Terms & Conditions
For the purpose of this agreement, Shopstar is a product developed and owned by Shopstar PTY LTD (Reg Nr 2014/192666/07)
By signing up with Shopstar you agree to the following terms of service. These terms may be updated from time to time, so we advise you to check back to ensure that changes do not impact you.
Terms of Service
1. To activate your service you will need to supply your full name, physical address and any other required fields.
2. You are responsible for keeping your password secure. Shopstar does not have access to your password. All passwords are encrypted.
3. You are responsible for all the content (text, images) you upload.
4. You will not upload any illegal material.
5. You will not attempt to upload any malicious code (viruses, worms).
6. We reserve the right to deactivate or delete your account for any reason at any time.
7. We take no responsibility of the success or not of you using Shopstar. You use the service at your own risk. The service is offered as is.
8. Shopstar does not save any credit card details, these are stored with PCI compliant 3rd party payment partners.
9. Shopstar implements external payment gateways. We cannot take responsibilty of any errors which may occur whilst using these 3rd party services.
10. Shopstar will under no circumstances be liable for any loss or damage you may have using the Shopstar service.
11. SUPPORT queries will be managed through the provided support channels.
12. Shopstar belongs to Shopstar PTY LTD, content you upload belongs to you, if you wish to remove content from our servers you need to delete your account.
13. All Shopstar Design Presets (themes) are available to all Shopstar shops.
14. Under no circumstances will Shopstar refund ZAR for pre-purchased credits.
15. Client may cancel at any time, by sending a cancellation notice to email@example.com.
16. We may change these terms from time to time, it is your responsibility to keep up with these changes.
PAYMENTS & COLLECTIONS
1. Subscription Terms:
a. Payment: Payment for subscriptions is required in advance and will be charged on the date of signup on a pro rata basis, and subsequently on the first day of each month. Payment may be made using the credits available in the account or the primary billing method, such as a credit card.
b. Cancellation: If the customer fails to cancel their subscription and receive confirmation from Shopstar via email, their account will continue to be charged. Cancellation requests made by email may not be processed in time, so immediate cancellation is possible by logging into the customer account. If the account has any outstanding charges, such as chargebacks or transaction fees, these must be settled in full to enable successful cancellation. If subscription fees cannot be charged on the due date, we will conduct further attempts to collect the outstanding amount.
2. Transaction Fee Terms:
a. Payment: Transaction fees will be charged after the transactions take place and will be charged to the primary billing method associated with the account.
b. Settlement: All transaction fees must be paid in full before a customer can cancel their account.
c. Fee structure: Transaction fees are calculated based on a variable rate determined by the gross sales total of transactions marked as PAID and not CANCELLED. The fee structure is as follows:
- Gross paid sales of R5 - R50 000: 1.7%
- Gross paid sales of R50 001 - R500 000: 1.5%
- Gross paid sales of R500 001 - R1 000 000: 1.0%
- Gross paid sales of R1 000 001 - R1 500 000+: 0.5%
d. Pre-negotiated rates: Pre-negotiated rates will be determined and applied at the sole discretion of Shopstar PTY LTD.
e. Changes to fees: Fees may change from time to time and will be updated in the Terms and Conditions and communicated in advance. Changes to pre-negotiated rates will be subject to change without notice or changes to our terms and conditions. If transaction fees cannot be charged on the due date, we will conduct further attempts to collect the outstanding amount.
Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Shopstar and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopstar partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
Disclaimer of Warranties
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Shopstar is not responsible for any of your tax obligations or liabilities related to the use of Shopstar’s Services. It is your responsibility to ensure that you comply with all applicable tax laws and regulations.
By signing up and using the Shopstar services, you agree and consent to these terms and conditions.
- Shopstar is owned by Shopstar PTY LTD (Reg Nr 2014/192666/07).
- Shopstar may collect personal information such as your name, address, banking details or credit card details. This information is only used to render our services to you, and will not be shared with others unless it is required to render this service. An example of such is to share information with a third party vendor such as the payment gateway.
- We may have to disclose personal information should this be required by a court order.
- Sensitive information is stored in an encrypted format, and although we do everything to keep this information secure, we cannot guarantee absolute security.
- These Privacy Terms may be changed from time to time, it is your responsibility to keep up to date with them.
SHOPSTAR PAY PAYMENT TERMS OF SERVICE (“PAYMENT TERMS”).
THESE PAYMENT TERMS ARE EFFECTIVE AS OF: 15 April 2019 “EFFECTIVE DATE”.
READ THESE PAYMENT TERMS CAREFULLY BEFORE UTILISING OUR PAYMENT SERVICE. YOUR CONTINUED USE OF THE SHOPSTAR PAYMENT SERVICE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE PAYMENT TERMS. YOU CANNOT USE THE SHOPSTAR PAYMENT SERVICE IF YOU DO NOT ACCEPT THESE PAYMENT TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL VENDORS AND CUSTOMERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1. Shopstar Pay is made available, and owned by Shopstar (Pty) Ltd (bearing registration number 2014/192666/07) (hereinafter referred to as "Shopstar", “Website”, "we", “our", "us" or “its”). Any reference to "Shopstar ", "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.
1.2. These Payment Terms, including any document incorporated by reference herein, including, but not limited to the Terms and Conditions (collectively, the "Terms") apply to the Vendor and Customer making use of the Payment Services.
1.3. Selling goods or services to a Customer through the use of the Payment Services after the Effective Date will signify that the Vendor has read, understands, accepts, and agrees to be bound, and are bound, by these Payment Terms in such Vendor’s individual capacity and/or for and on behalf of any entity for whom the Vendor utilises the Payment Services. Further, the Vendor represents and warrants that the Vendor has the authority to do so and that in the case of a Vendor being a natural person, the Vendor is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Payment Terms with prospective effect without prior notice to Vendors, and any revisions to the Payment Terms shall be noted within such Payment Terms and will take effect when posted on the Website, unless a later date is otherwise stated in the revised Payment Terms. A Vendor’s continued sale of goods to Customers utilising the Payment Services will be construed as a Vendor’s consent to the amended or updated Payment Terms, and will be conditional upon the Terms in force at the time of use. A Vendor’s only remedy, should such Vendor not agree to these Payment Terms, is to no longer make use of the Payment Services.
1.5. We do not accept any Vendors, or representatives of Vendors, under the age of majority or who otherwise do not have the relevant capacity to be bound by the Payment Terms, unless such Vendor has, through their parent or guardian, consented to the terms hereof.
2.1. The following terminology applies to these Payment Terms:
2.1.1. “Customers” shall mean the person or entity purchasing goods from the Vendor utilising the Payment Services;
2.1.2. “Payment Service(s)” shall refer to Shopstar Pay and carry the definition as set out in clause 3.1 below;
2.1.3. “Services” shall mean the services as provided to the Vendor and set out more fully in the Terms and Conditions, which Terms and Conditions can be located in the Terms & Conditions outlined at the top of this page; and
2.1.4. “Vendor” shall mean the person or entity making use of the Payment Services as provided by Shopstar.
2.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. PAYMENT SERVICES
3.1. The Payment Service is a service which enables a Vendor to accept payments whilst utilising the Services through a payment processor, being Peach Payments.
3.2. It is specifically recorded that:
3.2.1. a card holder’s details shall not pass through or be stored on any Shopstar server irrespective as to whether the Customer is a regular purchaser or not. Sensitive cardholder details are directly transmitted from a Customer’s browser to Peach Payments’ systems. Shopstar’s staff and other electronic systems do not have any access to card numbers or other financial information at any time;
3.2.2. a cardholder may when purchasing from a Vendor on Shopstar, elect to have their details stored by Peach Payments, but Shopstar shall have no access to this stored information; and
3.2.3. Shopstar is unable to access any information as provided to Peach Payments by a Customer.
3.2.4. Payment Service(s) provided to vendors will process payments in South African Rands (ZAR) regardless of the current used on the vendor's shopfront and/or services.
3.2.4. When a Vendor creates an account with Shopstar, the Payment Service will be activated by default. The Vendor can disable the Payment Service at any time and has full access to do so within their administration dashboard.
3.2.5. The Vendor, by creating an account with Shopstar, deems to have read and understood these Terms and Conditions and therefore accepts the Terms and Conditions of the Payment Services.
3.3. In accepting these Payment Terms the Vendor agrees to be bound by the terms and conditions as put in place by Peach Payments from time to time. In the event of there being an inconsistency between Shopstar’s Payment Terms and those of Peach Payments, the terms of Peach Payments shall supersede those of Shopstar only insofar as the subject of processing payments may be concerned.
3.4. The Vendor and the Customer are both encouraged to consult the website of Peach Payments in order to familiarise themselves with the security protocols and other policies in place. The Vendor and Customer may also email firstname.lastname@example.org should they have any further queries.
4. PAYMENT METHODS
4.1. Peach Payments support most payment methods including credit and debit cards.
4.2. The Vendor undertakes to be solely and exclusively responsible for:
4.2.1. the use of the Payment Services; and
4.2.2. all transactions made through Peach Payments by the Customer; and
4.2.3. disabling the acceptance of Payments via the Payment Services when the Vendor does not want to make use of the Payment Services.
4.3. Shopstar shall not be held liable for any payments which are authorised and which may later be reversed or charged back for any reason.
5. PAYMENT TO VENDOR
5.1. Shopstar shall make payment to the Vendor each Friday (unless the Friday is a public holiday, in which case the next business day) in respect of the accumulated sales for such Vendor calculated from the Thursday of the preceding week to the Thursday of the current week, by way of EFT, and into the Vendor’s nominated banking account.
5.2. Until date of payment, these funds will be held in a separate account to that used by Shopstar in the running of its business.
5.3. In holding funds and paying the Vendor, Shopstar is not assuming the role of a bank, a registered financial institution, or portraying that it is in the business of providing money or financial services. Shopstar is merely holding these funds in its capacity as an agent for the Vendor.
5.4. The payment made to the Vendor shall be that paid by the Customer through Peach Payments less any and all transaction fees as levied by Peach Payments which at present amount to 3.5% (three point five percent) of the value of the transaction plus a R1.50 (one Rand and fifty cents) once off fee, and which amounts are exclusive of VAT. These transaction fees are those levied by Peach Payments and not Shopstar, and are subject to change.
5.5 Shopstar will do it's best to make sure that payments are made on the nominated day (Friday) of every week. Due to our reliance on our upstream payment providers and South African banks, there may from time to time be a delay that is out of Shopstar's control. If a delay is encountered, payments will be made as soon as possible thereafter. The Vendor hereby indemnify Shopstar for any liability whatsoever which might arise therefrom.
5.6 Please note that this is a beta version of the Shoptar Pay service which is still undergoing final testing before its official release. The service, its software and all content found on it are provided on an “as is” and “as available” basis. Shopstar does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its content.
5.7 Shopstar will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Shopstar Pay service, its software or content. Any transactions or usage of the service is done at the Vendor and/or Customer own risk and the Vendor will be solely responsible for any damages or loss of data that results from such activities.
6. SHOPSTAR’S ASSISTANCE
6.1. Shopstar will use its best endeavours to provide customer support in order to assist the Vendor in resolving any issues that may arise from the Customer’s and Vendor’s use of the Payment Service.
6.2. The onus shall however rest on the Vendor relating to the final resolution of any disputes as between itself and its Customers, be they in respect of products supplied by the Vendor or the Payment Service.
7.1. In the event of a Customer instituting a chargeback against payment made to a Vendor arising out of a dispute, whether it be in respect of inter alia goods not being delivered, being delivered in an unacceptable condition or out of time, alternatively as a result of an alleged fraudulent transaction raised on the Customer’s card, both the Customer and the Vendor recognise that that Shopstar shall not be viewed as being a party to either the transaction, or the outcome as to the success or failure of the chargeback.
7.2. Both the Customer and the Vendor realise that there exists a risk of non-payment or non-refund, and the final outcome shall rest with the Customer’s banking institution. Both the Customer and the Vendor agree that the decision of the banking institution shall be final and binding on both of them.
7.3. In the event of a chargeback being initiated for any reason whatsoever, both the Customer and the Vendor hereby indemnify Shopstar for any liability whatsoever which might arise therefrom.
7.4. Shopstar specifically reserves its right to recover any chargeback funds from the party concerned which may have been incurred as a result as a result of any chargeback.
7.5. Should, at the sole and absolute discretion of Shopstar, a Vendor for whatever reason have an excessive number of chargeback requests levied against it, then Shopstar reserves the right to suspend or terminate the Payment Service at its discretion in respect of such Vendor.
7.6. In the event of either the Vendor or the Customer being made aware of any fraudulent act or transaction, they are to contact Shopstar at this address: email@example.com.
8. COMMENCEMENT & TERMINATION
8.1. These Payment Terms shall commence on the Effective Date, and shall continue for as long as the Vendor or Customer, as the case may be, continues to make use of the Payment Services.
9.1. Clauses which out of necessity or by implication herein survive termination of these Payment Terms, shall remain in full and effect despite the termination hereof.
10. RESERVATION OF RIGHTS
10.1. Shopstar reserves the right to terminate the Payment Services as set out in the Payment Terms in its sole discretion, and to refuse the Vendor any and all future use of the Payment Services if the Vendor or Customer (as the case may be) is in breach of either the Terms and Conditions or these Payment Terms.
11.1. Personal Information
11.1.1. For the purposes of this section, personal information (“Personal Information”) will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act"). Shopstar also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
11.1.2. Shopstar wishes to balance our legitimate business interests and the Vendor’s and Customer’s reasonable expectation of privacy. Accordingly, Shopstar will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.
11.1.3. A Vendor will be prompted to register an account with Shopstar. In so doing, a Vendor may be asked to provide the following Personal Information:
220.127.116.11. First name;
18.104.22.168. Physical address;
22.214.171.124. Phone number;
126.96.36.199. Bank account details; and
188.8.131.52. Company / CC / business name.
184.108.40.206. Company/CC/business registration number.
11.1.4. A Customer, when checking out on a Vendor’s online store, may be prompted to provide the following Personal Information:
220.127.116.11. First name;
18.104.22.168. Physical address;
22.214.171.124. Phone number;
126.96.36.199. Card details or other account information; and
188.8.131.52. Company / CC / business name.
11.1.5. Shopstar will attempt to limit the types of Personal Information it processes to only that to which a Vendor consents to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, agreement to these this clause 11 constitutes the Vendor’s consent as contemplated in section 69 of the Act.
11.1.6. All payment information will be captured through the Website. In this regard, however, Shopstar shall not retain any payment information on behalf of Vendors or Customers. All payment information will be stored directly with Peach Payments.
11.1.7. Shopstar will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with a Vendor’s or Customer’s (as the case may be) specific consent or in the circumstances permitted by law.
11.1.8. By agreeing to the terms contained in this clause 11, the Vendor and Customer consent to the use of its Personal Information in relation to:
184.108.40.206. the provision and performance of the Payment Services;
220.127.116.11. informing the Vendor of changes made to the Payment Services;
18.104.22.168. the provision of marketing related services to the Vendor by Shopstar;
22.214.171.124. responding to any queries or requests the Vendor may have;
126.96.36.199. developing a more direct and substantial relationship with the Vendor for the purposes described in these Payment Terms;
188.8.131.52. developing an online user profile;
184.108.40.206. understanding general trends and patterns so that Shopstar can develop and support existing and ongoing marketing strategies;
220.127.116.11. for security, administrative and legal purposes; and
18.104.22.168. the creation and development of market data profiles which may provide insight into market norms, practices and trends to help Shopstar improve our offering to the Vendor. Such information will be compiled and retained in aggregated form, but shall not be used in any way which may comprise the identity of the Vendor.
11.1.9. Although absolute security cannot be guaranteed on the internet, Shopstar has in place up-to-date, reasonable technical and organisational security measures to protect the Vendor’s and Customer’s Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
11.1.10. While Shopstar cannot ensure or warrant the security of any Personal Information the Vendor provides us, Shopstar will continue to maintain and improve these security measures over time in line with legal and technological developments.
11.1.11. Shopstar stores the Vendor’s and Customer’s Personal Information directly, or alternatively, stores the Vendors’ and Customer’s Personal Information on, and transfers same to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, Shopstar will take the necessary steps to ensure that the such Personal Information is adequately protected in that jurisdiction.
11.1.12. Such Personal Information will not be stored for longer than is necessary for the purposes described herein or as required by applicable legislation.
11.1.13. The Personal Information Shopstar collects shall only be accessed by Shopstar and Peach Payments employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
11.1.14. Shopstar will not sell, share, or rent the Personal Information to any third party or use a Vendor’s or Customer’s e-mail address for unsolicited mail. Any emails sent by Shopstar will only be in connection with the provision of our Payment Services and/or the marketing thereof.
12. VENDOR’S DUTY OF PRIVACY IN RELATION TO A CUSTOMER
12.1. The Vendor confirms that it has taken all steps necessary in order to ensure that it is compliant with both the Act and the ECT Act insofar as its Customers are concerned, and that Shopstar will not be in breach of the Act or the ECT Act in obtaining such information from the Vendor during the provision of the Services or the Payment Services.
12.2. Both the Customer and the Vendor specifically indemnify Shopstar for any and all liability arising out of a breach of clause 12.1 above.
13. PROHIBITED ACTIVITIES
13.1. The Vendor and Customer may not make use of the Payment Services in an attempt to or the performance of any one or more of the activities set out in this clause 13, with each activity in isolation being termed as a prohibited activity:
13.1.1. violation of any laws, statutes, ordinance or regulations;
13.1.2. undertaking, initiating, aiding or abetting criminal activity of any kind, including but not limited to, malicious hacking, illegal gambling operations, money laundering or the financing of terrorists or terrorist activity;
13.1.3. any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material as well as unsolicited advertising, bulk e-mailing of commercial advertising, sending chain mails, requests on behalf of charities, calling for the signature of petitions as well as informational announcements;
13.1.4. take any action, including but not limited to those set out above, that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques (whether automated or not);
13.1.5. use the Payment Services for any illegal purpose or in violation of any national/international law or other applicable legislation, which shall include laws relating to the payment of taxes and respect to privacy together with any obligations that a Vendor or Customer may owe to third parties;
13.1.6. post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which the Vendor or Customer is not authorised to transfer to another party;
13.1.7. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
13.1.8. mislead or deceive others through any act or omission or make a false representation about any party’s identity, including the impersonation of a real or fictitious person or entity, or using an alternative identity or pseudonym;
13.1.9. use the Payment Services in order to harass, abuse, defame, threaten, instigate or initiate any action that may be viewed as harmful or unlawful against a third person or entity;
13.1.10. use the Payment Services in an attempt to obtain personal information of other Customers, Vendors or Shopstar, without consent;
13.1.11. use the Payment Services as a front for a debt collection agency or banking institution;
13.1.12. depositing funds into, alternatively in any other manner, supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes, high-yield investment programmes, or any cause which may be seen to be obscene, defamatory, libellous, threatening, pornographic, hateful or racially offensive;
13.1.13. use the Payment Services as a front, or alter ego decoy in order to receive fraudulent funds, or what may be perceived by Shopstar to be fraudulent funds;
13.1.14. use the Payment Services in a manner that is or may be perceived to be an abuse or violation of the Payment Service or rules which govern same;
13.1.15. use the Payment Services as a vehicle to provide itself or assist third-parties in obtaining cash advances from a credit card;
13.1.16. use the Payment Services in a manner which facilitates a transfer between two banking accounts owned by the same person and held in the same name;
13.1.17. use the Payment Services to control linked accounts, which are, have, or may be engaged in the above activities;
13.1.18. use the Payment Services in an abusive manner resulting in complaints, disputes, reversal of payments, chargebacks, fees, fines, penalties and other liabilities to Shopstar, a Customer, a third-party or a Vendor;
13.1.19. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment on the Website or in relation to the Payment Services;
13.1.20. crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Website;
13.1.21. remove or alter Shopstar’s copyright notices or other means of identification including any watermarks, as they appear on the Website; and
13.1.22. distribute or publish any part of the information or content included in the Payment Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public, in a manner that casts Shopstar in a bad light.
13.2. In the event of Shopstar suspecting that a Vendor or Customer is acting, or assisting a third-party to act in this manner, it reserves the right to collect evidence to prove or disprove such activities, which evidence may include but not be limited to IP addresses, business names, telephone numbers and e-mail addresses.
14. LIMITATION ON GOODS TO BE SOLD BY THE VENDOR
14.1. The following items shall not be recognised as goods by Shopstar, and accordingly may not be sold through the use of the Payment Services:
14.1.1. any perishable food, beverage or other item that requires refrigeration or other environmental control;
14.1.2. live insects or animals;
14.1.3. pornography or obscene materials;
14.1.4. shipments of any materials prohibited by national, provincial or local law;
14.1.5. sale of narcotics, controlled substances and the paraphernalia associated therewith;
14.1.6. any item of whatsoever nature which could be interpreted to be a catalyst to promote or incite hate, racial disharmony, the exploitation of a crime or as the instigation of an illegal activity;
14.1.7. an item that promotes or supports self-harm, could cause harm to others or the veneration of harmful actions;
14.1.8. motor vehicles and immovable property; and
14.1.9. an item which may be interpreted as being one of intellectual property infringement.
15. LIMITATION OF LIABILITY AND INDEMNITY
15.1. The Payment Services shall be used entirely at the Vendor’s and the Customer’s own risk.
15.2. The Vendor and the Customer hereby indemnify Shopstar, and agree to keep Shopstar indemnified, from and against any claim, loss, damage, cost or expense that Shopstar may suffer or incur as a result of or in connection with the Vendor’s or the Customer’s use of or conduct in connection with the Payment Services or the Website, including any breach by the Vendor or the Customer of the Payment Terms or any applicable law or licensing requirements.
15.3. To the maximum extent permitted by law, Shopstar excludes all implied representations and warranties which, but for these terms, might apply in relation to the Vendor’s or Customer’s use of the Website or the Payment Service.
15.4. To the extent that Shopstar’s liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to the Vendor or Customer will be limited to the minimum amount imposed by such law.
15.5. Notwithstanding anything to the contrary in these terms, in no circumstances will Shopstar be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.
15.6. Shopstar shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.
15.7. Without limiting the generality of the foregoing, Shopstar makes no warranty that the Payment Services will meet either a Vendor or a Customer’s requirements, or that the Payment Services will be uninterrupted, timely, secure, error free or that defects in respect of the Payment Services will be corrected, nor that it will be virus free.
15.8. Both the Vendor and the Customer accept that access to the Services and the Payment Service may be restricted on occasion due to necessary updates and maintenance being carried out on the Website.
15.9. Except for any express warranties in these Payment Terms, the Payment Service is provided on an “as is” basis and used at the Vendor and Customer’s own risk.
15.10. Shopstar makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
16.1. Confidential information means any documents or information created, received or obtained from Shopstar, together with information relating to Shopstar as well as non-public information pertaining to Shopstar’s business (including, without limitation pricing information, any related entities, the identity of Vendors, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.
16.2. The Vendor and Customer may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.
16.3. Where a Vendor or Customer is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.
16.4. The Vendor and/or Customer shall notify Shopstar immediately upon becoming aware of a suspected or actual breach of this obligation.
16.5. Shopstar will not disclose or make available to any third party, directly or indirectly, any Vendor’s Confidential Information, except where Shopstar has the Vendor’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms), in furtherance of the Vendor’s use of the Services or Payment Services, to enforce these Terms or if legally compelled to do so.
17.1. Our failure to enforce any provision of the Payment Terms shall not constitute a waiver of such provision. Further, any consent to depart from the Payment Terms shall be ineffective unless it is confirmed in writing and signed by us.
17.2. Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
17.3. The rights, powers and remedies provided to us in these Payment Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Payment Terms.
17.4. These Payment Terms constitute the entire agreement in as far as the provision of the Payment Services are concerned. The Vendor acknowledges and agrees that it has not relied on any representations by Shopstar except those contained in these Payment Terms.
17.5. The laws of the Republic of South Africa shall apply to these Terms.
17.6. Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.
17.7. Shopstar may assign or novate any of our rights or obligations under these Terms without a Vendor’s or Customer’s consent. A Vendor and/or Customer may not assign or novate any of his/her/its rights.
17.8. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.
18. DOMICILIUM CITANDI ET EXECUTANDI AND CONTACT INFORMATION
18.1. The Vendor, Customer and Shopstar choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
18.1.1. Shopstar (Pty) Ltd
113 Loop Street, Cape TownWestern Cape8001
18.1.2. Vendor: The address as provided when registering on the Website.
18.1.3. Customer: The address as provided when registering on the Website.
18.2. Both the Vendor, Customer and Shopstar may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
18.3. All notices to be given in terms of the Terms will:
18.3.1. be given in writing;
18.3.2. be delivered or sent by email; and
18.3.3. be presumed to have been received on the date of delivery.
18.4. Notwithstanding the above, any notice actually received by the party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
19. APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECT ACT")
19.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by Shopstar if and when Shopstar responds to the Data Messages.
19.2. Data Messages sent by Shopstar to a Vendor or Customer will be deemed to have been received by the Vendor or Customer, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.
19.3. Vendors acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between the Vendor, a Customer and Shopstar.
20. INFORMATION TO BE PROVIDED IN TERMS OF SECTION 43(1) OF THE ECT ACT:
20.1. The Vendor and Customer warrant that Data Messages sent to Shopstar from any electronic device used by it/he/she from time to time, were sent and or authorised by such user, personally.