Terms and Conditions of Service

 

Last Updated: January 02, 2018

 

Thank you for using MARKedPlace!

 

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and MARKedPlace (as defined below) governing your access to and use of the MARKedPlace website, including any subdomains thereof, and any other websites through which MARKedPlace makes the MARKedPlace Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "MARKedPlace Services"). The Site, Application and MARKedPlace Services together are hereinafter collectively referred to as the “MARKedPlace Platform”.

 

Contents

1.      Part One. 1

Scope of MARKedPlace Services. 1

2.      Part Two. 2

Definitions. 2

3.      Part Three. 4

Terms and Conditions of Service for Education Buyers – Those seeking to pursue education, skills training, and development. 4

4.      Part Four. 9

Terms and Conditions of Service for Funders – Those seeking to contribute Funds to specific individual(s) or to the MARKedPlace Education Funding Pool 9

5.      Part Five. 14

Terms and Conditions of Service for Education Sellers (Providers) – Those seeking to pursue education, skills training, and development. 14

 

 

 

1.       Part One

Scope of MARKedPlace Services

 

1.1.    MARKedPlace is an online marketplace and trading platform that enables registered users (“Members”) including individuals and organisations seeking education training and skills development services as well as potential funding options where applicable and certain third parties who offer these services to ‘express’, ‘publish’ and ‘promote’ such requirements and services.

 

1.2.    Members and third parties who offer and make use of services via MARKedPlace include: “Education Buyers”, “Education Sellers (Providers)” and “Funders”.  Services offered by Education Sellers (Providers) include access to “education, training and skills development” programmes as well as discounted education offerings through MARKedPlace. Funders can browse individual education buyers and elect to sponsor all or part of their fees or alternately contribute to the MARKedPlace Education Fund Funding Pool.  Education Buyers can express their study interest directly to specific institutions or alternately communicate a general training need and have one or more Education Seller (provider) contact them directly to discuss options and associated costs.

 

1.3.    While we may help facilitate the resolution of disputes, MARKedPlace has no control over and does not guarantee (i) the quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content, or (iii) the performance or conduct of any Member or third party. MARKedPlace does not endorse any Member, Listing or Service. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by MARKedPlace about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to undertake training, source funding or recruit customers or communicate and interact with other Members, whether online or in person.

 

1.4.    The MARKedPlace Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MARKedPlace is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MARKedPlace of such Third-Party Services.

 

1.5.    Due to the nature of the Internet, MARKedPlace cannot guarantee the continuous and uninterrupted availability and accessibility of the MARKedPlace Platform. MARKedPlace may restrict the availability of the MARKedPlace Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MARKedPlace Platform. MARKedPlace may improve, enhance and modify the MARKedPlace Platform and introduce new MARKedPlace Services from time to time.

 

2.       Part Two

Definitions

 

We have defined some of the words used in these Terms. These words begin with a capital letter. Singular words include the plural and plural words include the singular.

 

Word

Meaning

Applicable Laws

All national, provincial, local and municipal legislation, regulations, statutes, by-laws, consents and/or other laws of any relevant governmental authority and any other instrument having the force of law as may be issued and in force from time to time relating to or connected with the activities contemplated under these Terms.

Device

The computer, tablet, smartphone or other device you use to access the MARKedPlace Platform.

Education Buyer(s)

Students, Clients Trainees, Delegates, Attendees any individual or group who will or may be the recipient of education training and or development through an Education Provider through utilising the MARKedPlace Platform

Education Seller(s) (Provider)

Institution, company, organisation or similar entity offering education, training and skills development either registered and accredited or unregistered and unaccredited.

Fees

Your Education Provider fees for the current year, fees outstanding for the previous year and residence, printing and extracurricular fees as set out in a fees statement from your Education Provider. Fees do not include:

1.1.1.  the charges by your Educational Provider for non- academic expenses, such as parking fines and library late return fees; or

1.1.2.  charges by parties other than your Education Provider, such as for textbooks or rental.

Funders

Individuals, organisations and or juristic persona contributing either to the funding of an individual(s) expressed education training and or development requirement with and education provider or contributing funds to MARKedplace Education Fund’s Funding Pool

Intellectual Property

All: inventions, specifications, patents, designs, trademarks, service marks, trade names and all goodwill associated with these; copyright, including copyright in logos, devices, designs, multimedia works and computer software programs (in source and object code form), as well as programmers’ or developers’ notes, flow charts and design documents; rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases; confidential information; other intellectual property rights and similar kinds of protection that are registered or can be registered anywhere in the world; and applications for, and rights to apply for, the protection of any of the items on this list.

Intellectual Property Rights

All rights in and to Intellectual Property.

ISP

An internet service provider, which is an entity that provides access to the internet.

Loss

Any direct or indirect loss or damages.

Password

Any of the secret characters (letters, symbols and numbers) you use to access the MARKedPlace Platform or any other website, such as Facebook or Google, from which you can access the MARKedPlace Platform.

Personal Information

Information about an identifiable, natural person and where applicable, a juristic person, including, but not limited to information about: race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, e-mail, postal or physical address, telephone number; location; any online identifier; any other particular assignment of the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

Platform

The online platform, at www.markedplace.co.za and www.markedplace.org.za that enables you to create Profiles and potential funders to fund these students’ educational requirements.

Process

Any operation or activity, automated or not, concerning Personal Information, including: alteration, blocking, collation, collection, consultation, degradation, destruction, dissemination by means of transmission, distribution or making available in any other form, erasure, linking, merging, organisation, receipt, recording, retrieval, storage, updating, modification, or the use of information.  Processing and Processed will have a similar meaning.

Profile

The profile you create when you sign up for the MARKedPlace Platform.

SARS

The South African Revenue Service.

Student

An individual who is enrolled at an Education Provider and who has created a profile on the MARKedPlace Platform.

Support Centre

Our Support Centre, which you can reach at telephone number: +27 11 452 1765 or email: info@markedplace.co.za.

We, us or our

The MARKedPlace™ Non-Profit Company, with CIPC Registration number 2017/444234/08, and Public Benefit Organisation Number TBC and MARKedPlace Pty Ltd CIPC Registration Number 2016 / 365430 / 07 in addition to its successors and assigns.

you or your

The person who signs up for and uses the MARKedPlace Platform.

 

3.       Part Three

Terms and Conditions of Service for Education Buyers – Those seeking to pursue education, skills training, and development

 

1.1.    Introduction

 

1.1.1. These Terms apply to you individually and to your use of the MARKedPlace Platform.

1.1.2. Please read these Terms carefully as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. It is your responsibility to determine whether the MARKedPlace Platform is suitable and adequate for your needs. You assume all risks associated with your use of the MARKedPlace Platform.

1.1.3. Please pay special attention to the sections that are in bold and italics. These are important clauses which explain what may limit our responsibility or involve some risk for you.

1.1.4. By ‘accepting’ the Terms when you sign up for the MARKedPlace Platform and by continuing to use the MARKedPlace Platform, you agree to these Terms and represent and warrant that (i) you are at least 18 years of age and capable of entering into a legally binding agreement; or (ii) you have your guardian’s consent and agreement to enter into these Terms. If you are agreeing to these Terms on behalf of a juristic person, you warrant that you are duly authorised to do so.

1.1.5. You must know, understand and comply with these Terms.

 

1.2.    The MARKedPlace Platform

 

1.2.1. You can use the MARKedPlace Platform to create a Profile which expresses who you are, what and where you are interested in studying as well as the funding assistance you require.

1.2.2. Potential Education Providers offering the courses or fields of study you expressed an interest in and or the Education Provider you have specified will be able to see your Profile and expressed requirements, and if they choose to do so, they will contact you to discuss perusing your studies with them.

1.2.3. Potential funders will be able to see your Profile, and if they choose to do so, to fund the whole or a portion of your Fees. You may also qualify for Pool Funding, which is explained below.

 

1.3.    Signing Up and creating a profile

1.3.1. You can sign up for the MARKedPlace Platform by using your email address and creating a Password. Once you have done this, if you meet the criteria set out below, you can create a Profile.

1.3.2. To create a Profile, and utilise various features of the MARKedPlace Platform, you may be required to inter alia:

1.3.2.1. be a South African citizen;

1.3.2.2. be seeking to enrol or enrolled at an Education provider;

1.3.2.3. for funding applicants requiring current and or retrospective funding have obtained a minimum “pass” grade in your previous year of study;

1.3.2.4. be eligible for registration at your Educational Institution for the current year or, if you completed a qualification in the previous year, have obtained a minimum “pass” grade for that qualification;

1.3.2.5. qualify with Education Provider academic and applicable entrance eligibility criteria relating to your application and registration from time to time.

1.3.2.6. qualify with our eligibility criteria relating to your financial status from time to time.

 

1.4.    You must also provide us with all the information and documentation that we request, including your name, identity number, details of your Education Provider enrolment (including the name of your Education Provider, proof of enquiry at said Education Provider e.g. your student number and your course details for the current year, application form or registration / enrolment contract), Fees, financial circumstances, race and gender.

 

1.5.    You must update your MARKedPlace Profile frequently with a minimum of once every year with your course details and Fees. You must update your Profile as soon as any of the information you have provided in your Profile has changed.

 

2.       Funding

 

2.1.    You must provide us with all the information and documents that we request in order to qualify for funding.

2.2.    Potential funders can contribute towards a pool of funds (Pool) that we administer (Funding Pool).

2.3.    We may, from time to time, and in our sole discretion, pay the whole or a portion of your Fees from the Pool Funding. We will inform you if we have allocated you any Pool Funding and whether your funding goal as set out on your Profile has been met. We will inform you again, once the Educational Institution has been paid.

2.4.    If we award you any Pool Funding, we will pay this directly to the Education Provider where you are enrolled, provided that you comply with these Terms. 5% of the amount received from the funder will be utilised towards the costs of administering the MARKedPlace Non-Profit Company and then we will pay the balance directly to the Education Provider where you are enrolled.

2.5.    Potential funders will be able to see your Profile and if they wish to do so, to contribute towards your Fees (Individual Funding by means of Peer to Peer Funding /Crowd Funding).

2.6.    Any Individual Funding that is paid by a potential funder for your educational requirements will be paid by the funder to us. 5% of the amount received from the funder will be utilised towards the costs of administering the the MARKedPlace Non-Profit and then we will pay the balance directly to the Education Provider where you are enrolled, provided that you comply with these Terms.

2.7.    You will not receive any Individual Funding or Pool Funding in excess of the amount of your Fees, as confirmed by your Educational Institution.

2.8.    The timing of the payments we make to Educational Institutions (whether in respect of Pool Funding or Individual Funding) will be in our discretion.

2.9.    We will not be liable (responsible) for any penalties or interest on your Fees that your Education Provider may charge you on outstanding Fees. If we inform you that you have been allocated Pool Funding or Individual Funding, it is your responsibility to inform your Education Provider that you have been allocated funding and request that the Education Provider does not charge you any penalties or interest on outstanding Fees.

2.10. We do not guarantee that you will receive any funding, whether it is Pool Funding or              Individual Funding, through the MARKedPlace Platform.

 

3.       Your Information

 

3.1.    Other users of the MARKedPlace Platform will be able to see, copy and use the information that you display on your Profile.

3.2.    We can remove any information or content that you post or share on the MARKedPlace Platform if it goes against these Terms.

 

4.       Other parties’ Information

 

4.1.    You use any content or information belonging to or provided by third parties on the MARKedPlace Platform at your own risk.

4.2.    We are not responsible for:

4.2.1. any content or information provided by third parties on the MARKedPlace Platform or for any Loss that you may suffer because you relied on it; or

4.2.2. any content, information, goods or services on a third party’s website that was accessed through a link on the MARKedPlace Platform.

 

5.       Using the MARKedPlace Platform

 

5.1.    When you use the MARKedPlace Platform you must:

5.1.1. comply with all Applicable Laws;

5.1.2. only provide accurate and correct information;

5.1.3. use the MARKedPlace Platform in a professional manner.

5.2.    When you use the MARKedPlace Platform you must not:

5.2.1. act dishonestly, unlawfully or unprofessionally;

5.2.2. use the MARKedPlace Platform in an offensive way, including using offensive language;

5.2.3. create a false identity or misrepresent your identity or any information about you;

5.2.4. create a Profile for anyone other than yourself;

5.2.5. use or attempt to use someone else’s profile;

5.2.6. copy the profiles or information of others through any means;

5.2.7. use or share information belonging to others unless they have allowed you to do so;

5.2.8. disclose any information that you do not have the right to disclose;

5.2.9. introduce any software or data onto the MARKedPlace Platform that could negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software.

5.3.    Standard data costs will be charged by your ISP every time you use the MARKedPlace Platform.

 

6.       Security for the MARKedPlace Platform

 

6.1.    You must keep your Password secret and safe. It is not safe to keep your Password on a Device.

6.2.    You waive any claim you may have against us for any Loss you may suffer if you have not kept your Password safe or if someone else uses your Password or your Device.

6.3.    If your Device is lost, stolen or not in your possession, you have lost your Password, or you suspect that someone may have unauthorised access to your Password you must immediately use another Device to access the MARKedPlace Platform and reset your Password.

 

7.       Software and hardware

 

7.1.    You must use a Device (hardware) and software (programs) suitable for the MARKedPlace Platform. If you do not, the MARKedPlace Platform may not work properly, and this could increase your security risks.

7.2.    We do not guarantee or suggest that the MARKedPlace Platform or any file, download or application, whether or not it is made available by a third party, on the MARKedPlace Platform is safe to use on any computer. We cannot guarantee that the MARKedPlace Platform or such file, download or application does not have software or data that can negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software (Malware). We will not be liable (responsible) for any Loss that you may suffer because of any Malware on the MARKedPlace Platform.

 

8.       Our Intellectual Property

 

8.1.    We and/or our third-party licensors (as applicable) own and will continue to own the Intellectual Property Rights in and to the MARKedPlace Platform.

8.2.    Even if any content on the MARKedPlace Platform is not confidential or there are no Intellectual Property Rights in it, we and/or our third-party licensors (as applicable) own the content and you have no rights in it.

8.3.    We give you a revocable, non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the MARKedPlace Platform, which incorporates our and/or our third-party licensors’ (as applicable) Intellectual Property, and any updates and/or upgrades to it. You may use the MARKedPlace Platform, which incorporates our and/or our third-party licensors (as applicable) Intellectual Property, for the purpose set out in these Terms only and for no other purpose.

8.4.    The licence to use the MARKedPlace Platform and the Intellectual Property in it will start when you sign up for the MARKedPlace Platform and will carry on until it is ended in line with these Terms.

8.5.    The MARKedPlace Platform is licensed to you only. You may not grant any rights of use or any other rights in respect of the MARKedPlace Platform, the Intellectual Property Rights in it, or any content on it (including content belonging to third parties) to any other person.

8.6.    You may not in any manner exploit the MARKedPlace Platform and any Intellectual Property in it for commercial gain of any nature.

8.7.    You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the MARKedPlace Platform, the Intellectual Property in it, its content, its design, any updates to it, or any proprietary features in or to it, or any parts of it. This prohibition applies to any content belonging to third parties that is found on the MARKedPlace Platform.

8.8.    When you use the MARKedPlace Platform you must not violate anyone else’s Intellectual Property Rights.

8.9.    You own all of the content, information and Personal Information that you provide us with, but you grant us a revocable, non-assignable, non-sub-licensable, transferable, non-exclusive licence to use it. This includes your name, identity number, details of your Educational Institution enrolment, Fees and personal stories that you provide.

 

9.       Using and sharing your Personal Information

 

9.1.    You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources to verify any information you provide us, for compliance purposes, and for the purposes set out below.

9.2.    If you give us Personal Information about or on behalf of another person, you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically where Personal Information is Processed by our service providers outside the country where the MARKedPlace Platform is provided; and (c) receive any privacy notices on their behalf.

9.3.    You consent to us Processing your Personal Information:

9.3.1. to provide the MARKedPlace Platform to you in terms of these Terms;

9.3.2. to verify any information that you have provided to us, including Personal Information on or about another person, so that we can determine whether you qualify for funding;

9.3.3. to carry out statistical and other analyses to identify trends and evaluate and improve the MARKedPlace Platform (this includes improving existing and developing new products and services); and

9.3.4. by sharing your Personal Information with our third-party service providers, locally and in countries outside the country where the MARKedPlace Platform is provided. These countries may not have the same data protection laws as the country where the MARKedPlace Platform is provided. Where we can, we will ask the receiving party to agree to our privacy policies.

9.4.    You consent to us publishing your name, personal stories and any other information that you have that you have uploaded onto your Profile on our website and in any of our marketing material or communications.

9.5.    You consent to us contacting you for research purposes relating to the MARKedPlace Platform.

 

10.   Your responsibility for our loss or damages

 

10.1.You are responsible for your use of the MARKedPlace Platform and anything that happens on or through your Profile.

10.2.You are liable (responsible) for any Loss that we may suffer because:

10.2.1.     you breach any of these Terms;

10.2.2.     of any claims against us relating to you using (i) the MARKedPlace Platform; or (ii)                 any Intellectual Property Rights in the MARKedPlace Platform; in an unauthorised              way or for any illegal purpose.

 

11.   Disclaimer and limitation of liability (limits our responsibility to you)

 

11.1.Information on the MARKedPlace Platform is provided "as is" and we will not be responsible for any Loss that may follow if you rely on it.

11.2.We are not responsible for any Loss related to your use of the MARKedPlace Platform, for any reason, even if we were told that Loss was possible. We are not responsible for any Loss caused by:

11.2.1.     someone finding out your Password;

11.2.2.     any technical or other problems (interruption, malfunction, downtime or other        failures) which affect the MARKedPlace Platform or your access to the MARKedPlace           Platform;

11.2.3.     any Personal Information or other information being lost or damaged because of   technical problems, power failures, unlawful acts (such as data theft), a harmful                 computer program or virus, or your own negligence (lack of care);

11.2.4.     any failure or problem affecting goods or services provided by any other party, for                 example, a telecommunication service provider (such as Telkom), mobile network             operator, ISP, electricity supplier (such as Eskom), or a local or other authority; or

11.2.5.     any event that we have no control over.

 

12.   Changes or updates to these Terms

 

12.1. We may change or update these Terms or the MARKedPlace Platform from time to time. The latest version of the Terms will apply to you each time you use the MARKedPlace Platform.

 

13.   Changing the MARKedPlace Platform or Ending these terms

 

13.1. We may change or discontinue the MARKedPlace Platform or any of the services offered by the MARKedPlace Platform. If we do, we will not store or keep showing any information or content that you provided us with.

13.2. We are not obliged to store, maintain or provide you with a copy of any content or information that you or a third party has provided us with.

13.3. We may limit your use of the MARKedPlace Platform, stop you using the MARKedPlace Platform or end our relationship with you at any time, and for any reason, including if we:

13.3.1.     believe or suspect you are using the MARKedPlace Platform wrongly or unlawfully    (illegally); or

13.3.2.     that you have breached these Terms; or

13.3.3.     must do this for legal reasons.

13.4. Termination for any reason will result in the cancellation of your access to and your use of the MARKedPlace Platform and the Intellectual Property in it, and you must immediately stop all use of the MARKedPlace Platform and the Intellectual Property in it.

 

14.   How disagreements or differences will be resolved

 

14.1. If you have a complaint about your use of the MARKedPlace Platform or these Terms, please contact the Contact Centre. If you are not happy with the way the complaint is settled once you have done this, you can approach any South African court of law that has jurisdiction (authority in this area).

 

15.   Where legal documents and notices will be sent

15.1. We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):

MARKedPlace,  
752 Kingfisher Crescent

Bushwillow Park, Greenstone Hill 
Edenvale

Johannesburg 
2193.

 

16.   Law governing our relationship

 

16.1.1.     South African law will govern these Terms.

 

4.       Part Four

Terms and Conditions of Service for Funders – Those seeking to contribute Funds to specific individual(s) or to the MARKedPlace Education Funding Pool

 

1.       Introduction

 

1.1.    These Terms apply to you individually and to your use of the MARKedPlace Platform.

1.2.    Please read these Terms carefully as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. It is your responsibility to determine whether the MARKedPlace Platform is suitable and adequate for your needs. You assume all risks associated with your use of the MARKedPlace Platform.

1.3.    Please pay special attention to the sections that are in bold and italics. These are important clauses which explain what may limit our responsibility or involve some risk for you.

1.4.    By ‘accepting’ the Terms when you sign up for the MARKedPlace Platform and by continuing to use the MARKedPlace Platform, you agree to these Terms. If you are an individual, you represent and warrant that you are at least 18 years of age and/or capable of entering into a legally binding agreement. If you are agreeing to these Terms on behalf of a juristic person, you warrant that you are duly authorised to do so.

1.5.    These Terms take effect (begin) when you sign up for the MARKedPlace Platform.

1.6.    You must know, understand and comply with these Terms.

 

2.       MARKedPlace Education Fund

 

2.1.    MARKedPlace Education Fund is a Non-Profit Company, registration number 2017/444234/08 awaiting confirmation as a public benefit organisation (PBO).  The specific purpose of MARKedPlace Education Fund is to facilitate funding between Students and potential funders via the MARKedPlace Platform. We have applied to SARS’ Tax Exemption Unit for approval as a public benefit organisation as well as approval in terms of section 18A of the Income Tax Act, 1962.

2.2.    You can use the MARKedPlace Platform to create a Profile, view Students’ profiles, and if you choose to do so, to fund the whole or a portion of a Student’s Fees. You can also contribute towards the MARKedPlace Funding Pool, which is explained below.

 

3.       Signing Up and creating a profile

 

3.1.    You can sign up for the MARKedPlace Platform by using your email address and creating a Password. Once you have done this, you will create your Profile or we will assist you to create a Profile.

3.2.    To create a Profile, you must provide us with your name, identity or registration number, contact details and any other information or documentation that we may request from time to time, such as your identity document or company registration documents, including information and documentation for any related parties who you may authorise to operate your Profile.

 

4.       Funding

 

4.1.    Once you have created a Profile, you can contribute towards a pool of funds (Pool) that we administer (Funding Pool).

4.2.    We may, from time to time, and in our sole discretion, pay the whole or a portion of a Student or Students’ Fees from the Pool Funding. We will allocate Pool Funding to Students who comply with our eligibility criteria relating to the Student’s financial status from time to time, as well as the criteria set out in Broad-Based Black Economic Empowerment (BBBEE) policies and laws.

4.3.    We will pay any Pool Funding directly to the relevant Education Provider after we have allocated this funding to a Student or Students. 5% of your contribution will be utilised towards the costs of administering the MARKedPlace Education Fund and the balance will be paid directly to the Education Provider where the Student or Students are enrolled.

4.4.    You can also contribute towards individual Students’ Fees (Individual Funding).

4.5.    Any Individual Funding that you choose to pay will be paid to us. 5% of the amount that you have chosen to contribute will be utilised towards the costs of administering the MARKedPlace Education Fund and then we will pay the balance directly to the Education Provider where the Student is enrolled, or we may, in our discretion, pay any funds or a portion of the funds that we receive to the Pool. This may happen where the Individual Funding amount is more than the amount of the Student’s Fees, where a Student has already paid his/her Fees, where two or more funders contribute towards a Student’s Fees or where a Student’s Profile has been removed from the MARKedPlace Platform because it did not comply with our rules.

4.6.    We will send you a statement setting out the funds that were paid to the Education Provider and how these funds were allocated. Statements will be sent to the email address you provided in your Profile.

4.7.    The timing of the payments we make to Educational Institutions (whether in respect of Pool Funding or Individual Funding) will be in our discretion.

4.8.    Pending our SARS approval you will be able to download a receipt in terms of section 18A of the Income Tax Act 58 of 1962 from the MARKedPlace Platform.

4.9.    We will provide you with a report setting out the details of any funding that you have provided, which may contribute towards your BBBEE status.

 

5.       Refunds

 

5.1.    You can request a refund of the contribution you made in accordance with our Refund Policy, detailed as follows:

5.1.1. Donations as a result of direct marketing

A funder that was introduced to the MARKedPlace Education Fund as a result of direct marketing may cancel a donation by written notice to that effect, within 5 days of the date of payment of the donation being made.

5.1.2. Donations not as a result of direct marketing

Donations not resulting from direct marketing will generally not be refunded. Donations may be refunded, at the sole discretion of the Directors of MARKedPlace Education Fund, after considering requests submitted in writing within 5 days of the date of payment of the donation being made.

The full or partial refund amount will be subject to a 5% refund fee charged.

5.1.3. Requirement for confirmation of identity

All refunds are subject to prior confirmation of the identity of the funder and the persons acting on behalf of the funder and their authority to act. The specific requirements will be made available to the funder upon submission of their notice of cancellation.

5.1.4. Requirement for confirmation of account details

Refunds will only be made into a South African bank account. The bank account details into which refunds are to be made must be verified in a manner specified by MARKedPlace Education Fund on receipt of the notice of cancellation.

5.1.5. Payment of the refund

Payment of the refund will not be made until and unless confirmation of identity and bank account details referred to in this Policy have been provided to the satisfaction of MARKedPlace Education Fund.

Any refund will be made within 15 days of receipt of confirmation of identity and bank account details to the satisfaction of MARKedPlace Education Fund.

The full or partial refund amount will be subject to a 5% refund fee charged.

 

6.       Other parties’ information

 

6.1.    You use any content or information belonging to or provided by third parties on the MARKedPlace Platform at your own risk.

6.2.    We are not responsible for:

6.2.1. any content or information provided by third parties on the MARKedPlace Platform or for any Loss that you may suffer because you relied on it; or

6.2.2. any content, information, goods or services on a third party’s website that was accessed through a link on the MARKedPlace Platform.

 

7.       Using the MARKedPlace Platform

 

7.1.    When you use the MARKedPlace Platform you must:

7.1.1. comply with all Applicable Laws;

7.1.2. only provide accurate and correct information;

7.1.3. use the MARKedPlace Platform in a professional manner.

7.2.    When you use the MARKedPlace Platform you must not:

7.2.1. act dishonestly, unlawfully or unprofessionally;

7.2.2. use the MARKedPlace Platform in an offensive way, including using offensive language;

7.2.3. create a false identity or misrepresent your identity or any information about you;

7.2.4. create a Profile for anyone other than yourself;

7.2.5. use or attempt to use someone else’s profile;

7.2.6. copy the profiles or information of others through any means;

7.2.7. use or share information belonging to others unless they have allowed you to do so;

7.2.8. disclose any information that you do not have the right to disclose;

7.2.9. introduce any software or data onto the MARKedPlace Platform that could negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software.

7.3.    Standard data costs will be charged by your ISP every time you use the MARKedPlace Platform.

 

8.       Software and hardware

 

8.1.    You must use a Device (hardware) and software (programs) suitable for the MARKedPlace Platform. If you do not, the MARKedPlace Platform may not work properly and this could increase your security risks.

8.2.    We do not guarantee or suggest that the MARKedPlace Platform or any file, download or application, whether or not it is made available by a third party, on the MARKedPlace Platform is safe to use on any computer. We cannot guarantee that the MARKedPlace Platform or such file, download or application does not have software or data that can negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software (Malware). We will not be liable (responsible) for any Loss that you may suffer because of any Malware on the MARKedPlace Platform.

 

9.       Our Intellectual Property

 

9.1.    We and/or our third-party licensors (as applicable) own and will continue to own the Intellectual Property Rights in and to the MARKedPlace Platform.

9.2.    Even if any content on the MARKedPlace Platform is not confidential or there are no Intellectual Property Rights in it, we and/or our third-party licensors (as applicable) own the content and you have no rights in it.

9.3.    We give you a revocable, non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the MARKedPlace Platform, which incorporates our and/or our third-party licensors’ (as applicable) Intellectual Property, and any updates and/or upgrades to it. You may use the MARKedPlace Platform, which incorporates our and/or our third-party licensors (as applicable) Intellectual Property, for the purpose set out in these Terms only and for no other purpose.

9.4.    The MARKedPlace Platform is licensed to you only. You may not grant any rights of use or any other rights in respect of the MARKedPlace Platform, the Intellectual Property Rights in it, or any content on it (including content belonging to third parties) to any other person.

9.5.    You may not in any manner exploit the MARKedPlace Platform and any Intellectual Property in it for commercial gain of any nature.

9.6.    You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the MARKedPlace Platform, the Intellectual Property in it, its content, its design, any updates to it, or any proprietary features in or to it, or any parts of it. This prohibition applies to any content belonging to third parties that is found on the MARKedPlace Platform.

9.7.    When you use the MARKedPlace Platform you must not violate anyone else’s Intellectual Property Rights.

9.8.    You own all of the content, information and Personal Information that you provide us with, but you grant us a revocable, non-assignable, non-sub-licensable, transferable, non-exclusive licence to use it.

 

10.   Using and sharing your Personal Information

 

10.1. You consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources to verify any information you provide us, for compliance purposes, and for the purposes set out below.

10.2. If you give us Personal Information about or on behalf of another person, you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically where Personal Information is Processed by our service providers outside the country where the MARKedPlace Platform is provided; and (c) receive any privacy notices on their behalf.

10.3. You consent to us Processing your Personal Information:

10.3.1.     to provide the MARKedPlace Platform to you in terms of these Terms;

10.3.2.     to carry out statistical and other analyses to identify trends and evaluate and improve the MARKedPlace Platform (this includes improving existing and developing new products and services); and

10.3.3.     by sharing your Personal Information with our third-party service providers, locally and in countries outside the country where the MARKedPlace Platform is provided. These countries may not have the same data protection laws as the country where the MARKedPlace Platform is provided. Where we can, we will ask the receiving party to agree to our privacy policies

10.4. If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live, you should get independent advice.

10.5. You consent to us publishing your name and logo on our website and in any of our marketing material or communications.

10.6. You consent to us contacting you for research purposes relating to the MARKedPlace Platform.

 

11.   Your responsibility for our loss or damages

 

11.1. You are responsible for your use of the MARKedPlace Platform.

11.2. You will be liable (responsible) for any Loss that we may suffer because:

11.2.1.     you breach any of these Terms;

11.2.2.     of any claims against us relating to you using (i) the MARKedPlace Platform; or (ii) any         Intellectual Property Rights in the MARKedPlace Platform; in an unauthorised way or for any illegal purpose.

 

12.   Disclaimer and limitation of liability (limits our responsibility to you)

 

12.1. Information on the MARKedPlace Platform is provided "as is" and we will not be responsible for any Loss that may follow if you rely on it.

12.2. We are not responsible for any Loss related to your use of the MARKedPlace Platform, for any reason, even if we were told that Loss was possible. We are not responsible for any Loss caused by:

12.2.1.     any technical or other problems (interruption, malfunction, downtime or other failures)       which affect the MARKedPlace Platform or your access to the MARKedPlace Platform;

12.2.2.     any Personal Information or other information being lost or damaged because of   technical problems, power failures, unlawful acts (such as data theft), a harmful                 computer program or virus, or your own negligence (lack of care);

12.2.3.     any failure or problem affecting goods or services provided by any other party, for                 example, a telecommunication service provider (such as Telkom), mobile network             operator, ISP, electricity supplier (such as Eskom), or a local or other authority; or

12.2.4.     any event that we have no control over.

 

13.   Changes or updates to these Term

 

13.1. We may change or update these Terms or to the MARKedPlace Platform from time to time. The latest version of the Terms will apply to you each time you use the MARKedPlace Platform.

 

14.   Changing the MARKedPlace Platform or Ending these terms

 

14.1. We may change or discontinue the MARKedPlace Platform or any of the services offered by the MARKedPlace Platform. If we do, we will not store or keep showing any information or content that you provided us with.

14.2. We are not obliged to store, maintain or provide you with a copy of any content or information that you or a third party has provided us with.

14.3. We may limit your use of the MARKedPlace Platform, stop you using the MARKedPlace Platform or end our relationship with you at any time, and for any reason, including if we:

14.3.1.     believe or suspect you are using the MARKedPlace Platform wrongly or unlawfully    (illegally);              or

14.3.2.     that you have breached these Terms; or

14.3.3.     must do this for legal reasons.

14.4. Termination for any reason will result in the cancellation of your access to and your use of the MARKedPlace Platform and the Intellectual Property in it, and you must immediately stop all use of the MARKedPlace Platform and the Intellectual Property in it.

 

15.   How disagreements or differences will be resolved

 

15.1. If you have a complaint about your use of the MARKedPlace Platform or these Terms, please contact the Contact Centre. If you are not happy with the way the complaint is settled once you have done this, you can approach any South African court of law that has jurisdiction (authority in this area).

 

16.   Where legal documents and notices will be sent

 

16.1. We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):

MARKedPlace,  
752 Kingfisher Crescent

Bushwillow Park, Greenstone Hill 
Edenvale

Johannesburg 
2193.

 

17.   Law governing our relationship

 

17.1. South African law will govern these Terms.

 

5.       Part Five

Terms and Conditions of Service for Education Sellers (Providers) – Those seeking to pursue education, skills training, and development

 

1.       Introduction

 

1.1.    These Terms apply to you individually and to your use of the MARKedPlace Platform.

1.2.    Please read these Terms carefully as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. It is your responsibility to determine whether the MARKedPlace Platform is suitable and adequate for your needs. You assume all risks associated with your use of the MARKedPlace Platform.

1.3.    Please pay special attention to the sections that are in bold and italics. These are important clauses which explain what may limit our responsibility or involve some risk for you.

1.4.    By ‘accepting’ the Terms when you sign up for the MARKedPlace Platform and by continuing to use the MARKedPlace Platform, you agree to these Terms. If you are an individual, you represent and warrant that you are at least 18 years of age and/or capable of entering into a legally binding agreement. If you are agreeing to these Terms on behalf of a juristic person, you warrant that you are duly authorised to do so.

1.5.    These Terms take effect (begin) when you sign up for the MARKedPlace Platform.

1.6.    You must know, understand and comply with these Terms.

 

2.       MARKedPlace PTY Ltd

 

2.1.    MARKedPlace Pty Ltd is a For-Profit Company, registration number 2016 / 365430 / 07 .The specific purpose of MARKedPlace Pty Ltd is to facilitate Lead generation for Education Sellers (Providers) matching or connecting them to prospective Education Buyers (individuals and or organisational buyers) as well as increasing the likelihood of specifically individual buyer enrolment with Education Selllers (Providers) by linking individual students to potential funders via the MARKedPlace Platform and facilitating the transaction via MARKedPlace Education Fund the registered Non Profit Company operated by MARKedPalce - Registration number 2017/444234/08. We have applied to SARS’ Tax Exemption Unit for approval as a public benefit organisation as well as approval in terms of section 18A of the Income Tax Act, 1962.

2.2.    You can use the MARKedPlace Platform to create a Profile, view Students’ profiles, and if you choose to do so, purchase the prospective student as a lead and contact them directly.

2.3.    Education Sellers can also offer and promote discounted courses via the platform after registration and in line with the detailed terms and conditions of service.

 

3.       Signing Up and creating a profile

 

3.1.    You can sign up for the MARKedPlace Platform by using your organisation or institution’s email address containing the same domain extension as your primary brand website and creating a Password. Once you have done this, you will create your Profile, or we will assist you to create a Profile.

3.2.    To create a Profile, you must provide us with your name, identity or registration number, organisation’s logo, contact details and any other information or documentation that we may request from time to time, such as your identity document or company registration documents, including information and documentation for any related parties who you may authorise to operate your Profile.

 

4.       Funding

 

4.1.    You may either prior or subsequent to registration refer applicants or registered students /delegates to MARKedPlace for them to attempt to obtain funding.

4.2.    Should you so choose once you have created a Profile, your organisation can contribute towards a pool of funds (Pool) that we administer (Funding Pool) for purposes of BBEE compliance.

4.3.    We may, from time to time, and in our sole discretion, pay the whole or a portion of a Student or Students’ Fees from the Pool Funding. We will allocate Pool Funding to Students who comply with our eligibility criteria relating to the Student’s financial status from time to time, as well as the criteria set out in Broad-Based Black Economic Empowerment (BBBEE) policies and laws.

4.4.    We will pay any Pool Funding directly to the relevant Education Provider after we have allocated this funding to a Student or Students. 5% of your contribution will be utilised towards the costs of administering the MARKedPlace Education Fund and the balance will be paid directly to the Education Provider where the Student or Students are enrolled.

4.5.    You can also contribute towards individual Students’ Fees (Individual Funding).

4.6.    Any Individual Funding that you choose to pay will be paid to us. 5% of the amount that you have chosen to contribute will be utilised towards the costs of administering the MARKedPlace Education Fund and then we will pay the balance directly to the Education Provider where the Student is enrolled, or we may, in our discretion, pay any funds or a portion of the funds that we receive to the Pool. This may happen where the Individual Funding amount is more than the amount of the Student’s Fees, where a Student has already paid his/her Fees, where two or more funders contribute towards a Student’s Fees or where a Student’s Profile has been removed from the MARKedPlace Platform because it did not comply with our rules.

4.7.    We will send you a statement setting out the funds that were paid to the Education Provider and how these funds were allocated. Statements will be sent to the email address you provided in your Profile.

4.8.    The timing of the payments we make to Educational Institutions (whether in respect of Pool Funding or Individual Funding) will be in our discretion.

4.9.    Pending our SARS approval you will be able to download a receipt in terms of section 18A of the Income Tax Act 58 of 1962 from the MARKedPlace Platform.

4.10. We will provide you with a report setting out the details of any funding that you have provided, which may contribute towards your BBBEE status.

 

5.       Refunds

 

5.1.    You can request a refund of the contribution you made in accordance with our Refund Policy, detailed as follows:

5.1.1. Donations as a result of direct marketing

5.1.1.1.1.                      A funder that was introduced to the MARKedPlace Education Fund as a         result of direct marketing may cancel a donation by written notice to         that effect, within 5 days of the date of payment of the donation being   made.

5.1.2. Donations not as a result of direct marketing

5.1.2.1.1.                      Donations not resulting from direct marketing will generally not be refunded. Donations may be refunded, at the sole discretion of the       Directors of MARKedPlace Education Fund, after considering requests       submitted in writing within 5 days of the date of payment of the               donation being made.

5.1.2.1.2.                      The full or partial refund amount will be subject to a 5% refund fee charged.

5.1.3. Requirement for confirmation of identity

5.1.3.1.1.                      All refunds are subject to prior confirmation of the identity of the    funder and the persons acting on behalf of the funder and their   authority to act. The specific requirements will be made available to the               funder upon submission of their notice of cancellation.

5.1.4. Requirement for confirmation of account details

5.1.4.1.1.                      Refunds will only be made into a South African bank account. The bank         account details into which refunds are to be made must be verified in a       manner specified by MARKedPlace Education Fund on receipt of the    notice of cancellation.

5.1.5. Payment of the refund Payment of the refund will not be made until and unless confirmation of identity and bank account details referred to in this Policy have been provided to the satisfaction of MARKedPlace Education Fund.

5.1.5.1.1.                      Any refund will be made within 15 days of receipt of confirmation of              identity and bank account details to the satisfaction of MARKedPlace   Education Fund.

5.1.5.1.2.                      The full or partial refund amount will be subject to a 5% refund fee charged.

 

6.       Other parties’ information

 

6.1.    You use any content or information belonging to or provided by third parties on the MARKedPlace Platform at your own risk.

6.2.    We are not responsible for:

6.2.1. any content or information provided by third parties on the MARKedPlace Platform or for any Loss that you may suffer because you relied on it; or

6.2.2. any content, information, goods or services on a third party’s website that was accessed through a link on the MARKedPlace Platform.

 

7.       Using the MARKedPlace Platform

 

7.1.    When you use the MARKedPlace Platform you must:

7.1.1. comply with all Applicable Laws;

7.1.2. only provide accurate and correct information;

7.1.3. use the MARKedPlace Platform in a professional manner.

7.2.    When you use the MARKedPlace Platform you must not:

7.2.1. act dishonestly, unlawfully or unprofessionally;

7.2.2. use the MARKedPlace Platform in an offensive way, including using offensive language;

7.2.3. create a false identity or misrepresent your identity or any information about you;

7.2.4. create a Profile for anyone other than yourself;

7.2.5. use or attempt to use someone else’s profile;

7.2.6. copy the profiles or information of others through any means;

7.2.7. use or share information belonging to others unless they have allowed you to do so;

7.2.8. disclose any information that you do not have the right to disclose;

7.2.9. introduce any software or data onto the MARKedPlace Platform that could negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software.

7.3.    Standard data costs will be charged by your ISP every time you use the MARKedPlace Platform.

 

8.       Software and hardware

 

8.1.    You must use a Device (hardware) and software (programs) suitable for the MARKedPlace Platform. If you do not, the MARKedPlace Platform may not work properly and this could increase your security risks.

8.2.    We do not guarantee or suggest that the MARKedPlace Platform or any file, download or application, whether or not it is made available by a third party, on the MARKedPlace Platform is safe to use on any computer. We cannot guarantee that the MARKedPlace Platform or such file, download or application does not have software or data that can negatively affect a computer system, such as viruses, trojans and other malicious (dangerous) software (Malware). We will not be liable (responsible) for any Loss that you may suffer because of any Malware on the MARKedPlace Platform.

 

9.       Our Intellectual Property

 

9.1.    We and/or our third-party licensors (as applicable) own and will continue to own the Intellectual Property Rights in and to the MARKedPlace Platform.

9.2.    Even if any content on the MARKedPlace Platform is not confidential or there are no Intellectual Property Rights in it, we and/or our third-party licensors (as applicable) own the content and you have no rights in it.

9.3.    We give you a revocable, non-assignable, non-sub-licensable, non-transferable, non-exclusive licence to use the MARKedPlace Platform, which incorporates our and/or our third-party licensors’ (as applicable) Intellectual Property, and any updates and/or upgrades to it. You may use the MARKedPlace Platform, which incorporates our and/or our third-party licensors (as applicable) Intellectual Property, for the purpose set out in these Terms only and for no other purpose.

9.4.    The MARKedPlace Platform is licensed to you only. You may not grant any rights of use or any other rights in respect of the MARKedPlace Platform, the Intellectual Property Rights in it, or any content on it (including content belonging to third parties) to any other person.

9.5.    You may not in any manner exploit the MARKedPlace Platform and any Intellectual Property in it for commercial gain of any nature.

9.6.    You may not copy, adapt, modify, alter, de-compile, reverse engineer, attempt to derive the source code of, create derivative works of, or otherwise attempt to reproduce the MARKedPlace Platform, the Intellectual Property in it, its content, its design, any updates to it, or any proprietary features in or to it, or any parts of it. This prohibition applies to any content belonging to third parties that is found on the MARKedPlace Platform.

9.7.    When you use the MARKedPlace Platform you must not violate anyone else’s Intellectual Property Rights.

9.8.    You own all of the content, information and Personal Information that you provide us with, but you grant us a revocable, non-assignable, non-sub-licensable, transferable, non-exclusive licence to use it.

 

10.   Using and sharing your Organisational and Authorised Representatives Personal Information

 

10.1. You consent to us collecting your Organisational and Authorised Representatives Information from you and where lawful and reasonable, from public sources to verify any information you provide us, for compliance purposes, and for the purposes set out below.

10.2. If you give us Personal Information about or on behalf of another person, you confirm that you are authorised to: (a) give us the Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically where Personal Information is Processed by our service providers outside the country where the MARKedPlace Platform is provided; and (c) receive any privacy notices on their behalf.

10.3. You consent to us Processing your Organisational and Authorised Representatives Information:

10.3.1.     to provide the MARKedPlace Platform to you in terms of these Terms;

10.3.2.     to carry out statistical and other analyses to identify trends and evaluate and improve the MARKedPlace Platform (this includes improving existing and developing new products and services); and

10.3.3.     by sharing your Organisational and Authorised Representatives Information with our third-party service providers, locally and in countries outside the country where the MARKedPlace Platform is provided. These countries may not have the same data protection laws as the country where the MARKedPlace Platform is provided. Where we can, we will ask the receiving party to agree to our privacy policies

10.4. If you are unsure about your tax or legal position because your Organisational and Authorised Representatives Information is Processed in countries other than where you live, you should get independent advice.

10.5. You consent to us publishing your name and logo on our website and in any of our marketing material or communications.

10.6. You consent to us contacting you for research purposes relating to the MARKedPlace Platform.

 

11.   Your responsibility for our loss or damages

 

11.1. You are responsible for your use of the MARKedPlace Platform.

11.2. You will be liable (responsible) for any Loss that we may suffer because:

11.2.1.     you breach any of these Terms;

11.2.2.     of any claims against us relating to you using (i) the MARKedPlace Platform; or (ii) any         Intellectual Property Rights in the MARKedPlace Platform; in an unauthorised way or       for any illegal purpose.

 

12.   Disclaimer and limitation of liability (limits our responsibility to you)

 

12.1. Information on the MARKedPlace Platform is provided "as is" and we will not be responsible for any Loss that may follow if you rely on it.

12.2. We are not responsible for any Loss related to your use of the MARKedPlace Platform, for any reason, even if we were told that Loss was possible. We are not responsible for any Loss caused by:

12.2.1.     any technical or other problems (interruption, malfunction, downtime or other failures)       which affect the MARKedPlace Platform or your access to the MARKedPlace Platform;

12.2.2.     any Personal Information or other information being lost or damaged because of   technical problems, power failures, unlawful acts (such as data theft), a harmful                 computer program or virus, or your own negligence (lack of care);

12.2.3.     any failure or problem affecting goods or services provided by any other party, for                 example, a telecommunication service provider (such as Telkom), mobile network             operator, ISP, electricity supplier (such as Eskom), or a local or other authority; or

12.2.4.     any event that we have no control over.

 

13.   Changes or updates to these Term

 

13.1. We may change or update these Terms or to the MARKedPlace Platform from time to time. The latest version of the Terms will apply to you each time you use the MARKedPlace Platform.

 

14.   Changing the MARKedPlace Platform or Ending these terms

 

14.1. We may change or discontinue the MARKedPlace Platform or any of the services offered by the MARKedPlace Platform. If we do, we will not store or keep showing any information or content that you provided us with.

14.2. We are not obliged to store, maintain or provide you with a copy of any content or information that you or a third party has provided us with.

14.3. We may limit your use of the MARKedPlace Platform, stop you using the MARKedPlace Platform or end our relationship with you at any time, and for any reason, including if we:

14.3.1.     believe or suspect you are using the MARKedPlace Platform wrongly or unlawfully (illegally); or

14.3.2.     that you have breached these Terms; or

14.3.3.     must do this for legal reasons.

14.4. Termination for any reason will result in the cancellation of your access to and your use of the MARKedPlace Platform and the Intellectual Property in it, and you must immediately stop all use of the MARKedPlace Platform and the Intellectual Property in it.

 

15.   How disagreements or differences will be resolved

 

15.1. If you have a complaint about your use of the MARKedPlace Platform or these Terms, please contact the Contact Centre. If you are not happy with the way the complaint is settled once you have done this, you can approach any South African court of law that has jurisdiction (authority in this area).

 

16.   Where legal documents and notices will be sent

 

16.1. We choose the following address for the service or delivery of any legal documents (our domicilium citandi et executandi):

MARKedPlace,  
752 Kingfisher Crescent

Bushwillow Park, Greenstone Hill 
Edenvale

Johannesburg 
2193.

 

17.   Law governing our relationship

 

17.1. South African law will govern these Terms.