from time to time, and any related entities, associates or affiliates of Hellobooks, and each of their respective officers, employees, contractors, consultants and agents from time to time;
“Intellectual Property Rights” means intellectual property whether protected by common law or under statute including copyright rights, all rights in relation registered and unregistered trademarks, registered and unregistered designs including book drawings and covers and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
“Listings” means the offering for sale, placing of or creating of any type of book(s) or audio book(s) on hellobooks.co.za;
“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 Website including, but not limited to:
- Your registration details including your name, address, telephone number;
- Your bank account 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 hellobooks.co.za, including without limitation, through the goods and services you post on this Website if you are a Seller and the goods and services purchase 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 who offers for sale, or sells goods or services on this Website
“Services” means the marketplace services provided by hellobooks.co.za by which a person, firm or company may sell or buy goods or services on this Website;
“Website” or “site” means the Internet website by which Hellobooks offers the Services from time to time, currently www.hellobooks.co.za.
“Trade” or “Trading” means any form of listing on the Website, including but not limited to, book(s) and audio book(s) for sale on the website;
“user” or “users” for the purposes of Clauses 12 and 13, means any Buyer or Seller, or someone who is otherwise using the Website;
“we”, “us”, “our”, “ourselves” “hellobooks.co.za” and “Hellobooks” are used interchangeably in this Agreement and all mean Hellobooks;
“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;
PART 2: TERMS AND CONDITIONS
1. Trading on this Website
1.1 The trade on hellobooks.co.za is strictly between sellers and buyers. This Website provides a marketplace for the sale of book(s) and audio book(s), you hereby agree and acknowledge that we:
1.1.1 we may represent or hold out as the book seller, publisher, book store or distributor of book(s) and/or agent/sale representative of any such as the publisher, book seller, book store or distributor of books, of any goods offered for sale and/or sold on this Website;
1.1.2 have absolutely no control over, nor do we represent or hold out that we have any control over any one or more of the circumstances described in Clause 4.6
1.1.3 have absolutely no control over whether, nor do we represent or hold out that, the goods and services offered for sale on this Website are legally able to be sold.
1.1.4 cannot guarantee, nor do we represent or hold out that the descriptions of any goods and services on this Website will be accurate;
1.1.5 have absolutely no control over, nor do we represent or hold out that a Seller or Buyer will perform their respective sale and purchase obligations of goods sold and/or for sale on this Website;
1.1.6 cannot and do not control, nor do we represent or hold out that a Buyer will pay for the goods and services that he/she has successfully purchased goods on the website on this Website;
1.1.7 cannot and do not control, nor do we represent or hold out that any goods and services will be delivered to a respective Buyer by the respective Seller
1.1.8 cannot and do not represent nor hold out that we can confirm that each Buyer and Seller is who they claim to be;
1.1.9 cannot and do not represent or hold out that we can exercise any practical control over what feedback, comments or rating scores will be provided about you pursuant to the Rating Systems Rules
1.1.10 cannot and do not, nor do we represent or hold out that we can or could, despite any credit checks we may have undertaken pursuant to Clause 10.3, confirm any matters relating to any credit card details supplied to us by a Buyer or Seller (as the case may be) under this Agreement, including without limitation, that the:
188.8.131.52 credit card details of any Buyer or Seller (as the case may be) are correct;
184.108.40.206 credit limit has not been exceeded;
220.127.116.11 credit card has not been reported stolen;
18.104.22.168 Buyer or Seller is entitled to authorised use of the credit card; or
22.214.171.124 credit card is otherwise being lawfully used;
1.1.11 will not become involved in any dispute between any Buyer and Seller arising out of, or in connection with, the completion of any sale and purchase of any goods or services on this Website, or with this Agreement, we do however reserve the right at our sole discretion to mediate between two parties should the conduct of either party impact on the reputation and or image of our business.
1.1.12 we do not act as agent for either the Seller or the Buyer in either the making of the offer, by the placement of the goods on the Website for sale, the acceptance of such offer nor the acceptance of the purchase by the seller.
1.2 Should you as the Seller or Buyer obtain any personal information pertaining to a Buyer or Seller, as the case may be, for any or all purposes listed in Clause 13.4.1 of this Agreement, you hereby represent and warrant to us, the Seller or Buyer, as the case may be:
1.2.1 that you will respect the privacy of the Buyer or Seller and fulfil any other obligations in terms of Clause 13.4.2 of this Agreement; and
1.2.2 that you will comply with the provisions of the Protection of Personal Information Act, insofar as it applies, in processing any and all personal information pertaining to such persons whether obtained from Hellobooks, the Seller or Buyer themselves.
1.3 In trading on this website, you agree and acknowledge that we cannot and do not, nor do we represent or hold out that we can or could control:
1.3.1 how the Seller or Buyer processes your personal information;
1.3.2 whether the Seller or Buyer processes your personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or
1.3.3 where or to whom your personal information is transferred by the Seller or Buyer during or after the sale or purchase of any goods on this Website by yourself.
1.4 In trading on this website and agreeing to and acknowledging the contents of clause 1.3 above, you further agree to and acknowledge that during or upon completion of the sale and purchase of goods and services, hellobooks.co.za is no longer responsible for or liable in respect of:
1.4.1 any personal information that may be exchanged between the Buyer and the Seller for any or all of the purposes stipulated in Clause 13.4.1 of this Agreement;
1.4.2 any personal information that may be provided to the Seller with the Buyer’s authorisation in terms of this Agreement or vice versa;
1.4.3 the manner in which such personal information is processed subsequent to such an exchange between the Buyer and Seller;
1.4.4 a failure on the part of the Seller or Buyer as the case may be, to process such personal information in accordance with the Protection of Personal Information Act insofar as the Act applies; and/or
1.4.5 the transfer of any information by the Seller or Buyer to a third party.
2. Provision of Services
2.1 We will provide you with the Services.
2.2 We will provide you with a username and password in order to login as required.
2.3 We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
2.4 You agree to provide all necessary equipment, network connections and software to access this Website.
2.5 You agree that hellobooks.co.za may restrict and/or terminate its services to you at any point in time if Hellobooks, in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
3.1 Buying and creating items on this Website do not attract a fee, but registering as a seller and successfully selling items will be billed a registration and success fee respectively.
3.2 Selling on Hellobooks.co.za will incur Success Fee charges to your Hellobooks 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 the Commission Statement. If you do not agree to this condition, then please do not accept these terms and conditions.
3.3 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
3.4 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Website.
3.5 We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
3.7 Seller is given the right to sell items on this Website by paying the relevant fees. This does not involve purchasing the rights to the actual web pages, which remain the property of hellobooks.co.za; we reserve the right in our sole discretion to place third party advertisements on the pages without your consent or payment to you.
3.8 Hellobooks.co.za reserves the right to charge a R500 administration fee to re-activate restricted, disabled or blacklisted accounts
4.1 Subject to this Clause 4 and Clause 9, you may post the goods and services that you wish to offer for sale on hellobooks.co.za.
4.2 You agree that we or our nominated agent may undertake any necessary credit checks on you and/or your credit card where applicable.
4.3 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 4.2, we may prevent you from participating in marketplace activities, that being a buyer or a seller on this Website, or using the Services.
4.4 If you do so, you agree and warrant to the Buyer of those goods and services and separately to us that:
4.4.1 your information:
126.96.36.199 is accurate and not false, misleading, deceptive or fraudulent;
188.8.131.52 does not breach any Intellectual Property Rights of a third party;
184.108.40.206 is made in compliance with all applicable laws, government regulations or guidelines;
220.127.116.11 is not forged, threatening or offensive or otherwise constitutes harassment;
18.104.22.168 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third-party owner;
22.214.171.124 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;
126.96.36.199 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
188.8.131.52 does not contain child pornography, bestiality or any other obscene or offensive material;
4.4.2 you are the legal owner of the goods and services you are offering for sale on this Website and you have the legal capacity to conclude the sale and to pass the title in the goods and services to the successful Buyer;
4.4.3 you will not hyperlink to or include descriptions of goods and services that you are not offering for sale on this Website;
4.4.4 if a 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;
4.4.5 you will adhere to the Listing Policy.
4.5 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. These changes may be effected as described in clause 14.15.
4.6 In addition to Clause 4.4 and Clause 4.5, you represent and warrant to us and separately to the successful Buyer that:
4.6.1 the goods and services you offer for sale and sell, on this Website:
184.108.40.206 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
220.127.116.11 correspond with the description that you have posted on this Website; and
18.104.22.168 if sold in bulk, will correspond with any samples; and
22.214.171.124 are not defective; and
126.96.36.199 are free of any charge or encumbrance such that the Buyer will be able to enjoy quiet possession of those goods;
4.6.2 the services you offer for sale, and sell, on this Website:
188.8.131.52 will be rendered with due care and skill; and
184.108.40.206 any materials supplied in connection with any services will be reasonably fit for the purpose for which they have been supplied; and
220.127.116.11 if the Buyer has made it known to you the particular purpose for which the services are required or the result the Buyer wishes any services to achieve, then those services and any materials supplied in connection with those services will be reasonably fit for that purpose or are of such nature and quality that they might be reasonably expected to achieve that result;
4.6.3 the goods and/or services you offer for sale, and sell on this Website:
18.104.22.168 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;
22.214.171.124 are legally able to be offered for sale, and sold on this Website, and otherwise, that the offer and sale of those goods and services is not in contravention of any law.
4.7 If you are a Hellobooks Payment Gateway approved Seller there no processing fee payable on any debit/cheque or credit card payments conducted through Hellobooks Payment Gateway. PayFast will be the appointed payment gateway provider for all payments. Hellobooks.co.za does however charge a success fee of 20%, which will be deducted directly from the amount collected from the Buyer on behalf of the Seller. If the Seller opts to make use of Hellobooks’ shipping facilities (provided by The Courier Guy), a success fee of 25% will be deducted from the amount collected from the Buyer.
4.8 If you are a Hellobooks Payment Gateway approved Seller and you receive payments through the Hellobooks Payment Gateway Service, 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 Hellobooks for the amount of the reversed transaction plus any fees imposed on Hellobooks as a result of the reversal. Seller’s will be responsible for any reversed fees by buyers at any given time during the transaction.
4.9 You further agree that the amount received from sold items will be automatically processed by Hellobooks accounts department and the payment to you will be in accordance to the payment date of each month, as stated on the Website.
5.1 You agree and warrant to each Seller and separately to us that:
5.1.1 your information:
126.96.36.199 is accurate and not false, misleading, deceptive or fraudulent;
188.8.131.52 does not breach any Intellectual Property Rights of a third party;
184.108.40.206 is made in compliance with all applicable laws, government regulations or guidelines;
220.127.116.11 is not forged, threatening or offensive or otherwise constitutes harassment;
18.104.22.168 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third-party owner;
22.214.171.124 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;
126.96.36.199 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
188.8.131.52 your information will be kept up to date and that you will edit your account/profile and any other information accordingly. These changes may be effected as described in clause 14.15.
5.1.2 you have the legal capacity to purchase any goods or services, and, will not otherwise be breaching any law in purchasing those goods or services;
5.1.3 you will not complete any purchase for any goods on this Website unless you are able, and have sufficient, available capacity to pay for those goods;
5.1.4 the purchase of any goods and/or services on this Website is absolutely at your own risk;
5.1.5 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 Website; and
5.1.6 you have obtained the necessary information required to comply with the Second-Hand Goods Act from the Seller; (if applicable);
6. Payment Details – Buyer
6.1 In addition to Clause 5.1.1, we may request you to provide your valid and current credit card or bank account details to us at any time, whether before or after the purchase is completed in respect of any goods or services, or at any time whatsoever.
6.2 In addition to any other rights we may have under this Agreement, if you fail to comply with Clause 5.1.1, we may prevent you from participating in any further marketplace activities, which include buying and selling book(s) in respect of any goods or services, or using the Services.
6.3 By initiating and sending payment through Hellobooks Payment Gateway you acknowledge that hellobooks.co.za may obtain the funds by any one or combination of the following means; by debiting the funds from your Hellobooks account, obtaining the funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Hellobooks holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
6.4 In providing us with the information specified in Clause 5.1.1 above, you consent to the processing and/or further processing of such personal information by hellobooks.co.za in accordance with the Protection of Personal Information Act.
6.5 In making use of the Hellobooks Payment Gateway service you also acknowledge that (i) Hellobooks is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Hellobooks is not acting as a trustee, fiduciary or escrow with respect to your funds.
6.5 In making use of the Hellobooks Payment Gateway service you also acknowledge that:
6.5.1 hellobooks.co.za is not a bank and the Service is a payment processing service rather than a banking service.
6.5.2 hellobooks.co.za is not acting as a trustee, fiduciary or escrow with respect to your funds.
7. Hellobooks Discretion
7.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered for sale by you, or purchase completed, if:
7.1.1 that information and/or those goods or services, as applicable;
184.108.40.206 infringe or is suspected of infringing the Intellectual Property Rights of any person (other than the Seller in question); or
220.127.116.11 may create any liability for us whatsoever;
7.1.2 in relation to the goods and services set out in Clause 4.6, if we are not entirely satisfied that you are legally permitted to offer for sale or sell, those goods and/or services;
7.1.3 you have not complied with Clause 3.2 or Clause 4.2;
7.1.5 it is otherwise in our commercial interests to do so;
7.1.6 we are required by law to do so;
7.1.7 you breach any provision of this Agreement; or
7.1.8 for any other reason whatsoever,
and you irrevocably and unconditionally agree that any rights that you may have had against us in respect of any action we may have taken under this Clause 9, are hereby waived.
8. Completion of Sale and Purchase of Goods or Services
8.1 We will notify the Seller and the successful Buyer of the successful sale (if any) of any goods or services by automated email when a purchase is completed.
8.2 Following receipt of the Confirmation Notice the Seller and the successful Buyer will be solely responsible for the following matters, including, but not limited to:
8.2.1 implementation of the sale and purchase of the goods or services, including reaching agreement on when risk in relation to the goods or services is passed onto the Buyer, and when title in the goods or services will be delivered to the Buyer;
8.2.2 ensuring they comply with the laws applicable in the jurisdiction in which the Buyer and Seller are located, with respect to completion of the sale and purchase of the goods and services (including without limitation, any formalities required to be undertaken in relation to that sale and purchase as well as the formalities required in terms of the Second Hand Goods Act) and, if the Buyer and Seller are from different jurisdictions, then the governing law of any resultant contract or agreement between the Buyer and Seller will be Gauteng, the Republic of South Africa;
8.2.3 arranging for payment of the goods or services;
8.2.4 arranging any insurance (if any) in respect of the goods or services;
8.2.5 as applicable, agreeing a date for delivery of the goods or services; and
8.2.6 payment of all applicable taxes, duties and costs (including, without limitation, VAT or other consumption taxes and customs and other import duties and tariffs) incurred in connection with the sale and purchase of the goods and services.
8.3 Each Buyer agrees that we, or our nominated agent, may undertake any necessary credit checks on that Buyer’s credit card and authorise us to provide those credit card details to the Seller in the relevant Confirmation Notice where such information was required and specified by the Seller.
8.4 We have no involvement in the sale and purchase of any goods and services other than providing a venue for an item for sale and as described in Clauses 10.1 and 10.3 so we will never accept returns of any goods and services purchased on this Site as we are not the Seller. You must therefore direct all enquiries, of whatever nature, including, but not limited to, goods and services not complying with the listing policy and book condition guidelines, or non-delivery of any goods and services, to the Seller, at whose sole discretion, the goods or services may be replaced or the price refunded.
9. Hellobooks May Change These Terms and Conditions
9.1 We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Site that will be effective forthwith.
9.2 By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us. In any event, your continued use of the Services after any changes to the terms of this Agreement have taken effect in accordance with Clause 11.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
10. Compliance with These Terms and Conditions
10.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
10.2 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
10.2.1 doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
10.2.2 the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
10.2.3 we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
10.3 If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
10.4 If you:
10.4.1 infringe or are suspected of infringing the Intellectual Property Rights of any other person;
10.4.2 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Site or any other web site; or
10.4.3 have an overdue payment on your Hellobooks Account; or
10.4.4 otherwise breach this Agreement, we may, in our absolute discretion:
10.4.4.1 withhold from you, your use of any or all of the Services;
10.4.4.2 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
10.4.4.3 restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
10.4.4.4 terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the Services are restored to you.
11. Use of Site
11.1 In using this Site, you must not:
11.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
11.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
11.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
11.1.4 offer, sell, export or import any books, as stipulated in the Listing policy guidelines.
11.1.5 offer, sell, export, or import any goods and services if this breaches any law applicable to you; and
11.1.6 engage in any practice or conduct that is unlawful under any laws applicable to you;
11.1.7 copy, modify, or distribute rights or content from our sites, services or tools or hellobooks.co.za copyrights and trademarks;
11.1.8 harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on hellobooks.co.za without the express permission of Hellobooks;
11.2 Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those web sites, or the products and services contained on those web sites.
11.3 The information and material contained on this Site has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Site from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
11.4 Using information about other hellobooks.co.za users –
11.4.1 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:
- hellobook.co.za transaction related purposes that are not unsolicited commercial communications;
- using services offered through hellobooks.co.za; and
- other purposes a user expressly agrees to.
11.4.2 You agree to respect other users’ privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
12. Entering into this Agreement
12.1 You represent and warrant to us:
12.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
12.1.2 if you are a juristic entity:
18.104.22.168 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell goods; and
22.214.171.124 entering into this Agreement does not violate your Constitution; and
126.96.36.199 you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
12.2 Transactions in case of a minor
12.2.1 If you are under 18 years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of hellobooks.co.za, unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
12.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Hellobooks.
12.2.3 We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should hellobooks.co.za, in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
12.2.4 To the extent that you utilize our services, we shall deem it that you were/are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
13. Licence of, and Use of, your Information
13.1 You hereby grant to us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to exercise the Intellectual Property Rights you have in your information, in whatever medium.
13.2 Subject to Clause 13.1, we agree to use your information only in accordance with the Privacy Statement below. If you do not agree with the terms of the Privacy Statement, please do not accept these terms and conditions.
13.3 We further agree and/or undertake to process your personal information in accordance with the provisions of the Protection of Personal Information Act
14. Privacy Statement
This privacy statement discloses the privacy practices for the hellobooks.co.za.
We have agreed to notify you of the following when collecting your personal information:
14.1. The information being collected and the source from which it is collected when collected from another person;
14.2. Our name and address;
14.3. The purpose for which the information is being collected;
14.4. Whether or not the supply of information by yourself is mandatory or voluntary;
14.5. The consequences of a failure to provide the requisite information;
14.6. Any particular law authorising or requiring the collection of the information;
14.7. Whether we intend to transfer the information to a third country or international organisation and the level of protection afforded to the information by the said third country or international organisation;
14.8. Any further information such as:
– the recipient of the information or with whom the information may be shared;
– the nature and category of the information;
– your right of access to and the right to rectify that information;
– your right to object to the processing of your personal information; and
– the right to lodge a complaint with the Information Regulator and the contact details of the Information Regulator.
If you have questions or concerns regarding this statement, you should please contact Customer Support by email on firstname.lastname@example.org.
14.1 Information Collection and Use
14.1.1 the information we collect from you is collected for a specific, explicitly defined and lawful purpose related to the function and activity of hellobooks.co.za as established in clause 14.1.2 of this Agreement. You acknowledge and agree that we may collect this information from you in connection with or as a consequence of your use of our site, including, without limitation, the supply of the online trading services to you.
14.1.2 the purpose of collection.
14.1.3 we are the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in any way other than as disclosed in this privacy statement.
14.1.4 we collect information from our users at several different points on our site. We collect information about your bidding, buying and selling activities if you choose to participate on our site as a result of you engaging in these activities, and also from ratings and comments received from other users regarding you engaging in those activities. We also collect information from any form of correspondence, such as emails and telephone and WhatsApp messaging conversations, from you or from a third party about you. We may also collect information from you if you choose to partake in special promotions with third parties on our site. This information will be shared with that third party, but only with your consent and for the purpose of that promotion.
14.1.5 we will also collect financial information about you if you purchase any goods and services on our site, if you sell on our site, and also as set out in the Terms and Conditions of Use of this Site. We do charge fees for selling, and your payment information will be used to charge you accordingly. We may pass your payment information onto recognised partners in certain cases, such as for charging you for selling goods on the website where the services of shipping and delivery or fulfilment companies are offered to our users, but only in cases where our users have requested those services from us. Other information that we collect is outlined below.
14.2.1 in order to use our site, you must first complete the registration form for both buyers and sellers. Buyers can also create an account when completing purchase while seller account will be pre-approved at the discretion of hellobooks.co.za. When you register we collect personal information such as your name, address, email address, mobile and WhatsApp numbers. This information is used to contact you about the services on our site for which you have expressed interest. We also collect additional information such as your interest, preferences & referral details to Hellobooks, and unique identifiers (such as your company name and VAT number, if applicable). All information that is mandatory is made known on the registration form and is necessary to complete the registration process. You are encouraged to provide the additional, optional information specified on the registration form so we can provide you with a more personalized experience on our site.
14.2.2 we may, at our sole discretion, request additional personal information from you. You may be required to confirm such details as your identity, address and contact information for security and verification reasons. This information may include copies of ID documents, passports, utility bills, licenses, rights to sell or distribute a particular item or product, legal or financial documentation, or any other documentation related to your use of this website (but not limited to this).
A Cookie is a small data file that your browser writes to your own computer’s hard drive in order to remember certain information and is linked to some personally identifiable information while on our site. Cookies are used to store your Handle and Password so that you don’t need to type these in each time you log in or complete a service, thereby saving time whilst on our site. If you reject cookies, you may still browse our site. However, in order to log in and buy or sell cookies are required to be turned on.
There are two sorts of cookies used on our site: session cookies and persistent cookies. Once you close your browser, the session cookie simply terminates, whereas the persistent cookie remains to enable us to track and target your interests to enhance your experience on our site.
14.4 Log Files
We collect statistical information about you from page hits. Every page, image or cgi program requested by your browser from our servers is logged in a log file, which also collects the following information: your remote IP address, the referring HTML page and the type of browser and computer that you are using. We use IP addresses to analyse trends, administer our site, track your movements, and gather broad demographic information for aggregate use. The statistical information we gather is used internally for marketing analysis. This information and IP addresses are not linked to personally identifiable information.
14.4.1 we will release information about you (as either the buyer or the seller) to the respective buyer or seller, as the case may be, in the following circumstances:
14.4.2 where you, as the buyer or seller, are no longer contactable pursuant to a sale or purchase;
14.4.3 where you are not fulfilling your obligations in terms of any sale between yourself and the buyer or seller as the case may be;
14.4.4 where you, as the buyer or seller, are acting illegally or fraudulently.
14.4.5 after every successful transaction on hellobooks.co.za for the purpose of the delivery of the goods your details will be provided to the buyer or seller depending your activity.
14.5.4 this information will also, in addition to the above, only be released to the other party by ourselves:
– upon a formal request by the buyer or seller, as the case may be, in terms of The Promotion of Access to Information Act
– the release of such information is reasonably necessary and appropriate to enforce or apply the Terms and Conditions of Use of This Site;
– the release of such information is reasonably necessary and appropriate to protect the rights, property or safety of hellobooks.co.za, our users and others; and
– access to such information is not refused on any of the grounds for refusal set out in Chapter 4 of Part 3 of the Promotion of Access to Information Act.
14.5.5 upon a formal request by the buyer or seller, as the case may be, for access to your information for any of the reasons listed in Clause 14.5.3 above, we undertake to notify you of such request (via email) and should you fail to respond to such communication within 3 days of the delivery thereof, your information will be released to the said party.
14.5.6 in accepting these terms and conditions, you hereby consent to the release of your information at the occurrence of any of those circumstances listed in Clause 14.5.3 above and upon any failure by yourself to respond to any notification of a request to your information by the buyer or seller as the case may be.
14.5.7 you also agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), through the release of your personal details, in the event of (a) and (b) above.
14.6 External Links
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this site.
14.7 Newsletter and E-Mail
If you wish to subscribe to our newsletter, we ask for contact information such as email addresses. However, it is completely at your discretion to be removed from such a list as set out in our choice and opt-out section below.
14.8 Site and Services Updates
We also send you site and services announcement updates. You are not able to un-subscribe from these because they contain important information about our site and our services.
14.9 Surveys and Contests
14.9.1 from time-to-time we request information from you via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose any information to us. Information requested may include contact information (such as email addresses) and demographic information. We partner with third parties for supplying prizes for our contests, but no information is shared with these third parties.
14.9.2 contact information will be used by us to notify the winners and award prizes in relation to our competitions, and also for promotional mailings. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this site. Established users of our site will be automatically entered into some of our contests, thereby providing them with more opportunities to win.
14.10 Public Forums
If we make chat rooms and message boards available to our users, please remember that any information that is disclosed in these areas becomes public information. You should therefore exercise caution when deciding to disclose your personal information. We may, from time to time, monitor private messages and communication between users using our forum private messaging system, to ensure security and policy adherence.
If you elect to use our referral service for informing a friend about our site, we ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting them to visit our site. We store this information for the sole purpose of sending this one-time email. Your friend may at any time contact us at email@example.com to request the removal of this information from our database.
We take every precaution to prevent the loss, misuse and alteration of all information under our control. When you submit sensitive information via our site, your information is protected both online and offline.
When our Payment Gateway (PayFast) asks you to enter sensitive information (such as credit card number), that information is encrypted and is protected using SSL. While on a secure page, such as our payment gateway, the lock icon on the top or bottom of Web browsers.
While we use encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. The servers that we store personally identifiable information on are kept in a secure environment.
If you have any questions about the security at our site, you can send an email to firstname.lastname@example.org
14.13 Supplementation of Information
In order for this site to properly fulfil its obligation to our customers, it is necessary for us to supplement the information we receive with information from third party sources.
14.14 Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, our users have the option not to receive these types of communications (refer to our choice and opt-out section below).
14.15 Correction/Updating Personal Information:
If your personally identifiable information changes (such as your email address), or if you no longer desire to use our services, you may correct, update or remove your personal data provided to us. This can be done at the member information page or by emailing our Customer Support at email@example.com.
Should you wish us to remove your personal data provided to us, we will delete your account. However, records of your personal information will be retained for a period of 5 years as required for lawful purposes related to our functions and activities and for statistical purposes in accordance with the Protection of Personal Information Act. This information will merely be retained and not used, shared or sold.
If you no longer wish to receive our newsletter, information about products and services and special deals, surveys, or promotional materials from us or our partners you may opt-out of receiving these communications by following the unsubscribe instructions in the relevant email or by emailing us at firstname.lastname@example.org.
14.17 Anti-Spam Policy
Hellobooks.co.za is committed to permission-based email marketing practices, and have established this no-tolerance Anti-Spam Policy. Hellobooks.co.za may update this policy and provide notice of any changes on its home page. Your use of this website constitutes your acceptance of the terms and conditions of our Anti-Spam Policy.
Spam is commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. Spam is the opposite of permission-based email
If you believe that you have received Spam connected to hellobooks.co.za in any way, send a complaint including the unsolicited email, to email@example.com. You may also provide any other information that you believe may help a Hellobooks investigation. Hellobooks.co.za does not investigate or take any action based on anonymous Spam complaints.
Individuals who register on hellobooks.co.za and provide their email address, give Hellobooks permission to send information on this Website related information, products and services to said email address. In order to protect your privacy, hellobooks.co.za does not sell, share or trade our subscriber list with anyone for any reason and you may unsubscribe at any time.
14.18 Notification of Changes
14.18.1 if we decide to change our privacy statement, we will post those changes on our Homepage and in our newsletter so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
14.18.2 if we change the way we use your Personally Identifiable Information we will notify you by email in our newsletter. If you would like to opt out of having your information used in this new manner, we will ask you to contact us within a month and your information will not be used. If you do not contact us within that month, we will assume that you consent to have your information used in this new manner.
14.19 Contacting us
If you have any questions about this privacy statement or any questions regarding access to and the protection of your personal information, the practices of this site, or your dealings with us, you can contact us on firstname.lastname@example.org.
15. User Traffic and its Content
15.1 While we will always endeavour to maintain ongoing access, and, prevent and correct disruptions and failures on this Site, we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore, you agree that you:
15.1.1 are responsible for the flow and storage of your information through our computer systems and network resources;
15.1.2 take full responsibility for data, files and other information you own, send, or receive and ensure that at all times you maintain adequate backup copies as appropriate;
15.1.3 must not engage in mass postings of messages, either through e-mail or onto newsgroups, or engage in any harassment, ‘electronic stalking’ or ‘spam’;
15.1.4 must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
15.1.5 accept that certain content on this Site, despite any steps we may take may contain material that you may find inappropriate, offensive, inflammatory, or adult in nature and further accept that we do not endorse such materials and disclaim any and all liability for their contents.
15.2 We cannot and do not know whether you have given access to your Hellobooks account to other people. You are therefore totally responsible for:
15.2.1 when and how your account with us is used; and
15.2.2 the actions of the people (if any) you allow to access, or transmit information through this Site, our computer systems and network resources or otherwise utilise the Services (whether or not you have given them your login and password details or not)
16. Commercial Uses of hellobooks.co.za Services
16.1 We cannot and do not take any responsibility for any commercial enterprises you may conduct as the proprietor of any goods or services that you have chosen to sell or buy in reliance on this Site, our computer systems, network resources or the Services as part of a business or profit-making activity. Specifically:
16.1.1 if you, or those whom you permit to use your account, choose to rely upon this Site, our computer systems, network resources or the Services in any manner to support a business or other profit-making activity, you do so at your own risk absolutely; and
16.1.2 advertising, credit card payment channels, direct-debit facilities, and electronic registration forms are all examples of commercial uses of the Services where you must bear the risk absolutely.
16.2 The Services on this Site are provided to you personally and you must never resell, trade, or barter your rights to use the Services to another person or persons nor permit any third party to use the Services.
17. Relying Upon Hellobooks Services
17.1 Whether you are using the Services for private or commercial purposes, or both, the quality and continuity of our Services depends on many factors over which we have no control and cannot seek to control. While we will always endeavour to maintain ongoing access, disruptions and failures of this Site, any or all computer systems, network resources and the Services, are probable in such an operating environment. Recognising this, you agree that:
17.1.1 we cannot and do not guarantee, warrant or otherwise imply that:
188.8.131.52 you will receive constant and uninterrupted access to this Site or the Services;
184.108.40.206 you will receive unlimited access to all of the content available on the Site at any given time;
17.1.2 we cannot always ensure that this Site, its computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.
I would like to add: You acknowledge and understand that hellobooks.co.za does not warrant that the services will be uninterrupted or error free and that hellobook.co.za may occasionally experience “hard outages” due to internet disruptions that are not within its control. Any such hard outage shall not be considered a breach of this agreement. Your further acknowledge and understand that not all e-mail messages sent through use of the services will be received by their intended recipients.
18. Disclaimer and Limitation of Liability
18.1 Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:
18.1.1 a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;
18.1.2 any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;
18.1.3 whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;
18.1.4 any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;
18.1.5 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;
18.1.6 any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;
18.1.7 any feedback, comments or rating scores made by you, or about you, pursuant to the Rating Systems Rules;
18.1.8 any action taken by us under this Agreement, including, but not limited to, action taken under Clauses 12.1 to 12.4 (inclusive); or
18.1.9 any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.
18.1.10 any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.
18.2 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.
18.3 Notwithstanding anything else in this Agreement if an Indemnified Party is liable to you, whether in respect of negligence or other delict, breach of contract or warranty, breach of statute or statutory duty, equity or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this Agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12 month period commencing on the execution of this Agreement or the anniversary thereof shall be R100.
19. Release and Indemnity
19.1 Notwithstanding, and in addition to any other provision in this Agreement, to the maximum extent permitted by law, you agree to release from, and indemnify, each Indemnified Party, against, any claims, losses, liabilities, suits, demands, proceedings, costs or expenses (including legal costs on a full indemnity basis) directly or indirectly related to, or, arising out of:
19.1.1 your use of the Services;
19.1.2 your offering for sale and the sale of, and/or, your purchasing for and the purchase of, any goods and services as a result of using the Services;
19.1.3 the reproduction, broadcast, transmission communication or making available of any information or material (including credit card details) by us or any users (other than you) made available by use of the Services;
19.1.4 any one or more of the circumstances described in Clause 18.1;
19.1.5 any alleged breach of a person’s rights (including, but not limited to, defamation or misleading or deceptive conduct) by a communication, broadcast or transmission made available by means of the Services; or
19.1.6 any claim by any person arising out of, or in connection with any cessation (temporary or permanent) of the supply of the Services in accordance with this Agreement.
19.2 The indemnity under Clause 19.1 does not extend to:
19.2.1 expenses incurred by us that are unreasonable; or
19.2.2 losses occasioned by us as a result of this Agreement proving not to be profitable to us.
20.1 You and hellobooks.co.za must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 21 before starting any proceedings (except proceedings seeking urgent interlocutory relief).
20.2 The procedure for resolving a dispute is as follows:
20.2.1 first, either you or hellobooks.co.za may give notice to the other about the nature of the dispute (” Notice “) and you and hellobooks.co.za will seek to negotiate a settlement within 14 working days of receipt of the Notice;
20.2.2 second, to the extent those negotiations fail, you and hellobooks.co.za will seek, within a further 2 days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by AFSA Secretariat and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and
20.2.3 failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.
20.3 You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
21. Remedies Cumulative
All rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law. A notice dealing with amendments or variations or updates of this Agreement will be posted on our website. It is your duty and responsibility to familiarize and understand the amendments or variations or updates. By continuing to use our services, you are deemed to have accepted the amendment, variation or update as binding on you.
22. Relationship of Parties
Nothing in this Agreement shall be deemed to constitute any party as the agent, partner or joint venture of another party.
23. Further Assurances
A party shall take all such steps, execute all such documents and do all such acts and things as may be reasonably required by another party to give effect to any of the transactions contemplated by this Agreement.
Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
25. Governing Law
25.1 This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
25.2 With reference to clause 28.1, the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.
You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this site.
Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, or email to the relevant party to this agreement at its respective address as specified on the application for registration on this Site and, in the case of hellobooks.co.za, please make use of email@example.com as the primary contact method for any writing served.
In the case of email, it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.