1. Introduction
Through the use of the Services, Users acknowledge and agree that they understand that Gumtree merely enables transacting between Users and does not itself become a party to any transactions contemplated, negotiated or concluded between Users. As such, Gumtree cannot be held liable or responsible for any disputes or claims which may arise, directly, or indirectly by virtue of the transactions concluded between Users or the usage of the Services associated with third parties and/or Service Providers. It is important for Users to consider the provisions of this Dispute Resolution Policy carefully as it provides important information relating to the following matters:
Users may be required to follow different dispute resolution procedures depending on, among other factors:
As such, the provisions of Gumtree’s T’s and C’s (“T’s and C’s”), as well as this Dispute Resolution Policy requires you to resolve certain disputes directly with Gumtree and also limits the manner in which you can seek relief from Gumtree.
2. Disputes arising from the performance of the Services provided by Gumtree
The provisions of this Dispute Resolution Policy apply only to a dispute which has arisen between Users and Gumtree in relation to the performance of the Services, as defined in the T’s and C’s.
A dispute will arise in relation to the agreement established by a User’s acceptance of Gumtree’s T’s and C’s if a Party writes to the other Party about the dispute and asks for it to be resolved in terms of these provisions of the Dispute Resolution Policy. The Parties must refer any dispute to be resolved by:
- In the first instance, entering into negotiation (direct talks to try and agree how to end the dispute), failing which;
- In the second instance, engaging in mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute), failing which;
- In the third instance, proceeding with arbitration (referring the dispute to a hearing for an independent third party to make a binding decision about the dispute).
Negotiation process:
Each Party must make sure that their chosen representatives meet within 7 (seven) Business Days of receiving notice, to negotiate and try to resolve the dispute by written agreement within 7 (seven) Business Days.
Mediation process:
If negotiation fails, the Parties must refer the dispute to mediation in terms of the Mediation Rules published by the Arbitration Foundation of Southern Africa (“AFSA”).
Arbitration process:
If mediation fails, the Parties must, within 15 (fifteen) Business Days thereafter, refer the dispute to arbitration (including any appeal against the arbitrator’s decision) in terms of the Domestic Arbitration Rules published by AFSA.
Time periods:
The Parties may agree in writing to change the time periods for negotiation or mediation.
3. Dispute arising from the use of any third party services
As indicated within Gumtree’s T’s and C’s, the Gumtree Platform and associated Services may include references to, or facilitate access to, and use of, the products offered or services rendered by third parties, some of which third parties are Service Providers to Gumtree. As such the use of the Services may facilitate access to and use of, the products, services, websites, applications, platforms (collectively referred to as “Third-Party Services”) of third parties and Service Providers. These third parties and Service Providers have separate and independent terms and conditions and privacy policies applicable to their Third-Party Services.
Gumtree shall, through its User Dispute Resolution Process, take all reasonable steps to support you in resolving any disputes with third parties and/or Service Providers. Gumtree shall bear no responsibility or liability for your use of any Third-Party Services, and any potential claims or disputes arising from the use of Third-Party Services shall be subject to the provisions of Gumtree’s T’s and C’s, as well as this Dispute Resolution Policy.
As a User of the Services, you expressly acknowledge and accept the fact that although Gumtree facilitates access to the use of Third-Party Services and will take all reasonable steps to support your use of such Third-Party Services, Gumtree is in no way responsible or liable for the performance and delivery of such Third-Party Services. Your interactions with, and use of, any Third-Party Services will at all times throughout your use of the Gumtree Platform and Services, be subject to the terms and conditions of relevant third parties and Service Providers, including, but not limited to:
The TradeSafe Payment Solution enables Users to access various secure online payment options for Goods and Services. The use of the TradeSafe Payment Solution shall at all times be subject to TradeSafe’s T’s and C’s, including the provisions thereof which deal with the following important aspects:
- Use of the TradeSafe Payment Solution and Escrow Account;
- Refunds and returns; and
- Dispute resolution.
Gumtree’s Pay & Ship offering enables Users to make use of the services of one of Gumtree’s Service Providers, Pargo, who allow for the delivery of items which have been sold by Sellers and require delivery to Buyers. This use of this service shall at all times be subject to Pargo’s T’s and C’s, including the provisions thereof which deal with the following important aspects:
- Use of Pargo’s shipping services.
- Refunds and returns; and
- Dispute resolution.
4. Disputes arising between Users
By making use of the Services and accepting the T’s and C’s, Users expressly acknowledge that the Services are provided on the basis that Gumtree does not assume the role of the supplier of any of the Goods and/or Services promoted by Sellers to Buyers. Gumtree merely enables Buyers and Sellers to engage, conclude transactions, facilitate payment and resolves disputes between them. At no point in time does Gumtree assume the role of either Buyer or Seller in respect of the transactions concluded between Users.
When Buyers and Sellers agree on the terms of the transaction between them, they also agree that any disputes which arise between them will be resolved directly between them. Gumtree at no point becomes a party to that transaction.
The Gumtree Platform and Services do support a User Dispute Resolution Process, whereby Buyers may initiate a dispute should the Goods and Services they receive be materially different to what was posted by the Seller and agreed to by the Buyer. As stated above, any dispute between Users in relation to a transaction between them, is strictly between those Users. Gumtree may offer support and assistance within its sole discretion should a dispute arise, but Users expressly acknowledge that Gumtree is under no obligation to do so.
As such, the Users, who are the Parties to a transaction, agree to use their best efforts to negotiate in good faith during the dispute to reach a resolution which is acceptable for all parties.
If a User notifies Gumtree of a dispute relating to a transaction through the User Dispute Resolution Process provided for on the Gumtree Platform, Gumtree will act in collaboration with relevant Service Providers to freeze the transaction and only act on a defined Release Event to release any funds which are held in the Escrow Account, including if:
In the event that a dispute has been declared, the User Dispute Resolution Process allows for Users to resolve the dispute between them within a period of 10 (ten) Business Days, failing which, Gumtree will act in collaboration with relevant Service Providers to refer the Parties to the Small Claims Court (SCC) with competent jurisdiction, if a dispute is declared by an individual and the value of the dispute is R20 000.00 (Twenty Thousand Rand) or less.
5. Cancellation of transactions
The Parties may agree to cancel transactions if all the Parties agree to such cancellation in writing. Should the Parties wish to cancel any transaction, the request for such cancellation must be communicated to Gumtree via the southafrica@gumtree.co.za .
6. Severability
The dispute resolution provisions set forth in this Dispute Resolution Policy are separate and divisible from the rest of the agreement established by virtue of a User’s acceptance of Gumtree’s T’s and C’s, and remains effective even if the agreement ends or is invalid.
7. Notices and legal address
Gumtree elects 11th Floor, Roggebaai Place, 4 Jetty Street, Foreshore, Cape Town, 8001 as its address for the service of all formal notices and legal processes in connection with these T’s and C’s. Gumtree reserves the right to change this address from time-to-time by updating it.
As a User, you select the delivery address specified in either your order or on your Gumtree Account as your legal address for the service of all formal notices and legal processes in connection with the T’s and C’s and this Dispute Resolution Policy. You may change your legal address to any other physical address by giving Gumtree not less than 5(five) days prior written notice.
All notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –