1. Introduction
These are the Terms and Conditions (“T’s and C’s”) of use relating to the Gumtree Platform and associated Services provided by Gumtree South Africa (Pty) Ltd (“Gumtree”, “we”, “us”, “our”). These T’s and C’s govern any User’s use of the Gumtree Platform, as well as the Services associated therewith (“the Services”).
By accessing and using, and in particular indicating your acceptance of these T’s and C’s, you bind yourself to the T’s and C’s set out in this document, as well as any associated policies which are either incorporated herein expressly, or by reference. It may be that Gumtree introduces new features which are only available, or elected for use, by certain Users. As such, Gumtree may make changes to these T’s and C’s, which changes will, upon publication, amend these T’s and C’s and immediately become applicable to your continued use of the Gumtree Platform and our Services. Gumtree will, where required, provide notice of such changes to these T’s and C’s, and in such circumstances, your continued use of the Gumtree Platform and our Services will confirm your acceptance of the changes. Should you not agree to any amended T’s and C’s you must please discontinue your use of the Gumtree Platform and Services.
2. Definitions of key terms
In these T’s and C’s, unless inconsistent with or otherwise indicated by the context: -
“Ads” means the advertisements posted by Users for relevant Goods and Services on the Gumtree Platform.
“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.
“Buyer(s)” means a User who makes use of the Services to acquire and purchase certain Goods and Services made available by Sellers.
“Collection Point” means a User’s designated location which has been chosen for the collection of any Goods agreed to in a transaction with another User.
“Debit Order Mandate” A debit order mandate refers to the permission given by a User to Gumtree to automatically deduct money from its chosen bank account. In this case, a debit order mandate would allow Gumtree to deduct monthly payments from the User’s chosen bank account for payment of the Services.
“Debit Order Authorisation” means the authorisation which a User agrees to providing Gumtree with on the Gumtree Platform, the acceptance of which, along with the associated provisions, establishes a valid and enforceable Debit Order Mandate in favour of Gumtree.
“Deemed Delivery Date” means the date upon which Goods have either been received by a User (including circumstances where receipt is acknowledged on behalf of a User) at their chosen Delivery Address or collected by a User at their chosen Collection Point.
“Delivery Address” means a User’s designated address at which they have chosen to receive any Goods which have been shipped to them.
“Dispute Date” means the date the Buyer indicated on the Gumtree Platform that he/she does not accept the Goods and/or Services as delivered by the Seller.
“Dispute Window” means the 24 (twenty-four) hour period which starts immediately upon the Deemed Delivery Date.
“Day” shall mean any day other than a Saturday, Sunday or Public Holiday in the Republic of South Africa.
“Data Protection Legislation” means any data protection or data privacy laws applicable within South Africa, including the Protection of Personal Information Act 04 of 2013 (‘’POPIA”).
“Effective Date” shall mean the date upon which any User accepts these T’s and C’s and uses the Services.
“EFT” means an electronic funds transfer, or direct deposit, or digital money movement from one bank account to another.
“Escrow Account” shall mean the audited and secure escrow account where funds, which are to be transferred from Buyers to Sellers pursuant to the use of Gumtree’s Pay & Ship offering, are held. This account facility is held by TradeSafe and only Users who make use of Gumtree’s Pay & Ship offering qualify to make use of it.
“Governing Law” shall mean the laws of the Republic of South Africa.
“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 Account” shall mean the standard account which every User is required to create in order to make use of the Services, which Gumtree Account will be subject to verification in certain circumstances where the use of the Services require Users to have a Verified Account.
“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.
“Gumtree Wallet” shall refer to the digital account ledger functionality which is made available to Users to manage funds which have either been deposited by them, or in their favour. Such funds are held temporarily under the name of the User and can either be used for future transactions or withdrawn.
“Negotiation Period” means 10 (ten) business days commencing from the Dispute Date.
“Pay & Ship offering” means the features of the Gumtree Platform and Services which offer Users access to secure online payment options provided through TradeSafe and nationwide delivery and pick-up options through Pargo.
“Pargo” shall mean PARGOPOINTS (Pty) Ltd, Gumtree’s Service Provider responsible for affording Users access to nationwide shipping services for Goods which qualify for the use of Gumtree’s Pay & Ship offering.
“Party” / “Parties” shall mean Gumtree and the Users, and “Party” shall, as the context requires, be a reference to any one of them.
“Person” shall mean, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality.
“Personal Data’’ means any information relating to an identified or identifiable natural person, including but not limited to a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Privacy Policy” means Gumtree’s Privacy Policy which is supplementary and complimentary to these T’s and C’s, and which provisions are read into these T’s and C’s as if specifically incorporated herein.
“Platform Policies” shall mean any policies applicable to the use of the Gumtree Platform and Services, the terms of which are specifically incorporated herein.
“Release Event” means the following trigger events under which Gumtree will issue an instruction to TradeSafe for the release of funds held in the Escrow Account, which, depending on the circumstances, will be released to the relevant User:
Direct Buyer acceptance: Upon the Buyer’s acceptance of the Goods and completion of the relevant transaction prior to expiry of the Dispute Window. In these circumstances the Goods are in possession of the Buyer and the funds held in the Escrow Account will be released to the Seller, thereby completing the transaction.
Deemed Buyer acceptance: If, upon expiry of the Dispute Window, the Buyer has failed to indicate acceptance of the Goods or raise a dispute. In these circumstances, Users acknowledge and agree that Gumtree is entitled to assume that the Buyer accepts the Goods. As such, the funds will be released to the Seller, thereby discharging Gumtree’s obligations in relation to the transaction.
Return Goods: In the event that a Buyer fails to either take delivery of the Goods at the Buyers chosen Delivery Address, or fails to collect the Goods from the designated Collection Point, and such Goods are successfully returned to the Seller, the funds will be returned to the Buyer, thereby cancelling the transaction.
Dispute resolution: Upon receipt of confirmation by Gumtree of the fact that a dispute between the Parties has been resolved and the funds may be released to the relevant User. In these circumstances, the facts surrounding the dispute and the outcome of the dispute will determine to which Party the funds will be released, as well as whether any fees, charges or penalties are to be deducted prior to such release of funds.
“Services” shall mean the Services associated with the use of the Gumtree Platform and offered by Gumtree to Users, 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 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 approved Service Providers, and (h) to enable Buyers and Sellers to communicate with one another for purposes of refunds, returns and dispute resolution.
“Seller(s)” means a User who makes use of the Services and Gumtree Platform to market and promote Goods and Services to be acquired and purchased by other Users.
“Services Agreement” means, where applicable, the standard Services contract concluded between Gumtree and the User, which Services agreement is supplemented by these T’s and C’s in as far as they relate to the usage of the Gumtree Platform and the associated Services, the terms and conditions of which are specifically read into and apply to these T’s and C’s as if specifically recorded herein.
“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 and associated Services.
“SpotMoney” shall mean Spot Money SA (Pty) Ltd, Gumtree’s Service Provider responsible for providing various user and account verification Services.
“TradeSafe” shall mean Trade-Safe Holdings (Pty) Ltd, Gumtree’s Service Provider responsible for providing Users with access to secure online payment options to conclude their transactions with one another, as well as the holder of the Escrow Account.
“Third-Party Services” means the products and services made available to Users by Service Providers throughout their use of the Gumtree Platform and Services.
“Trigger Event(s)” means an event which will act as a signal for Gumtree and/or a Service Provider to perform their duties relating to the transaction and the Services. Trigger Events will include as a minimum:
“Verified Account” means a Gumtree Account which has undergone Gumtree’s relevant verification processes from time-to-time and meets the requirements set forth in Gumtree’s Verification Criteria.
“User(s)” shall mean any Person making use of the Gumtree Platform and the Services in terms of these Terms and Conditions, including Users classified as Buyers and/or Sellers.
3. About the Services
The Services enable Users to engage in the following activities and by accepting these T’s and C’s, you acknowledge and agree that there are risks associated with using the services of an online marketplace and engaging with other Users:
These T’s and C’s introduce you to the terms and conditions which become applicable to your relationship with us, our Service Providers, as well as other Users in relation to the following elements of the Gumtree Platform and Services:
Access to the Services: Your access to information published on the Gumtree Platform and the Services, including circumstances where your access to the Gumtree Platform and Services may be restricted by Gumtree;
These T’s and C’s incorporate various other policies, terms and conditions, as well as Gumtree’s User Code of Conduct, that will apply to your use of the Services, which include:
4. Consumer protection
Should it be applicable, and as required in terms of section 49 of the Consumer Protection Act, 68 of 2008 (“CPA”), your attention is drawn to the provisions of the clauses below which:
Should you not understand any provisions of these T’s and C’s, please note that you are required to contact Gumtree for clarity and further explanation prior to your acceptance of these T’s and C’s. Furthermore, please note that no provisions of these T’s and C’s are intended to, or must be interpreted to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Gumtree in terms of the CPA.
As stated above, we reserve the right to amend these T’s and C’s at any time, and such changes will become effective upon such changes being posted to the Gumtree Platform through which these T’s and C’s are published. Your continued use of the Gumtree Platform and Services will represent your agreement to be bound by these T’s and C’s and associated amendments thereto. We therefore recommend that when you make use of the Gumtree Platform and Services, you regularly read these T’s and C’s.
5. Access and Use
By accessing and using the Gumtree Platform and Services, and in particular indicating your acceptance of these T’s and C’s, you agree to be bound by them. The content of the Gumtree Platform 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.
You are permitted to download a copy of certain information on the Gumtree Platform 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 applicable intellectual property legislation, you are not permitted to copy, reproduce, republish, distribute or display any of the information on the Gumtree Platform, without our prior written permission. The license to access and use the information on the Gumtree Platform 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 any of our sites 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 our sites without our prior written permission, and we reserve the right to take appropriate legal steps in order to protect and enforce our rights.
When you install, download and use any of our mobile applications, you may be required to accept additional T’s and C’s which are applicable to such applications, as well as the end-user license agreement (“EULA”) of certain Service Providers. While the EULA of a Service Provider is independent from these T’s and C’s and establishes a separate legal relationship which you will be bound by, you agree that any applicable T’s and C’s set forth herein and relating specifically to our mobile applications, as well as independent T’s and C’s of use for our mobile applications and the EULA, will apply to your use thereof.
You may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the content published on the Gumtree Platform. You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Gumtree Platform without our prior consent.
Gumtree reserves the right to make any changes or modification, as well as discontinue any aspect of the Gumtree Platform, its content or the Services offered by or through the Gumtree Platform 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 Platform and Services in accordance with these T’s and C’s, including any applicable Platform Policies and associated terms and conditions incorporated herein by reference.
You may not post content on the Gumtree Platform 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. We reserve the right to occasionally restrict your access and/or use of the Gumtree Platform and/or Services to carry out repairs or maintenance or to introduce new functionality and/or Services. We do, however, endeavor to keep any disruption in the use of the Services 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 T’s and C’s, we shall be entitled, without prejudice to any other rights you may have and without prior notice to you:
6. Contractual capacity
You must be at least 18 (eighteen) years of age and have the necessary contractual and mental capacity to enter into and be bound by these T’s and C’s and make use of the Services. If you are under the age of 18, you are permitted to use the Services only under the supervision and representation of a competent person (a parent or legal guardian), who agrees to be bound by these T’s and C’s. In the event that you are a parent or legal guardian, you agree to be fully responsible for the acts or omissions of any Users below the age of 18 in relation to the use of the Services.
Where you act on behalf of another person or a legal entity, you warrant that you have the necessary authority and capacity to enter into and bind them to these T’s and C’s. As such, if you use our Services on behalf of another person or legal entity:
In addition to the above, in order to use the Services, you must not have been previously suspended or removed from using the Services or be violating any other agreement to which you are a party by agreeing to these T’s and C’s.
7. User Accounts and Security
Your use of the Services will require the creation of a Gumtree Account which enables access and use of the standard elements of the Services. You will be notified when your use of the Services requires you to have a Verified Account, as well as what the verification of your Gumtree Account requires of you.
Regardless of whether you have a standard Gumtree Account or a Verified Account, you are obliged to adhere to the provisions of these T’s and C’s and keep your 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 Gumtree Account and accept responsibility for the transfer of any information which may afford either your nominated users, or unauthorised users access to the Services.
Certain features of the Services will only be accessible to Users who have a Verified Account and any additional terms and conditions which may apply to Users with Verified Accounts will be clearly communicated throughout usage of the relevant Services. Where any further acceptance of applicable terms and conditions is required, Gumtree will notify you and confirm your acceptance of such terms and conditions before allowing you to make use of the relevant Services.
You expressly acknowledge and agree that the following actions shall be material breaches of these 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.
When you register for a Gumtree Account, you undertake to provide accurate information and regularly update such information should it have changed.
Gumtree shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of any Personal Data relating to the Gumtree Accounts of Users in its possession, in order to guard against:
All Users are responsible for maintaining the security and confidentiality of their login credentials and must notify Gumtree immediately should they suspect, or become aware, that any other person has accessed their Gumtree Account on an unauthorised basis. Gumtree shall not, however, be held responsible, and the User agrees to indemnify and hold harmless Gumtree for any information security breaches occurring on the electronic devices (personal computer or other electronic device used to browse the Gumtree Platform or access the Services) of any Users, which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the Users may not have installed on their device.
8. Platform Services
Relationship between Gumtree and Users
Depending on the circumstances, Gumtree (and in certain instances relevant Service Providers, such as Pargo, SpotMoney and TradeSafe) may act as the agent of the Buyer and/or the Seller. Circumstances in which this would be the case include, but are not limited to:
In circumstances when the Buyer has accepted the Goods and/or Services offered by the Seller, the Buyer may instruct Gumtree to release the funds to the Seller. In these circumstances, Gumtree and/or the relevant Service Provider will be acting as the agent for the Buyer in taking instruction and effecting payment to the Seller.
In certain circumstances the Buyer and Seller may agree to change the terms and conditions of their underlying transaction by agreeing that a portion of the funds are to be returned to the Buyer. In these circumstances, the Seller instructs Gumtree to approve the change to the terms of the underlying transaction and pay a refund to the Buyer. Gumtree and/or the relevant Service Provider will in these circumstances be acting as the agent for the Seller.
Posting and User Transacting
The Gumtree Platform offers Services which enable Users to promote certain Goods and Services in accordance with Gumtree’s Rules for Posting, as well as engage and transact with one another and certain Service Providers under certain circumstances. The use of the Services which enable Buyers to view postings of Sellers and for Buyers and Sellers to interact and transact with one another, is entirely at their own risk.
Only Users that are registered on the Gumtree Platform, are up to date with their monthly subscription fees, and have a registered Gumtree Account may use the Services in accordance with these T’s and C’s. By making use of the Services and accepting these 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 Services promoted by Sellers to Buyers. Gumtree merely enables Buyers and Sellers to engage, conclude transactions, facilitate payment and manage disputes under certain circumstances. 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 underlying agreement between them, including pricing, payment and delivery for any Goods or Services, there are various options available for completing transactions and facilitating payment and delivery. If a Buyer and Seller agree to further transact outside of the use of any available Services provided by Gumtree to facilitate User transactions (such as for instance by making cash payments or other agreed upon payment and delivery methods) such Users expressly agree that the terms and conditions of any such transaction, including the terms and conditions relating to payment, delivery, returns, refunds, product liability and dispute resolution, are directly agreed to between such Buyer and Seller. Gumtree at no point becomes a party to that transaction or facilitates it in any manner whatsoever. As such, Gumtree cannot assist in respect of certain matters, including, but not limited to returns, refunds, product liability matters or dispute resolution. Furthermore, Users acknowledge that in relation to transactions of this nature, Gumtree cannot be held liable for any claims that may arise as a result.
The Gumtree Platform and provision of the Services, include the offering of certain Services which enable Users to promote certain Goods and Services subject to additional requirements and terms and conditions which promote not only efficiency, but safety, security, transparency, accountability, consumer protection and compliance as well. These features of the Services include user verification, secure online payment, shipping, refunds, returns, and insurance solutions. The use of such Services is subject to not only these T’s and C’s, but the relevant Platform Policies.
User Transactions
When entering into transactions, the underlying terms of the transaction must be provided by the Users and documented when they post Goods and Services for sale. The underlying terms will deal with, amongst other material aspects, the following:
Users must indicate whether they agree to a particular transaction and accept the transaction’s terms and conditions by agreeing to the terms and conditions on the Gumtree Platform. Users are required to accept the transaction for it to constitute a binding agreement between them. The status of the transaction will be displayed on the Gumtree Platform as “Accepted”.
Buyer Acceptance
During the agreed period for the Buyer to inspect the Goods and/or Services, the Buyer shall either:
The Buyer shall accept the transaction and failure to log a dispute within the Dispute Window shall serve as sufficient notice of the fact that the Buyer has accepted the Goods and/or Services, and that the payment process has been initiated.
The Buyer may elect to renegotiate certain terms in the event that there must be a change to their performance of the underlying contract. Should the Seller not agree to renegotiated terms, the transaction will revert to the state it was in prior to the Buyer making such a selection.
The Buyer may select to log a dispute in relation to the transaction and notify the relevant Parties of the fact that they do not accept the Goods and/or Services and have initiated a dispute.
If, upon expiry of the Dispute Window, the Buyer has failed to notify Gumtree that they have either accepted the Goods, or that they intend to raise a dispute in respect of the transaction, Gumtree is entitled to assume that the Buyer accepts the Goods, thereby triggering release of the funds to the Seller.
User Verification
Gumtree allows, and in certain instances requires, Users to provide verification of their Gumtree Accounts, which includes verification of their identity and standing in relation to various banking institutions. Gumtree seeks to provide a trusted marketplace where Users can connect with confidence, engage transparently and transact as securely as possible. User account verification is a key requirement for achieving this objective and Gumtree has partnered with SpotMoney and TradeSafe, Service Providers who facilitate the verification of Users whose Gumtree Accounts and User activities necessitate verification in order to enable the use of, or in some instances further use of, the Services and certain Third-Party Services.
Depending on your unique usage of the Services, to complete your User verification, you will be directed to the services provided by SpotMoney and TradeSafe, whereafter you will be required to verify the accuracy of your data as well as provide further data and documentation which may be required by Gumtree or our Service Providers. If you are required to create and verify your Gumtree Account, you represent and warrant that:
You furthermore agree and consent to our processing of your data, including the sharing thereof with relevant Service Providers for purposes of verifying the accuracy of your data and enhancing the Services. Please note that by electing to make use of the Services which require you to have a Verified Account, you must read and accept the terms and conditions of SpotMoney and TradeSafe in as far as they relate to the Services.
Should your Gumtree Account be registered and enjoy the status of a Verified Account, this simply serves as an indication that you have provided Gumtree and our Service Providers with the required information and documentation. Having a Gumtree Account, including a Verified Account, does not in any way serve as a guarantee that a User is who they claim to be, or that Gumtree or our Service Providers have taken steps to conduct criminal or other assessments of the relevant User’s status, integrity, character, track record or trading history. Gumtree shall in no way be responsible or liable for any claims which may arise should it be found that a User has misrepresented themselves pursuant to the use of the Services, thereby causing any form of damage whatsoever to another User or person as a result of the use of the Services.
Shipping
Through the Pay & Ship offering, Gumtree enables Sellers to post certain Goods as available for shipping to Buyers, subject to certain terms and conditions. To enable this feature of the Gumtree Platform and for Users to make use of this feature of the Services, Gumtree have partnered with certain trusted Service Providers, including providers of shipping, courier and logistics services, as well as providers of payment facilitation services.
Sellers who post Goods as being available for shipping are required to ship their Goods in accordance with Gumtree’s Shipping Policy, which includes provisions which deal with shipping and payment.
With the exception of circumstances where Sellers fail to comply with the provisions of Gumtree’s Shipping Policy, Buyers who have elected to have Goods shipped to them, are liable for the costs associated with shipping any such items. As soon as a Seller accepts a Buyers offer to purchase Goods and have them shipped, Gumtree will charge the Buyers in accordance with their method of payment, pending delivery of the Goods in question.
Please note that Gumtree makes use of Service Providers, such as Pargo, and Gumtree merely enables Users to gain access to approved shipping services via the Gumtree Platform. Gumtree is not a party to any transactions between Users or the agreements concluded between Users and Service Providers. Other than as is expressly provided for in Gumtree’s Shipping Policy, Gumtree is not in any way responsible for the shipping of any Goods from Sellers to Buyers pursuant to transactions concluded between them.
The use of any shipping features on the Gumtree Platform, are subject to these T’s and C’s, Gumtree’s Shipping Policy and Pargo’s T’s and C’s, Gumtree’s chosen shipping partner, which terms and conditions govern the use of their shipping services.
Payments
Through the Pay & Ship offering, Gumtree enables Users to make payment for Goods and Services via credit card and other reputable electronic payment methods through the use of TradeSafe’s Third-Party Services (“TradeSafe Payment Solution”). Access to the TradeSafe Payment Solution is provided through the Gumtree Platform by TradeSafe, a third-party payment provider providing various payment solutions to Users aimed at supporting and promoting secure transactions between Buyers and Sellers. The use of the TradeSafe Payment Solution shall be subject to TradeSafe’s T’s and C’s, and the relevant provisions thereof are incorporated into these T’s and C’s either directly, or by reference as if specifically incorporated herein.
The TradeSafe Payment Solution
Use of the TradeSafe Payment Solution will enable Users to make use of an integrated escrow account capability which also allows for Credit Card, SnapScan, Instant EFT, Buy Now Pay Later and manual EFT payment methods. The TradeSafe Payment Solution allows Users to make use of a dedicated Escrow Account. The Escrow Account facility allows for TradeSafe to hold funds relating to transactions in the Escrow Account until the occurrence of a defined Release Event, triggering the release of funds to relevant Parties. Such funds are then, upon release, deposited into a User’s chosen banking account or their Gumtree Wallet for further transacting or withdrawal. By electing to make use of the TradeSafe Payment Solution you are agreeing to be bound by these T’s and C’s, TradeSafe’s T’s and C’s, as well as the terms and conditions associated with your chosen method of payment.
By making use of the Pay & Ship offering, as well as the TradeSafe Payment Solution, you expressly acknowledge and agree that you understand the conditions and process associated with such use, and that despite Gumtree perhaps playing a role in supporting Users to transact with one another using the Pay & Ship offering, Gumtree does not act, directly or indirectly as a payment intermediary, payment processor, payment facilitator or money remitter in relation to any payments made using the TradeSafe Payment Solution. Should you elect to make use of the Pay & Ship offering, as well as the TradeSafe Payment Solution, you agree to pay any relevant service fees and charges associated therewith from time-to-time, the details of which will be communicated on the Gumtree Platform.
In circumstances where Users make use of the TradeSafe Payment Solution, please note that either Gumtree, TradeSafe or one of our other Service Providers such as SpotMoney, may require additional information from you in order to verify and/or validate you as a User, as well as authorise and/or verify the validity of payment and confirm that any payment is not the subject of a dispute which has been reported in accordance with Gumtree’s Dispute Resolution Policy.
Once a Release Event has occurred, Gumtree will notify TradeSafe and TradeSafe will proceed to release the funds to the Seller’s Gumtree Wallet after deducting the relevant fees as established and/or agreed in terms of the transaction.
TradeSafe will release the funds to the Seller’s Gumtree Wallet upon the occurrence of a Release Event.
The Gumtree Wallet
The Gumtree Wallet facility enables Users to allocate and withdraw funds for purposes of transacting with other Users. The Gumtree Wallet facility operates independently of the TradeSafe Payment Solution and the Escrow Account capability which allows for the funds of Users to be held until the occurrence of a defined Release Event. In Gumtree’s pursuit of being a trusted marketplace which enables the transacting between Users in as compliant and safe a manner as possible, the following conditions and processes apply to the use of the Gumtree Wallet and will be clearly communicated to Users throughout their use of the relevant elements of the Services:
Gumtree Wallet activation
Users have the option of activating their Gumtree Wallet immediately upon registration of their Gumtree Account, or at the time of transacting with other Users, such as when they make use of the TradeSafe Payment Solution or deposit funds directly into another User’s Gumtree Wallet. Despite activating their Gumtree Wallet, Users will not be able to deposit or withdraw funds using their Gumtree Wallet until such a time as they have verified their Gumtree Account.
Allocating funds in your Gumtree Wallet
Subject to verifying their Gumtree Account, Sellers may allocate funds in their Gumtree Wallet for further transacting. Sellers may also receive funds in their Gumtree Wallets which are deposited by Buyers either directly or by TradeSafe pursuant to their use of the TradeSafe Payment Solution and the occurrence of a defined Release Event for the release of funds held in the Escrow Account. However, before being in a position to withdraw any funds, Sellers must first verify their Gumtree Accounts by following the relevant process to verify their details. In circumstances where funds are deposited into a User’s Gumtree Wallet, those funds may either be allocated to future transactions or withdrawn. In circumstances where such funds are to be withdrawn, withdrawal will only be permitted if the relevant User seeking the withdrawal from their Gumtree Account has been verified and the transaction(s) to which the funds relate are not the subject of a dispute which has been reported in accordance with Gumtree’s Dispute Resolution Policy.
Withdrawing funds from your Gumtree Wallet
If a User has not verified their Gumtree Account prior to wanting to make a withdrawal, such User must first do so by following the relevant process to verify their details. In addition to Users being required to verify their Gumtree Account prior to withdrawing funds, Gumtree reserves the right to hold off on releasing funds which have been deposited by a Buyer for the account of the Seller until the occurrence of the relevant Release Event for the release of funds. In circumstances where funds are to be withdrawn, withdrawal will only be permitted if the relevant User seeking the withdrawal from their Gumtree Account has been verified and the transaction(s) to which the funds relate are not the subject of a dispute which has been reported in accordance with Gumtree’s Dispute Resolution Policy.
Applicable fees and charges
Gumtree may from time-to-time levy certain fees and charges related to the use of the Gumtree Wallet. The particulars of such fees and charges are clearly communicated to Users on the Gumtree Platform.
Dispute resolution
As stated above, Gumtree offers assistance to Users with regards to the resolution of disputes. However, because Gumtree is not a party to any of the transactions which are facilitated through the use of the Gumtree Platform and the Services, Gumtree’s assistance is subject to the provisions of the Dispute Resolution Policy and Gumtree can only assist Users whose claims and disputes have been reported and specific conditions apply.
Abandoned items
Items are considered to be abandoned if their delivery has failed and the return of such items to the Seller is no longer possible either. Under such circumstances, Users acknowledge and agree that Gumtree may facilitate the collection and storage of such items for a period of 30 (thirty) calendar days, whereafter, should such items remain unclaimed by any Users, they will be considered to be abandoned. Gumtree reserves the right to open the relevant packaging housing any items which are classified as abandoned, and allocate any unclaimed funds, or the proceeds of the sale of any abandoned items to covering the costs associated with the collection, storage, destruction or alienation of such abandoned items.
Unlawful transactions
Should it be found that any items are prohibited or unlawful, and that the funds deposited in a User’s Gumtree Wallet are either to facilitate the conclusion of a transaction which is unlawful, are the proceeds of an unlawful transaction or an attempt at money laundering, Gumtree is obliged to report any such transaction to the relevant regulatory and law enforcement authorities.
Applicable taxes
Users are solely responsible for any relevant taxes associated with transactions which are concluded through the use of the Services.
Paid and subscription services
Ordinarily using the Services are free, however, some features and Services may be subject to a fee, payable monthly in advance, or additional charges (“Paid Services”).
Should you elect to make use of any Paid Services, you will be able to review and accept the relevant charges, as well as any additional terms and conditions applicable to the form of payment applicable at the time of purchase or entering into your transaction. This will be clearly disclosed to you via the Gumtree Platform.
Our fees are quoted in South African Rand, and regardless of your chosen payment method, we reserve the right to adjust our fees from time to time, including when we implement periodic fee increases. When Gumtree implements any such fee adjustments, we will take reasonable steps to notify you of the changes to our fee structures. This notice will include the particulars of, and reasons for, the relevant fee adjustment, as well as the effective date of the change. Gumtree always seeks to maintain a fair and transparent fee structure that aligns with prevailing consumer and economic trends.
Our fees are non-refundable, and you are responsible for paying them when they are due monthly in advance. If you do not, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other permissible collection mechanisms.
By continuing to use our Services you accept the provisions of these T’s and C’s, as well as any fee adjustments and increases which may be applicable, regardless of your method of payment. In the event that your chosen method of payment is by debit order, you specifically acknowledge and agree that Gumtree will not be required to obtain a new Debit Order Mandate from you in the event of periodic fee adjustments and increases becoming applicable to your use of the Services.
In the event that you have any questions, concerns, or seek not to accept any adjusted fees applicable to the use of the Services, please contact us at southafrica@gumtree.co.za
Upfront payments
When applicable, Users will be billed upfront for their subscription and use of the Services. Monthly upfront payments can be made by EFT or debit order. Should you opt-in for subscription payment by way of debit order, recurring billing will come into effect and will automatically be deducted monthly in advance if your subscription is not cancelled as set out in these T’s and C’s.
Subscription fees will be automatically charged monthly in advance to your selected payment method. Please ensure that the necessary funds are available on your chosen payment method when payment of your subscription fee becomes due.
Should you successfully pay applicable fees monthly upfront and thereafter cancel your use of the Services, such cancellation will be effective at the end of the month already paid for by you, subject to the cancellation of the subscription to take effect 20 (twenty) Business Days from when the request to cancel was received. You will be billed until the last active day of the subscription and be refunded pro rata for the rest of the month in which the cancellation takes effect.
Debit Orders
Should the User elect for payment via debit order, the User will, through acceptance of the Debit Order Authorisation on the Gumtree Platform issue a Debit Order Mandate, thereby authorising Gumtree to issue and deliver payment instructions to the User’s chosen bank for collection, on a specified date, against the User’s chosen bank account as per the Debit Order Mandate. The individual payment instructions authorized by the User through acceptance of the Debit Order Authorisaton and issuance of the Debit Order Mandate, must be issued and delivered monthly in advance and in the event that any payment day falls on a Sunday, or a recognised South African public holiday, the payment will automatically be the preceding ordinary business day.
The User agrees that in the event that any debit order due is rejected by the User’s bank, all related bank rejection fees and the full amount of the monthly debit order, that remains unpaid, will be due and payable immediately on demand by Gumtree and the use of the Services will be suspended immediately.
The User undertakes to ensure that adequate funds are available in their chosen bank account detailed in the Debit Order Mandate, to cover the amounts due and payable.
The User undertakes to inform Gumtree of any changes to its chosen bank account details listed in the Debit Order Mandate. In addition to any such changes, the User undertakes to inform Gumtree of any changes regarding the User’s means of payment.
The User acknowledges and agrees that all payments made by debit order are final and non-refundable. Gumtree shall not be obligated to issue refunds or credits for any Services rendered or for any debit orders processed, regardless of the User's usage of the Services. The User hereby waives any right to dispute or seek a refund of any debit order transactions processed, except in cases of fraudulent transactions or as otherwise required by Applicable Law.
The User acknowledges that Gumtree, who is hereby authorised to effect the drawing(s) against the User’s bank account, may not cede or assign any of its rights to any third party without the User’s written consent and that the User may not delegate any of its obligations in terms of its agreement(s) with Gumtree, to any third party without the prior written consent of Gumtree.
The User warrants that any person who issues the Debit Order Mandate by accepting the Debit Order Authorisation on the Gumtree Platform, is duly authorised to do so on behalf of the User and bind the User to the associated terms and conditions of the agreement(s) established by virtue of the issuing of acceptance of the Debit Order Authorisation.
Collection of the monthly payments via debit order will continue unless the Debit Order Mandate is terminated by the User providing Gumtree with not less than 30 (thirty) days prior written notice. Termination of the Debit Order Mandate does not constitute termination of any Services Agreement in terms of which monthly payment for the Services is due and payable.
Subscriptions
Paid Services include elements of the Services which renew on a monthly or annual basis (“Subscription Services”). The renewal period is based on the subscription period you select, and the frequency of renewal will be clearly identified at the time of concluding any associated agreement (“Subscription Agreement”) with Gumtree in terms of which the Subscription Services are provided.
Cancellation
The cancellation of any Subscription Agreement must be undertaken in accordance with the underlying terms and conditions of that Subscription Agreement. For more information on how to manage the Subscription Services, please visit our Help Centre.
9. Refunds to Buyers
Gumtree wants you to be satisfied with your experience, as well as with your purchase. As such, Gumtree has positioned its Services in a manner that supports Users to resolve certain disputes between them and consequently enable refunds under specific circumstances.
Refunds when using the TradeSafe Payment Solution and Escrow Account
Failure of Seller to initiate delivery of Goods and/or Services
If a Seller does not give effect to the delivery of the Goods and/or Services within either 7 (seven) calendar days or any other number of days as agreed by the Parties from the time that the Parties have been notified that the funds have been received by TradeSafe and are held in the Escrow Account, then the Buyer is entitled to request a refund of the funds.
Gumtree will support a refund to the Buyer after notifying all relevant parties and deducting relevant fees. It is important for Users to note that any delivery fee paid by a Buyer is non-refundable if a delivery took place.
Disputes
Should the Buyer reject the Goods and/or Services and initiate a dispute, the Parties can agree to revised transaction terms which may have an impact on the settlement price. This may also result in either a partial or full refund to the Buyer, net of relevant fees.
Legal
Upon written instruction by either a registered arbitrator or a South African court of law, the Buyer may be entitled to either a partial or full refund, net of the relevant fees and exclusive of the delivery fees paid by the Buyer, which are non-refundable.
Refunds when using the Gumtree Wallet
Failure of Seller to initiate delivery of Goods and/or Services
If a Seller does not give effect to the delivery of the Goods and/or Services within either 7 (seven) calendar days or any other number of days as agreed by the Parties from the time that the Buyer has deposited the funds into the Seller’s Gumtree Wallet, then the Buyer is entitled to request a refund of the funds.
Transaction changes
Should the Buyer request an adjustment to the underlying terms of the transaction, which is accepted by the Parties, the overall settlement price may be impacted which may result in either a partial or full refund to the Buyer, net of relevant fees and exclusive of the delivery fees paid by the Buyer, which are non-refundable.
Disputes
Should the Buyer reject the Goods and/or Services and initiate a dispute, the Parties can agree to revised transaction terms which may have an impact on the settlement price. This may also result in either a partial or full refund to the Buyer, net of relevant fees and exclusive of the delivery fees paid by the Buyer, which are non-refundable.
Legal
Upon written instruction by either a registered arbitrator or a South African court of law, the Buyer may be entitled to either a partial or full refund, net of the relevant fees.
10. Returns
Returns when using the TradeSafe Payment Solution and Escrow Account
If a transaction is subject to a dispute in terms of Gumtree’s Dispute Resolution Policy, and it is agreed that the Goods are to be returned to the Seller, the Buyer shall be responsible for the return of the Goods to the Seller at the Seller’s chosen location. The Buyer agrees to initiate delivery of the Goods to the Seller within 5 Business Days from when being informed that the Goods are to be returned to the Seller.
The Seller will be entitled to an inspection period, for rejected Goods, of 24 (twenty-four) hours or as mutually agreed. This period will start when:
If the Seller rejects the Goods, the transaction will remain in a “dispute” status and the funds will be held in escrow until such a time as the dispute is resolved. The provisions of Gumtree’s Dispute Resolution Policy will apply, and the Parties will have 10 (ten) Business Days to resolve the dispute and indicate on the Gumtree Platform that the dispute was resolved. The Seller may only reject the Goods if the Goods have not been received in the same condition as they were sent. If the Seller fails to reject the Goods within 24 (twenty-four) hours, it will be deemed to have accepted the Goods and the funds will be released to the Buyer.
Returns when using the Gumtree Wallet
If a transaction is subject to a dispute in terms of Gumtree’s Dispute Resolution Policy, and it is agreed that the Goods are to be returned to the Seller, the Buyer shall be responsible for the return of the Goods to the Seller at the Seller’s chosen location. The Buyer agrees to initiate delivery of the Goods to the Seller within 7 (seven) calendar days from when being informed that the Goods are to be returned to the Seller.
The Seller will be entitled to an inspection period, for rejected Goods, of 24 (twenty-four) hours or as mutually agreed. This period will start when:
If the Seller rejects the Goods, the transaction will remain in a “dispute” status and the funds will be held in escrow until such a time as the dispute is resolved. The provisions of Gumtree’s Dispute Resolution Policy will apply, and the Parties will have 10 (ten) Business Days to resolve the dispute and indicate on the Gumtree Platform that the dispute was resolved. The Seller may only reject the Goods if the Goods have not been received in the same condition as they were sent. If the Seller fails to reject the Goods within 24 (twenty-four) hours, it will be deemed to have accepted the Goods and the funds will be released to the Buyer.
11. Third-Party Services and Fees
TradeSafe’s fees
When Users transact using the Pay & Ship offering, the fees for the use of TradeSafe’s Third-Party Services will be included in the fees associated with the Pay& Ship offering.
When the Buyer is selected to pay the fees, the relevant fees and charges will be added to the amount that the Buyer must deposit in respect of the underlying transaction.
When the Seller is selected to pay the fees, the relevant fees and charges will be deducted from the amount held in the Escrow Account by TradeSafe before releasing it to the Seller.
Interest
Interest on any monies held in the Escrow Account by TradeSafe will accrue to TradeSafe. In circumstances where the Buyer or the Seller experiences an unexpected extended period before the finalisation of a transaction, the Buyer or the Seller may request in writing an instruction to have TradeSafe place the funds into an interest bearing account for the benefit of the Buyer or the Seller. TradeSafe reserves the right to either approve or reject such a request.
Taxation
All transaction fees applicable to the use of the TradeSafe Payment Solution and Escrow Account facility are inclusive of value added tax. These fees will, however, exclude any other taxes levied in any jurisdiction, duty, tariffs, rates, levies and any other governmental charge or expense payable, which will be payable where applicable by the User in addition to any normal fees that may be applicable.
Costs to implement
Unless otherwise stated, the Parties will bear their own costs to implement or perform their obligations under any transaction.
Customs and other fees
Unless the Users agree otherwise, the Buyer is responsible for any duties, customs fees or other charges resulting from an international transaction, which will be included in the purchase price. It is the responsibility of the Seller to properly declare any Goods and their value for customs procedures.
Pargo’s fees
The fees applicable to the use of any shipping service are set forth in Gumtree’s Shipping Policy.
12. User Content
The Gumtree Platform and Services contain content from us, you, and other Users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via Gumtree is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from Gumtree without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Gumtree Platform. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Gumtree Platform or Services (other than your own content).
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyse, and create algorithms and derivative works from your content, or otherwise use such content. Further, to the fullest extent permitted under Applicable Law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees.
You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our Users, or others in contract with us that is done in connection with the Services and in compliance with these T’s and C’s.
13. Prohibited Conduct
You agree to use the Gumtree Platform and associated Services in accordance with these T’s and C’s and associated Platform Policies. As a condition of your use of the Services, you agree that you will not:
You are solely responsible for all information that you submit to Gumtree through the use of the Services, and any consequences that may result from your post. It is your responsibility to monitor your listings and keep them accurate and updated. We reserve the right for any or no reason, at our discretion to refuse or delete or take-down content that (or any part thereof) we believe is inappropriate or breaching the above terms. We may, at our discretion, remove Ads, put Ads on hold or make minor changes thereto, when they do not comply with the Rules for Posting. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently or refuse a user's registration.
14. Third Party Services
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. We 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 Dispute Resolution Policy.
We make no warranties or representations whatsoever regarding any Third-Party Services which may be accessed and used by virtue of your use of the Gumtree Platform and associated Services.
You furthermore acknowledge that Gumtree merely facilitates your access to Third-Party Services and does not offer any Third-Party Services 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 of any Third- Party Services, as well as any functionality of their sites or platforms, and the products offered or services rendered through or by means thereof, or of any linked site, even if we are expressly advised thereof.
15. Electronic communication and transacting
When you make use of the Gumtree Platform, you opt-in to the use of various electronic communication channels, including communication via the Gumtree Platform itself, email, SMS and WhatsApp. All information records that you send to us using any of these forms of electronic communications may be stored electronically by us, as well as the providers of the relevant channel, for example WhatsApp. We take reasonable steps to ensure that any Service Providers with whom your information is stored, are bound by acceptable confidentiality obligations, however, it is your responsibility to familiarise yourself with our Privacy Policy.
Any electronic communication sent to you will be considered as having been received by you when such communication is sent, 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.
Should you not wish to communicate with us via any specific channel, you may opt-out and change your communication preferences by contacting us at southafrica@gumtree.co.za.
Although we take all reasonable steps to protect your Personal Data 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 T’s and C’s 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.
The User acknowledges and agrees to the electronic transmission of electronic communications, as well as electronic signatures (as defined in terms of the Electronic Communications and Transactions Act, 25 of 2002), as acceptable means to communicate, as well as to constitute the written, legal and enforceable acceptance of these T’s and C’s, as well as any associated Platform Policies and Debit Order Mandate(s) which may be applicable.
16. Indemnification
Although Gumtree will do everything reasonably within its power to ensure the integrity of the Services and the operational stability of the Gumtree Platform, 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 Platform 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 Platform 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 T’s and C’s.
The use of the Gumtree Platform 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 Platform 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.
17. Liability
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 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 Platform.
As most of the content on the Gumtree Platform 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's 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 Platform; (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 Platform.
Although Gumtree are committed to providing Users with the best possible Services, Gumtree shall not be responsible for:
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, or (b) 100 South African Rand (ZAR).
18. Security
In order to ensure the security and reliable operation of the Gumtree Platform for all users, Gumtree reserves the right to, at its discretion, take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back office applications. Any user who commits any offences in terms of Cybercrimes Act, 19 of 2020, shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Gumtree and its affiliates, agents and/or partners.
19. Assumption of Risk
You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other Users via use of the Services or in person. We do not investigate or verify any User's reputation, conduct, morality, criminal background, or any information Users may submit through the use of the Services (other than in connection with the verification features mentioned herein). You are solely responsible for taking all necessary precautions when interacting with other Users, particularly when meeting in person for the first time. It is possible that other Users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, selling and buying through the use of the Services (including all online and offline interactions with other Users).
20. Intellectual Property
The technology and software underlying the Gumtree Platform and the Services, or distributed in connection therewith, are the property of Gumtree. Gumtree owns all rights, title, license and interest to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trademarks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Gumtree Platform and its use and implementation.
The Intellectual Property is protected by applicable copyright, trademark and intellectual property laws. No Users shall obtain any rights, title or interest in or to any Intellectual Property, whether by operation of these Terms and Conditions, or otherwise. Gumtree does not permit copyright infringing activities or infringement of Intellectual Property rights of Gumtree.
21. Feedback and Complaints Management
Gumtree invites Users to voluntarily post, submit or otherwise communicate comments, suggestions, ideas, complaints or other information relating to the Services, to Gumtree. In so doing, Users acknowledge and agree to the fact that Gumtree may use such feedback for any purpose, commercial or otherwise, without any further acknowledgement or compensation to the relevant User, including, without limitation, to use such feedback to develop, copy, publish, or improve the Services in Gumtree’s sole and absolute discretion.
Gumtree invites all Users to report any intellectual property rights infringements, including the marketing and/or sale of counterfeit goods to Gumtree through the use of Gumtree’s Notice of Infringement Form and email it to Gumtree at southafrica@gumtree.co.za . The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting the objects are either the entitled party or their officially authorised representative. The information reported must enable Gumtree to identify any advertisements which must be removed, as well as Users who must be reported to relevant law enforcement and/or regulatory authorities. For any further information relating to this reporting process, please visit Gumtree’s Help Centre, the rules and requirements of which are also incorporated into these T’s and C’s by reference.
22. Competitions and Promotions
From time-to-time, you will be able to participate in specific competitions and promotions (“Competitions”) which we offer. These Competitions are subject to certain T’s and C’s which regulate the following:
All Competitions run by Gumtree will be subject to Gumtree’s Standard Competition Rules, and by entering or participating in any Competition, you agree to be bound by Gumtree’s Standard Competition Rules, as well as the provisions of Gumtree’s Privacy Policy.
23. Data Protection and Privacy
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 read and acknowledge 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 information records.
When providing the Services, we seek to make your access to the Services easy, useful and reliable. This involves processing your data, sharing it with third parties and placing small amounts of information on your device. These are called “cookies”. These cookies cannot be used to identify you personally and are used to improve your access to, and use of, the Services. To learn more about our use of passive means of data processing, such as the use of cookies, please make sure that you read and acknowledge the terms of our Cookie Policy.
24. Dispute Resolution
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.
25. Governing Law
The Gumtree Platform and associated Services are controlled, operated and administered by Gumtree within South Africa. Access to the Services from territories or countries where the use of the Services is illegal, is prohibited.
You may not use the Services in violation of Applicable Laws. If you access the Services from locations outside of South Africa, you are responsible for compliance with all local laws. These T’s and C’s shall be governed by the laws of South Africa. If any of the provisions of these 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 T’s and C’s, and the remainder of these T’s and C’s shall continue in full force and effect. These T’s and C’s, as well as any other relevant terms and conditions constitute an agreement between Gumtree and yourself with regard to the use of the site and the Services.
26. Notices
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 them.
As a User, you select the delivery address specified in either your order or on your Gumtree Account as your legal address. 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 –
27. Additional Terms and Conditions
The following additional terms and conditions are incorporated into these T’s and C’s and apply to any use of the Services:
Gumtree for Business T’s and C’s.
Gumtree Mobile Device T’s and C’s.
28. Statutory Information
In compliance with certain Applicable Laws, Gumtree draws your attention to the following information relating to them:
Full names and legal status:
Gumtree South Africa (Pty) Ltd
Physical address and telephone number:
11th Floor, Roggebaai Place, 4 Jetty Street
Foreshore, Cape Town
8001
Website address and e-mail address:
Website: www.gumtree.co.za
Email: southafrica@gumtree.co.za
The registration number, the names of its office bearers and its place of registration:
Registration Number: 2014/002954/07
The physical address where Gumtree will receive legal service of documents:
11th Floor, Roggebaai Place, 4 Jetty Street
Foreshore, Cape Town
8001
Terms and Conditions Updated: 08/05/2024