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VENDOR AGREEMENT

by Tania Wannenburg

For the purpose of this Agreement, Building & Décor Shop Media in Africa Group (Pty) Ltd is a product developed and owned by Media in Africa Group PTY LTD (Reg Nr 2014/192666/07) 
 

By signing up with Building & Décor Shop Media in Africa Group , You agree to the following Terms of Service:  

Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following conditions.  The following conditions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions 

For the purposes of these Terms and Conditions: 

  1. Affiliate. Means an entity that controls, is controlled by or under common control with a party, where ”control” means ownership of 50% or  more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authorities. 
  1. Company.  (Referred to as either ”the Company”, ”We”, ”Us”, or ”Our” in this Agreement), refers to Media in Africa Group, 246 Frans Lizst Street, Constantia Park, Pretoria, 0181. 
  1. You. Mean the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 
  1. Ownership. We or Our third-party licensors own all rights in this website. 
  1. Terms and Conditions. (Also referred as ”Terms”) mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service. 
  1. Third-party Social Media Service. Means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. 
  1. Website. Refers to Building and Décor, accessible from https://www.buildinganddecor.co.za 
  1. Device. Means any device that can access the Service such as a computer, a cellphone or a digital tablet. 

Terms of Conditions for Use and Acknowledgement 

If you have any questions about these Terms and Conditions, You can contact us by email: ofentse@mediainafrica.co.za 

These are the Terms of Conditions governing the use of this Service and the Agreement that operates between You and the Company.  These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. 

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By accessing or using the Service You agree to be bound by these Terms of Use and Conditions.  If you disagree with any part of these Terms and Conditions, then You may not access the Service. 

  1. Governing law. South African law governs this Agreement. 
  1. Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court. 
  1. You represent that You are over the age of 18 years.  The Company does not permit those under 18 to use the Service. 
  1. Duration. These Terms commence when you accept them and continue until terminated. 
  1. Payment method. In order to make use of the Service, You and the Customers are required to be a PayPal Account Holder with an active account, as PayPal is the preferred payment method for all products sold via the Service.  
  1. Commission. You agree to pay Us a commission of 15% per sales transaction on the Service platform, the amount paid by the Customer to be split proportionally by PayPal and each party’s applicable payment directly be paid over to the respective PayPal accounts. You may not withhold payment of any amount due to us for any reason.  
  1. Shipment of Products. 

You undertake to be solely and exclusively responsible for the below, including the costs involved: 

  1. the use of the Service;  
  1. your: Shipment Policy, Refund Policy and Return/Cancellation/Exchange Policy 
  1. the packaging and shipment of Your products sold to the Customer; 
  1. the use of a proper Shipment/Courier Service that provides adequate insurance cover on shipped products, and 
  1. all transactions made through PayPal by the Customer. 

You agree that Media in Africa Group is not a Party to and shall not be held liable for any payments which are authorized and which may later be reversed or charged back for any reason. Media in Africa Group shall not be viewed by You or the Customer as being a party to either the transaction, or the outcome as to the success or failure of the chargeback. 

  1. Own risk & Disclaimer.  You use this Website at your own risk and we make no warranties about it. The Service is provided to You ”AS IS” and ”AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.  Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

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Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;  (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service, or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You, but in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 

  1. Termination. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. 
  1. Limitation of Liability. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Service or 100 USD if You haven’t sold anything through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy falls of its essential purpose. 

Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these States, each party’s liability will be limited to the greatest extent permitted by law. 

  1. Changes. We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.  By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using Our website and the Service. 
  1. Intellectual property. You may not conduct any activity which compromises or breaches another party’s or Our patent rights, trademark, copyright or other intellectual property rights. 
  1. Limitations on Products to be sold. The following items shall not be recognized as Products by Media in Africa Group, and accordingly may not be sold through the use of the Services: 

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  1. any perishable food, beverage or other item that requires refrigeration or other environmental control; 
  1. live insects, plants or animals; 
  1. pornography or obscene materials; 
  1. shipments of any materials prohibited by national, provincial or local law; 
  1. sale of narcotics, controlled substances and the paraphernalia associated therewith;  
  1. 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;  
  1. an item that promotes or supports self-harm, could cause harm to others or the veneration of harmful actions; 
  1. motor vehicles and immovable property; and 
  1. an item which may be interpreted as being one of intellectual property infringement. 
  1. Privacy Policy. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which is available on Our Website.  Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.  The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.  You further acknowledge and agree that the Company shall not be responsible or liable, directly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.