These Mobile Application Terms and Conditions (“Mobile T’s and C’s”) comprise of our user agreement with you and regulate all of the associated interactions we have with you in relation to the Gumtree App and the Services.

The interactions regulated by these Mobile T’s and C’s are: 

 

Your access to and use of Gumtree’s Mobile Application (collectively “the Gumtree App”) provided by Gumtree South Africa (Pty) Ltd (“Gumtree”, “we”, “us” and “our”); 

 

Your access to, and use of, the Services associated with the Gumtree App, the accessing of the information published on the Gumtree App, applying for Services, as well as participating in campaigns, competitions and promotions which we run from time-to-time. All competitions run by Gumtree will be subject to Gumtree’s Standard Competition Rules; and 

 

Our processing and sharing of your information in order for you to apply for Services, as well as to enable us to deliver such Services to you.

 

 

Should it be applicable, your attention is drawn to the provisions of the clauses below which:

We reserve the right to amend these Mobile T’s and C’s at any time, and such changes will become effective upon such changes being posted to the Gumtree App. Your continued use of the Gumtree App and/or the Services will represent your agreement to be bound by these Mobile T’s and C’s. We therefore recommend that when you access the Gumtree App, you regularly read these Mobile T’s and C’s. 

 

 

 

In these Mobile T’s and C’s, unless inconsistent with or otherwise indicated by the context: - 

 

“Applicable Laws” means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.  

 

“Device” shall mean the device used by the User to use the Services provided by the Provider, such as a smartphone or tablet or similar device.  

 

“Device-native Format” shall mean the format of the Gumtree App which can only be accessed by the User by downloading it from the relevant Online Store and installing it on his / her Device.

 

“Electronic Communication” shall have the same meaning as ascribed to it in terms of POPIA. 

 

“EULA” means the end user license agreement of a certain Operator.  

 

“Goods and Services” shall mean the items and/or Services promoted by Users through the Gumtree Platform and in respect of which buyers and sellers transact from time-to-time.  

 

“Gumtree App” shall mean the multi-device software application of the Gumtree Platform whether in web-based format, Device-native Format, to which these Mobile T’s and C’s are linked and through which Users uses the Gumtree App and its associated Services. 

 

“Gumtree Platform” shall mean the sites through which the Services are provided and through which Users and any User’s nominated users can engage with one another, initiate transactions, as well as gain access to information about the Goods and Services promoted by other Users. 

 

“Online Store(s)” shall mean the application store (i.e., Apple App Store, Google Play Store, Huawei App Gallery and Amazon Appstore) available on the User’s Device and operated by the relevant Operator running the operating system on the User’s Device.  

 

“Operator” shall mean the owner of the operating system through which a User’s Device runs a particular Online Store, which shall either be Apple or Android or any other similar platform. 

 

“Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

 

 

"POPIA" means the Protection of Personal Information Act, No. 4 of 2013 and the regulations thereto, as amended or replaced from time to time.

 

“Services” shall mean the Services associated with the use of the Gumtree Platform and offered by Gumtree to Users through the Gumtree App, including paid services and the ability for Users to (a) seek verification, (b) to communicate with one another via various potential channels, (c) to promote certain Goods and Services to other Users, (d) to transact and conclude independent agreements with one another, (e) to procure the transport and delivery of Goods and Services through the use of Gumtree approved Service Providers, (f) to procure insurance for the transport and delivery of Goods and Services, (g) to procure payment for Goods and Services through the use of Gumtree approved Service Providers, and (h) to enable Buyers and Sellers to communicate with one another for purposes of refunds, returns and dispute resolution.

 

“Service Provider(s)” means a third party with whom Gumtree has contracted to make available certain Third-Party Services to Users throughout their use of the Gumtree Platform, Gumtree App and associated Services.  

 

“User(s)” shall mean any Person making use of the Gumtree App and the Services in terms of these Mobile T’s and C’s, including Users classified as buyers and/or sellers.

 

 

When you install, download and use the Gumtree App, you may be required to accept additional terms and conditions which are applicable to the Gumtree App, as well as the EULA of certain Operators. While the EULA of an Operator is independent from these Mobile T’s and C’s, and establishes a separate legal relationship which you are bound by, you agree that any applicable terms and conditions set forth herein and relating specifically to the Gumtree App, as well as independent terms and conditions of use for the Gumtree App prescribed by a specific Operator and the EULA will apply to your use of the Gumtree App. 

By accessing and using the Gumtree App and Services, and indicating your acceptance of these Mobile T’s and C’s, you agree that the relevant provisions of the applicable Operator’s terms and conditions are incorporated into these Mobile T’s and C’s either directly or by reference as if specifically incorporated herein, and you agree to be bound by them. 

The content of the Gumtree App is proprietary to us and / or otherwise used in terms of a written license agreement entered into between Gumtree and the proprietor of such content. As such, when you visit the Gumtree App, we give you a limited license to access and use our information for personal use.

 

You are permitted to download a copy of certain information on the Gumtree App to your personal Device, for your personal use only and provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under the Copyright Act No. 98 of 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on the Gumtree App, without our prior written permission. The license to access and use the information on the Gumtree App also does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror the Gumtree App without our prior written permission. We reserve the right to serve you with a notice if we become aware of your metatag or mirror on the Gumtree App without our prior written permission, we reserve the right to take appropriate legal steps in order to protect and enforce our rights. 

 

 

In order to use the Gumtree App, you must download the Gumtree App from the relevant Online Store applicable to your Device. Once you have downloaded the Gumtree App in its Device-native Format, or upon entering the Gumtree App in its web-based format, the Gumtree App can be used. 

 

By downloading, installing, or using the Gumtree App you acknowledge and agree that your use of the Gumtree App is subject to both these Mobile T’s and C’s and the terms and conditions imposed by the respective platform provider/ Operator (Apple Inc. for iOS devices and Google LLC for Android devices), including but not limited to Apple's App Store Terms of Service or Google Play's Terms of Service. It is your responsibility to review and comply with the terms and conditions set forth by the applicable Online Store, before downloading, installing, or using the Gumtree App.

 

You may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Gumtree App’s contents. You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Gumtree App without our prior consent. 

 

Gumtree reserves the right to make any changes or modification, as well as discontinue any aspect of the Gumtree App, its content or the Services offered by or through the Gumtree App at any time and without prior notice to you. No such change, suspension, modification or discontinuance shall entitle you to any compensation or give rise to any liability whatsoever. 

 

You agree that you will only use the Gumtree App in accordance with these Mobile T’s and C’s, including any terms and conditions incorporated herein by reference. The display of content via the Gumtree App may differ depending on the Device you are using to access and make use of the Gumtree App or the Services.

 

You may not post content on the Gumtree App that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language. The posting of any content will be subject to Gumtree’s Rules for Posting. We reserve the right to occasionally restrict your access and/or use of the Gumtree App and/or Services to carry out repairs, maintenance or to introduce new functionality and/or Services. We do, however, endeavor to keep any disruption in the use of the Gumtree App to a minimum.

 

With that said, you agree not to: 

 

 

 

 

 

 

 

Should you engage in any of the aforementioned activities, or breach any of the provisions of these Mobile T’s and C’s, we shall be entitled, without prejudice to any other rights you may have and without prior notice to you: 

 

 

 

 

 

The Gumtree App offers the Services, including, access to and use of specific features, as well as information pertaining to Gumtree, our Goods and Services, as well as the ability to participate in campaigns, competitions and/or promotions which we run from time to time. The use of any of the Services is at your own risk. 

 

If you use the Gumtree App, you are obliged to keep your unique access details (including your username and password) confidential and not allow other people to use it. You accept full responsibility for all activities that occur under your unique access details or password and accept responsibility for sharing your username and password. You are only permitted to use one account in respect of the Gumtree App and if you use more than one account, we reserve the right to revoke all access to the Gumtree App. 

 

Once you have logged onto the Gumtree App, certain information, functionalities and other features of the Gumtree App will be accessible to you the next time you visit without having to re-enter your password. If you prefer to enter your password every time you access the Gumtree App, such change can be made via the settings and functionality available on the Gumtree App.  You expressly acknowledge and agree that the following actions shall be material breaches of these Mobile T’s and C’s:  

 

 

 

 

 

You also agree that any use of your access details shall be regarded as if you were the person using such information. You may change your username and password at anytime, although we may determine certain requirements that you will need to meet when choosing a username or password. These requirements may be changed from time to time, and you may be required to update your credentials following such changes.

 

 

You warrant that you are at least 18 (eighteen) years of age and have the necessary contractual and mental capacity to enter into and be bound by these Mobile T’s and C’s. Where you act on behalf of a juristic person, such as a company or a close corporation, you agree to bind yourself as surety and co-principal debtor with such juristic person for the due performance of their obligations in terms of these Mobile T’s and C’s.  Where you act on behalf of a juristic person, you warrant that you have the necessary authority and capacity to enter and bind the juristic person to these Mobile T’s and C’s. 

 

 

When you visit the Gumtree App or contact us electronically, you accept that we may communicate with you using various Electronic Communication channels. All information records that you send to us may be stored electronically and with third parties. Gumtree takes reasonable steps to ensure that any third parties with whom your information is stored, are bound by acceptable confidentiality obligations. 

Any Electronic Communication sent to you will be regarded as having been received by you upon being sent by Gumtree, unless the contrary is proven. This may include but is not limited to mobile push notifications. As such, it is your responsibility to provide, at your own expense, any access to the internet, data or any required Devices for purposes of such Electronic Communication. 

 

If you make use of the Gumtree App, you may receive Electronic Communications. Should you not wish to communicate with us via any specific channel, you may change the way you receive your communication on the Gumtree App. 

 

Although Gumtree takes all reasonable steps to protect your Personal Information and maintain confidentiality, we cannot guarantee the security or integrity of any information you transmit to us online and specifically through the use of social media platforms, such as WhatsApp. Your use of any third-party platform is subject to the terms and conditions applicable thereto, and you agree that you do this at your own risk. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirements for such communications to be in writing. 

 

 

 

 

As you know, we may need you to disclose certain Personal Information and financial information with us. It is always in your best interest to keep this information accurate, current and complete and as such, you guarantee that all information provided to Gumtree on or via the Gumtree App will be true, accurate, current and correct, and you undertake to update the information regularly, as well as if and when required. You guarantee that you have fully disclosed all facts and agree that your failure to do so will result in a material breach of these Mobile T’s and C’s, as well as any other agreements which relate to them. 

 

 

You shall make available and consent to the processing of your Personal Information. You agree that Gumtree may process your Personal Information for all purposes related to the Gumtree App and the Services offered through the Gumtree App. 

 

Your Personal Information shall be retained in the strictest confidence and will only be processed in accordance with the Gumtree’s Privacy Policy to which these Mobile T’s and C’s relate.

You expressly agree and acknowledge that any failure by you to submit the requisite Personal Information may render us unable to deliver the Services and should this arise, you hereby indemnify and hold the Gumtree harmless against any loss or damage which you may suffer as a result of our inability to render or deliver the Services.

 

To ensure that our position in relation to our data protection, privacy compliance and information access practices are clearly communicated to you, we ask that you familiarise yourself with the terms of our Privacy Policy and the provisions of our PAIA Manual to see how we categorise our records and are able to afford access to such information.  

 

 

 

The Gumtree App includes references to and facilitates access to offered by Service Providers and provides links to their websites or web-applications of these Service Providers. These Service Providers and their websites or web-applications, whichever may be applicable, have separate and independent terms and conditions and privacy policies applicable to their products, services and/or respective websites or web-applications. 

 

We shall bear no responsibility or liability for the products offered or services rendered by such Service Providers, or the content and services provided through or by means of their respective websites and/or web-based applications, regardless of whether such website or web-application bears our corporate branding or not. 

 

We make no warranties or representations whatsoever regarding the products offered or services rendered by any Service Provider or the content or activities of such Service Provider’s websites or web-applications, which may be accessed or used through or by means of the Gumtree App and the Services.  You acknowledge that Gumtree merely facilitates your access to such Service Provider’s Goods and Services, website and/or web-application(s) and does not offer the Good and Services of such third party to you.  

 

You acknowledge that neither Gumtree, nor our directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of, or the website of a third party Service Provider, as well as any functionality of said website and the Goods and Services rendered through or by means of said website, or of any linked website, even if we are expressly advised thereof.

 

 

We have taken all reasonable steps to ensure the uptime of our Gumtree App. There will be downtime from time to time, however, due to maintenance and upgrade issues. We will not be liable if the Gumtree App becomes unavailable for any reason. Where possible, we will provide warnings for planned downtime.

 

 

The provisions of this clause shall only apply if you download and use the Gumtree App in its Device-native Format. You may only download and use the Gumtree App if your Device meets the requirements specified for the Gumtree App as per the information shown on the Gumtree App’s interface or as set out on the relevant Online Store’s terms of service and which device has the latest version of the relevant operating software installed on your Device. 

 

You must ensure that you use the latest version of the Gumtree App at all times, whether notified by the relevant Online Store or not and you undertake to regularly check whether you are using the latest version of the Gumtree App. If you do not install the latest version of the Gumtree App, it may not function correctly, experience security and/or data flaws, for which we will not be liable under any circumstances.

 

Upon acceptance of these Mobile T’s and C’s, by downloading the Gumtree App in its Device-native Format, we grant you a non-exclusive right to use the Gumtree App, which the User may not assign, sub-license, transfer and which license is granted to you only and which license will not confer any rights of use of the Gumtree App to any third-party. 

 

The license will commence as soon as the Gumtree App is downloaded by you in its Device-native Format to your Device and will terminate upon the deletion of the Gumtree App from your Device, or if terminated by you in accordance with these Mobile T’s and C’s. 

 

 

Please take special note that if you receive any unsolicited communication, including Electronic Communication (such as via email, SMS or WhatsApp), that appear to be from Gumtree and that requests you to provide Personal Information (such as any financial information, credit card number, username or password), or that asks you to verify and/or confirm your information by clicking on a link, it is most likely that such communication was sent by someone who has sinister intentions or is attempting to gain access to your Personal Information illegally. 

 

Gumtree does not ask for this type of information by means of Electronic Communications (such as email, SMS or WhatsApp) and as such, we ask you not to respond to these types of communications or click on any link. Doing so will place you and your Personal Information at risk and Gumtree will not be held responsible for any consequences resulting from your response to any such communication. 

 

 

All content made available on the Gumtree App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where Gumtree Applicable software) belongs to the Gumtree or is alternatively used pursuant to a licensing agreement concluded between the Gumtree and the third-party proprietor of such content. Any unauthorised use, alteration or dissemination of the information or content published on the Gumtree App is strictly prohibited.

 

You expressly acknowledge that no content or information displayed on the Gumtree App may be regarded or construed as granting any licence or right to any third-party, including to you, to use any trademark without our prior written consent and approval.

 

Although Gumtree has deployed reasonable technical and organisational measures to protect the information on the Gumtree App, you acknowledge that we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off the Gumtree App.

 

 

The copyright to all content on the Gumtree App, including, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

 

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on the Gumtree App are either owned by us or we have a licence to use them. Your access to the Gumtree App does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (“Comments”) which you provide to us through the Gumtree App becomes our property. If in future we use your Comments to promote the Gumtree App or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, by providing us with Comments, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

 

Although Gumtree will do everything reasonably within its power to ensure the integrity of the Services and the operational stability of the Gumtree App, the User accepts that Gumtree may not be in control of all the circumstances surrounding the provision of Services.  

 

Gumtree shall not be held liable for any direct or indirect damages or losses suffered as a result of any incorrect, inaccurate or late provision of the Services in the event that the Gumtree App may be temporarily unavailable or dysfunctional.  

 

Gumtree shall not be liable for any direct or indirect damages or losses suffered by the Users or any third party as a result of its failure to perform due to any act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, any act of default of any supplier, agent, sub-contractor or Service Provider, industrial disputes, political or labour unrest, technical problems affecting the Services.   

 

The User indemnifies Gumtree and its affiliates, agents and Service Providers, as well as their officers, directors, employees, assigns, representatives and shareholders against any and all claims, damages, losses, obligations, costs (including, without limitation, attorneys' fees on the highest permissible scale), penalties and/or any other expense that may result from or otherwise be related to any access to or use of the Gumtree App or the Services, as well as any legal action, administrative action or sanction imposed or instituted by any third party or authority as a result of the fact that the User contravened or in any other manner violated any Applicable Laws or the provisions of these T’s and C’s. This defence and indemnification obligation shall survive the termination, modification or expiration of the agreement arising from the acceptance of these Mobile T’s and C’s.   

 

The use of the Gumtree App is limited to Users capable of lawfully entering into a binding agreement, in respect of the Services, under the laws governing the use of the Gumtree Platform, Gumtree App and Services, for and on behalf of the User.  

 

This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between Users and Gumtree.  

 

 

 

Gumtree does not act as a supplier as contemplated in terms of Applicable Laws and is not the party marketing the Goods or Services. Gumtree is simply the provider of the Gumtree Platform, Gumtree App and the Services. Gumtree does not actively monitor data or content and we are not involved in the actual transactions between Users. Gumtree does not operate as a payment intermediary, payment processor, payment facilitator, money remitter, money service business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the Gumtree Platform.  

 

As most of the content on the Gumtree App comes from Users, Gumtree does not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what is offered, or with regard to the legal capacity of the Users that may conduct or complete any transaction. 

 

Accordingly, to the extent legally permitted, we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.  

 

In light of the above, Gumtree does not guarantee that (i) the Services; (ii) the information, content, tools or materials included on the Gumtree App; (iii) Gumtree’s servers; or (iv) that any Electronic Communications sent by Gumtree will be free from defects, viruses or other harmful components. Gumtree shall not be liable under any circumstances and in any jurisdiction for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable and irrespective of whether or not Gumtree has been advised of the possibility of such damages, based on claims arising out of or in any way connected with Gumtree, the Services or the Gumtree App. 

 

Although Gumtree is committed to providing Users with the best possible Services, Gumtree shall not be responsible for the following: 

 

 

 

You may visit the Gumtree App without providing any Personal Information. The site servers will, in such instances, collect the IP address of your Device, but not your name, phone number, email address, or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Gumtree App, pages viewed and other related information. We use this information to determine use of the Gumtree App and to improve content thereon. We assume no obligation to protect this information and may process such information without limitation.

 

 

All disputes arising between any User and Gumtree, between Users and Service Providers, or between Users themselves, shall be governed in accordance with Gumtree’s Dispute Resolution Policy.  

 

 

The Gumtree App is controlled, operated and administered by Gumtree within the Republic of South Africa. Access to the Gumtree App from territories or countries where the use of the Services provided through the Gumtree App is illegal, is prohibited.

 

You may not use the Gumtree App in violation of South African export laws and regulations. If you access the Gumtree App from locations outside of South Africa, you are responsible for compliance with all local laws. These Mobile T’s and C’s shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of any court with competent jurisdiction for purposes of resolving any dispute in connection with the use of the Gumtree App. If any of the provisions of these Mobile T’s and C’s are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Mobile T’s and C’s, and the remainder of these Mobile T’s and C’s shall continue in full force and effect. These Mobile T’s and C’s constitute the entire agreement between Gumtree and yourself with regard to the use of the Gumtree App and the Services. 

 

 

The following additional terms and conditions (are based on the Device the Gumtree App is installed on), are incorporated into these Mobile T’s and C’s and apply to any use of the Services: