• 1. Introduction

    Last updated: 2 June 2021.

    1. This website can be accessed at marketplace.getlion.co.za, or via www.getlion.co.za, related mobile-sites and software applications. The “Website”, “getlion Marketplace” is owned and operated by Getlion (Proprietary) Limited, a South African Private Company with Registration number 2020 / 189642 / 07.  (“Getlion”, “getlion”, “we”, “us” and “our”).

    2.  Buyer/s” refers to registered users on the getlion Marketplace (be it other Sellers or members of the General Public) that search for goods/services, engage with sellers, place an order and make payment for the order – i.e. purchases the product/service through an online transaction.

    3.    Seller/s” refers to registered users of the getlion mobile application, that have registered as sellers/vendors on the getlion Marketplace, list their product/service for sale through an online transaction, and are responsible for the fulfillment/delivery of the product/service that is ordered and paid for by a buyer on the Website.

    4.    Product” or “Good” refers to physical items/listings being sold by sellers on the getlion™️ marketplace, E.g. Clothing, Food and Manufactured items. These will require physical delivery by the seller or their appointed courier, or collection from the seller by the buyer. In the instance that an item is made-to-order, the seller will inform you of the delivery deadline.

    5.  Services” refers to non-physical offerings/listings that are being delivered by the seller to the buyer on the getlion™️ Marketplace. They are tied to skills and expertise, and rely on the abilities of the seller to fulfil the order (E.g. graphic design, app development, electrician or builder).

    6.    Truzo” refers to Truzo (Pty) Ltd, the nominated payments partner of the getlion marketplace. See www.truzo.com.

    7.    Inspection Days” – the number of days, as stipulated on Truzo and defined when an order is placed, that a Buyer is afforded to review a Seller’s delivery before payment is released to the Seller. These are recognized as work days – Monday through Friday.

    8.    These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods & Services on the getlion Marketplace (“the Website”), and the general use of the Website.

    9.    This Policy must be read in conjunction with the getlion Product Listing Policy.

    10. This Policy must be read in conjunction with the getlion User Agreement, which refers the data processing of personal information by getlion™️ and any third-parties, such as in this instance, Truzo.

    11. Users must also draw their attention to the Terms and Conditions of Truzo (Pty) Ltd – the nominated payment partner of the getlion Marketplace – when registering for Truzo’s service and when facilitating payments/providing banking information to Truzo.

    12. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register/login” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

    13. The Website enables Sellers (“Third-Party Sellers”, “Vendors”, “getlion app Users”) to list and sell their Products and Services on the Website. This Website also enables Buyers (General members of the public, or Vendors/Users/other Sellers) to shop online for an extensive range of products & services.

  • 2. Important Notice

    1.    These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

    2.    Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

    3.    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

    1.    may limit the risk or liability of getlion or a third party; and/or

    2.    may create risk or liability for the user; and/or

    3.    may compel the user to indemnify getlion or a third party; and/or

    4.    serves as an acknowledgement, by the user, of a fact.

    4.    If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask getlion to explain it to you before you accept the Terms and Conditions or continue using the Website.

    5.    Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or getlion in terms of the CPA.

    6.    Getlion permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

  • 3. Registration and Use of the website

    Buyers and Sellers are required to register on the Website in order to utilize its functionality as intended by getlion. Only registered buyers may order Products or Services on the Website.

     

    1.    Only registered Sellers (getlion mobile app users who register as vendors) may sell products or services on the Website.

    2.    To register as a buyer, you must provide a unique username and password and provide certain information and personal details to getlion. Registration is free. You will need to use your unique username and password to access the Website in order to purchase Products or Services. You will also need to register with Truzo, and be verified by their service, to successfully make payment for your order through the Website.

    3.    To register as a seller, you must follow the steps outlined on the getlion mobile application and Marketplace Website, as well as provide certain information and personal details to getlion. Registration is free. On registering as a seller, you will be required to register with and be verified by Truzo, to successfully accept payments for any order received through the Website.

     

    4.    You agree that the details provided in registering your account are accurate and true, and you have the right to utilize these details in your registration.

    5.    In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

    6.    You agree and warrant that your username and password shall:

    ·      be used for personal use only; and

    ·      not be disclosed by you to any third party.

    7.    For security purposes you agree to enter the correct username and password whenever ordering Products & Services, failing which you will be denied access.

    8.    You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of any orders placed by your account, save where the order is cancelled by you or rejected by a seller in accordance with these Terms and Conditions.]

     

    9.    You agree to notify getlion immediately upon becoming aware of, or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm

    10. You represent and warrant that you will use the website in good faith and in compliance with all applicable laws and regulations including laws related to anti-money laundering,

    11. You will not use the Transaction Services to defraud Getlion, our affiliates, Third Parties or other members or users of the Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law)

    12. By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. We recommend that your parent or legal guardian provide their details in order for you to access the website. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

     

    13. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized getlion representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct Internet users to this website).

    14. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

    15. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Getlion representative.

  • 4. Transaction/Order

    1.    Process:

    ·      Buyer places an order on the Marketplace, thereby creating a transaction.

    ·      This transaction is created on Truzo and Seller is notified of transaction and is prompted to approve the order, or not, notwithstanding their stock levels, availability or ability to meet the deadline.  

    ·      If accepted and approved, buyer is then prompted to pay for the transaction using their chosen payment method (as selected on checkout via the Marketplace). This step is known as “funding the transaction” and entails the buyer making the payment to Truzo.

    ·      Seller is then notified that buyer has funded the transaction.

    ·      The Seller is then required to deliver the product or service by the agreed deadline. If a product, Seller is required to notify the Buyer when their order is en route via the appointed delivery service, and when it has been delivered. If a service, the Seller is required to notify the Buyer when this has been concluded. Delivery notification is made via Truzo.

    ·      Once the Buyer is notified that delivery has been made, they are required to review the product/services within the number of “inspection” days as defined on placement of the initial order.

    ·      If the Buyer rejects the product/service via Truzo, the Seller will be required to rectify the delivery within the terms agreed upon on placement of the order.

    ·      If the Buyer accepts the product/service via Truzo, the Seller is notified of such, and the payment (less the Marketplace platform fee) is released to the Seller’s Truzo Wallet.

    ·      The Buyer is then prompted to review the Seller’s performance on the Marketplace.

     

    2.    Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online on the Website.  Only once payment is made by the buyer, the order is formally created. Both parties receive formal notification of the order via the Website and/or Truzo.

    3.    The Seller and Buyer shall themselves be responsible for ensuring that they have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order, including but not limited to the pricing, quantity, specifications, quality standards, shipping costs and delivery date, inspection days, save that, and except to the extent prohibited by applicable law.

    4.    Buyers can only place an order with a single seller, per transaction.

    5.    Each Online Transaction is made by and between a Seller and a Buyer only.  Despite this, getlion is responsible for the Transaction Services, earns a platform fee relative to the value of a completed transaction and, if applicable, may conduct formality review(s) of an Online Transaction. However, getlion shall not be considered as a party to the Online Transaction. Getlion does not represent the Seller nor the Buyer in any Online Transaction. Getlion will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction; or the ability of either Seller or Buyer to complete any Online Transaction (except to the extent prohibited by applicable law).  You agree that you will not hold getlion and their affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

    6.    The Sale formed on payment of your order for Goods and Services that are for sale by a Third-Party Seller is therefore solely between the registered user and such Third-Party Seller. Getlion is not a party to that sale. The Third-Party Seller is solely responsible for fulfilment of delivery of the Goods and services. The Third-Party Seller is also responsible to provide an invoice to the registered user if required, in addition to what is automatically generated by the Marketplace.

    7.    Getlion may refuse to process or cancel, without liability for any losses or damages arising out of or in connection with such refusal or cancellation, any Online Transaction which in getlion’s reasonable opinion, has insufficient information to constitute a binding contract or is believed to be prohibited by applicable law. 

    8.    An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms.  Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement.  Seller or Buyer may only cancel an Online Transaction in accordance with the relevant Transactional Terms and/or based on Terms and Conditions of the Seller/Third Party relative to cancellation, returns and refunds policies set by the Seller, or agreed per the transaction.

    9.    For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the getlion website or services of getlion (Truzo) unless another option is made available directly by getlion on the Website.  Please refer to Truzo payments terms and conditions and see clause 6 & 7.

    10. Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller upfront.

    11. By using the Website, you acknowledge and agree that getlion is not a bank and the getlion service should in no way be construed as the provision of banking services.  Getlion is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for via the Website.  Whilst getlion endeavours to verify all users on the Website, both internally, and externally via Truzo, getlion does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the Websites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the getlion Services. 

    12. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc.  Some of such third-party vendors may be partners of getlion and thus designated by getlion to you.  Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within their website. Notwithstanding the foregoing, for all third-party vendors, you acknowledge and agree that such third-party vendors are engaged at your own discretion and cost and that you will not hold getlion and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third-party vendors. You shall ensure that the third parties comply with the Terms and Conditions as described in this document.

    13. For any type of Online Transactions, getlion may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms.

    14. Neither getlion nor Truzo has any control over, and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. In the event of an incomplete transaction due to Buyer or Seller reneging on their responsibilities, either party can cancel the transaction by clicking DISPUTE on Truzo – and the Buyer will be refunded their payment (excl. the Buyer fee – see clause 10 and 13 below.

    15. You expressly acknowledge and agree that getlion shall have the full power, authority and discretion to reject or cancel an Online Transaction without any liability for any losses or damages arising out of or in connection with such refusal or cancellation and to make a determination on any dispute between Buyer and Seller including the remittance of the funds under an online transaction that are held by Truzo as instructed by getlion in accordance with this Agreement, the Truzo Terms and Conditions, and the relevant Transactional Terms.  You also acknowledge that this Agreement, the Truzo Agreement, and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction.  You agree and accept that getlion shall have the right to modify or supplement the Transactional Terms at any time (of which you will be accordingly notified), except to the extent prohibited by applicable law.  You further agree and accept that getlion shall have the right to make determinations wherever getlion considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement, except to the extent prohibited by applicable law.

    16. Getlion is not obliged to facilitate any disputes, returns or refunds between buyer and third-party seller. As such, any disputes must be resolved between you and the relevant Third-Party Seller alone per the refund process defined in clause 13. You agree that any Dispute arising between parties to an Online Transaction will be handled in accordance with clause 14.

    17. Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third-Party Sellers who are registered VAT vendors may charge VAT on Goods or Services sold and issue a tax invoice in respect thereof. If a Third-Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods or Services sold and will not be in a position to issue a tax invoice in respect thereof.

  • 5. Payment

    1.    We are committed to providing secure online payment facilities through
    © 2021 Truzo (Pty) Ltd (2016/390144/07), a Juristic Representative under Envisionit Capital Solutions (2010/004986/07) FSP 43556.

    2.    All transactions are encrypted using appropriate encryption technology. Kindly also refer to the terms and conditions available on Truzo (Pty) Ltd’s website.

    3.    Buyers can make payment using Credit Cards, Traditional EFT or Instant EFT. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that getlion has the right to refund the money so requested by the payment service partner without liability to Seller.  Getlion will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners.  However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.

    4.    When Products or Services are for sale a Seller, and a buyer places an order via the website, payment can be made using Truzo. Upon initial registration to the getlion Marketplace, users are required to register with Truzo in order to make and receive payments via the website. By proceeding with registration, users thereby agree to their Terms and Conditions and Privacy Policy (governing the processing of user data). Please refer to Truzo.com during this registration process, and prior to concluding a transaction.

    5.    Kindly also refer to the privacy policy on Truzo (Pty) Ltd’s website in respect of the processing of your personal banking information.

  • 6. Truzo (Pty) Ltd – Safe and Secure Escrow

    1.    Escrow is a simple, financial arrangement where a licensed third party securely holds the funds of a transaction on behalf of a buyer and seller, and only releases payment when both parties deliver on their end of the deal.

    2.    Once the buyer places an order with a seller on the getlion website, the Buyer and Seller manage the transaction to its fulfilment/completion on the Truzo platform. This is accessible via truzo.com, and directly through the Marketplace dashboard once logged in.

    3.    Process:

    1. A buyer agrees to purchase something from a Seller by placing an order online.

    2. The Buyer is prompted to pay the agreed purchase price into a secure bank account operated by the escrow provider (Truzo). The Seller is notified of the payment.

    3. The Seller is then obligated to the deliver the agreed product or service by the agreed deadline.

    4. Once delivered, the Buyer reviews the order within a set time frame (known as number of inspection days per Truzo) and then accepts/rejects the product/service. The inspection days, as defined prior to placement of the order, outline the time period in which the Buyer must communicate their satisfaction (or not) with the delivery and request revisions (if permitted). If the buyer does not respond within this period, the Order will be considered completed and payment automatically released to the Seller by Truzo.

    5. If accepted, the Seller is paid the value of the order total, less the website platform fee.

  • 7. Fees & Charges

    1.    Getlion charges service fees for Online Transactions according to the fee schedules announced by getlion on the website.  Getlion reserves the right to charge any service fees for other types of Online Transactions upon prior notification published on the Sites. 

     

    ·      Seller Fees: Sellers incur a 9.95% fee, per sale, calculated against the gross value of the order placed by a buyer. This fee covers the use of the platform, payment protection and buyer verification (noting select functions fulfilled by Truzo).

    ·      Buyer Fees: The buyer incurs a 3.40% (ex VAT) “Administration and Payment Protection Fee”, which is added total value of their order placed by the Buyer. This is calculated on the gross value of their order and added to their total prior to payment. The fee covers 1) buyers payment is protected using Escrow (from Truzo™️) 2) processing of the buyers chosen payment method, and 3) it helps us operate our platform and offer ongoing support for your order. NOTE: In the event of a refund, this fee is non-refundable. Please see clause 13 below.

    ·      Example:

    1.    A Buyer places a R100 order with a Seller.

    2.    The Buyer Fee (plus VAT) is added to the value of the transaction, taking the total to R103.91.

    3.    If the order is accepted by the Seller, the Buyer makes payment for the total R103.91.

    4.    The Buyer Fee is then reserved, leaving R100 available.

    5.    The Seller then commences with delivery the order. Once delivered, the Buyer will review the delivery.

    6.    If approved, the seller will be paid remaining value LESS the Seller Fee, R100 – 9.95% = R90.05.

     

    2.    Third-Party Fees Not Included. The service fees charged by getlion do not include any fees (including all taxes) for any service or product that you may acquire or purchase in connection with the Online Transaction – e.g., shipping or insurance. It shall be your responsibility to settle the fees with Sellers and Third-Party Vendors where applicable.

    3.    Taxes and Financial Charges are not included. All fees charged by getlion are exclusive of any taxes (such as VAT), duties or other governmental levies or any financial charges.   You agree to pay and be responsible for any such taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event getlion is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to getlion.  You will also be liable for any financial charges for remission of funds to you, and getlion shall have the right to pay such charges from such funds.  Getlion and Truzo shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges.

  • 8. Buyers’ Responsibilities

    1.    The Buyer agrees to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and getlion’s provision of the Transaction Services.  If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, getlion shall not be liable for any losses or damages arising from such default, delay, cancellation or disposal.

    2.    The Buyer agrees to pay for (i.e. “fund”) their order in advance using Truzo (see clause 6 & 7)

    3.    Upon notification that their order has been delivered, the Buyer is obliged to respond in a timeous manner within the inspection period as defined on placement of the order, to approve or deny the delivery based on objective reasoning for which the delivery has failed to meet the buyer’s expectations.

    4.    For all transactions concluded on the website or the mobile applications relating thereto, all risks of damage and loss of products purchased by a Buyer under a transaction will be borne solely by the Buyer upon delivery of the order.

    5.    Buyers are responsible for understanding the Seller’s Shipping, Exchange/Return and Refund policies/terms PRIOR to placing an order on the website. If these are not readily available on the Seller’s page, the Buyer must request this from the Seller via the in-site messenger (Inquiry/Inbox) facility, prior to placing an order. Getlion or Truzo is in no way liable for the cost or fulfilment of these functions.

    6.    Sellers are responsible for obtaining the relevant industry and performance/proficiency certifications, including insurance, required by law or industry standards, to adequately performance the services or deliver the goods that they elect to list on the website. Whilst getlion performs limited company verification of each seller, and Truzo performs full FICA verification of the seller, neither getlion nor Truzo verify the ability of the seller to deliver on the products/services that they choose to list for sale on the website. It remains the sole responsibility of the Buyer to request relevant certifications, compliance or policies needed to establish reasonable competency to perform their duties as listed on the Website. We also recommend requesting a review of the Sellers portfolio of work.

    7.    Shipping: Buyers who purchase products that require physical delivery, will be asked to provide a shipping address on checkout. All deliveries of goods and rendering of services is undertaken and is the responsibility of the Seller, not getlion. The Sellers obligation to deliver a product to you is fulfilled when the products or service is delivered to the physical address nominated by you for delivery of the order. Getlion and the Third Party provider is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

  • 9. Sellers’ Responsilbities

    1.    Sellers must list items on the website to allow Buyers to purchase their products/services.

    2.    Sellers must have the legitimate right and authorization to sell or distribute using the website and such products or services do not infringe any third party’s rights.

    3.    Sellers must list items accurately and the products or services must meet the agreed descriptions and requirements when listed. Listings must comply with the Product Policy of the Marketplace.

    4.    Sellers must agree to maintain accurate and up-to-date listings of their products and services, with specific regard to stock numbers and availability to fulfil a buyer’s order. Failure to do so may leave the seller liable to compensate the buyer should any financial loss arise in the placement of the order. See clause 13.

    5.    Sellers must provide any products or services ordered with reasonable care and skill.

    6.    Sellers may also offer Custom Offers to Buyers in addition to their standard listings.

    7.    Sellers are solely responsible for defining and publishing their shipping, refund and returns policies prior to selling on the site and accepting an order from a buyer. These policies must align with the proposed process of the Marketplace and updated accordingly.

    8.    Each order successfully completed by the seller, entitles them to 90.05% of the purchase amount.

    9.    Sellers receive payment only once an order is completed – i.e., the Buyer has approved the delivery of their order via the Truzo platform.

    10. Sellers must fulfil their orders, and may not cancel orders on a regular basis or without cause. 

    11. The Seller’s rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.

    12. For security concerns, getlion may temporarily disable a Seller’s ability to operate their page/store on suspicion of fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users.

    13. Once the seller has received an order via the website, they are solely responsible for the completion/fulfilment of the order with the defined delivery period. Getlion or Truzo are not responsible for any aspect of delivery, be it a product or service.

    14. Sellers are responsible for obtaining the relevant industry and performance certifications, and insurance policies, required under law or per industry standards, associated with the performance of their services or delivery of their goods as listed on the website. Getlion or Truzo do not verify the certifications/ability of the seller to deliver on the items that they list for sale on the website.

    15. Sellers are responsible for ensuring the safety of the products/services they deliver, including digital items. Users are responsible for scanning all transferred files for viruses and malware.

    16. Getlion will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

    17. Custom Offers: Sellers can send custom offers or quotes to the buyer, addressing specific requirements of a Buyer. These offers are defined by the Seller with the exact description of the product/service, the price and the time expected to deliver the service. Custom Offers are sent via the in-site messenger (a.k.a Inbox/Inquiry) facility and can be added to the cart before placing the order.

    18. Shipping: Sellers that list physical products are solely responsible for the shipping and delivery arrangements of physical products to the buyer. This must include the price of shipping. Getlion does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. Sellers are encouraged to provide their buyer with a tracking number, once available, to avoid disputes related to shipping.

    19. Sellers acknowledge that they have their own data protection and privacy compliance responsibilities with respect to personal information of Buyers or other individuals that the Seller processes. Sellers represent and warrant, and undertake to getlion to ensure, that in relation to such personal information they are and will be fully compliant with all applicable data protection and privacy laws, including without limitation maintaining their own records of such personal information independently of the platform (to the extent required under applicable laws), complying with direct marketing laws, and responding to requests by individuals to exercise their rights under such laws. Neither getlion nor any of its affiliates is responsible or liable for a Seller’s fulfilment of their obligations under applicable data protection and privacy laws. For the avoidance of doubt, in relation to such personal information the liability and obligations of Alibaba.com and its affiliates under applicable data protection and privacy laws are entirely independent of and separate from the liability and obligations of Sellers under such laws. Getlion shall have no liability to any Sellers for the compliance, by getlion or its affiliates, with its or their own obligations under applicable data protection or privacy laws, including without limitation in relation to the exercise by Buyers or other individuals of their rights regarding their personal information processed in connection with any services and products provided by getlion

  • 10. Conclusion of sales and availability of stock

    1.    Registered Buyers may place orders for Products or Services, which are formally recognised once payment has been made by the buyer. The Seller may accept or reject this order based on their ability to deliver, availability of Products/Services, correctness of the information relating to the listing (including without limitation the price) and prior to notification that payment has been made by the buyer.

    2.    The Seller will indicate approval of the order via the Website, email and ultimately through Truzo.com. Once the buyer makes payment, the order is formally recognized. Once the Buyer takes delivery/collects the Product/Service, the Seller is recognized as having fulfilled their obligations (subject to revisions outlined beforehand).  The buyer will review and approve the delivery, whereafter payment will be transferred from Truzo to the Seller’s account. Once the seller receives payment in their account, this will be deemed a concluded agreement of sale between you and the Seller (via the Website) come into effect (the “Sale”). This is regardless of any communication from getlion or the Seller stating that your order or payment has been confirmed. The Seller will indicate the rejection of your order (via the Website or the Seller) by cancelling it and, as soon as possible thereafter, both parties will need to follow the refund process outlined in clause 13.

    3.    After delivery of the goods or the service, the Buyer may return the products only in accordance with the Returns Policy of the third-party Seller, outlined on their store page. In the event of sub-optimal service delivery or defective results within the agreed guarantees, warranties and/or performance obligations, you may request a refund in accordance with the Returns & Refunds Policy of the Seller, and follow the due process recommended on the Marketplace – ultimately DISPUTING the transaction on Truzo.

    4.    Placing Products or Services in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such, and as such, items may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold getlion nor the Seller liable if such items are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

    5.    You acknowledge that stock/availability of all products/services on offer is limited and that pricing may change at any time without notice to you. 

    6.    In the case of Products or Services for sale by a Seller, getlion relies on inventory & capacity information supplied by the relevant Seller and getlion accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Products from a Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Seller, your respective rights and obligations being as set out in these Terms and Conditions.

    7.    Certain Products & Services may not be purchased for re-sale. Should we suspect that any such items are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

  • 11. Shipping and Delivery

    Each seller maintains their own policy with respect to shipping. This includes but is not limited to: delivery timelines, charges, option for collection, courier partners, order tracking and damages. Kindly refer to the Seller’s shipping and delivery policy per their store vendor page. Getlion is not responsible for inaccuracies or failure in performance delivery on behalf of any seller. If the seller has not stipulated these policies on their store, it remains the onus of the Buyer to contact the Seller (through the CHAT or INQUIRY function) to confirm this policy and related fees, BEFORE placing an order.

     

    Sellers are provided a template of this policy document, but this should not be construed as legal advice or binding upon getlion. 

  • 12. Returns & Exchanges

    Each Seller is responsible for maintaining and implementing a return and exchange policy for their store/s. This includes, but is not limited to; whether they offer exchanges, qualifying criteria, exceptions, warranty, process and associated costs. Please refer to the Seller’s policy for more information about returning and/or exchanging products (and related replacements or repairs). Getlion is not responsible for the returns/exchanges offered by third party sellers of their products or services. Thus, getlion cannot be held liable for claims against return.

     

    To request an exchange, buyers are recommended to follow the following process:

    1) Contact the Seller before the end of the inspection period, and indicate that their wishes to exchange the purchase. They must provide a reason for the return. First, contact must be made via the Marketplace Chat feature on the Seller’s store page, or by submitting an inquiry, or by adding a note to your order. This will allow the Seller us to respond to your exchange request.

    2) Upon review, the Seller will confirm the approval or decline of the request and the reason thereof. If the request satisfies their store policy and they agree to exchange the item, they will respond to the Buyer via the Marketplace chat box, or by updating the notes on their order.

    3) The Buyer will be required to return the item in the state and manner outlined on the Seller’s policy document. In the event that the return is due to the Seller’s error, they should facilitate and pay for collection/exchange of the Buyer’s purchase. On receipt of the original product, the Seller will fulfill the exchange of the order.

     

    Sellers are provided a template of this policy document, but this should not be construed as legal advice or binding upon getlion. 

  • 13. Cancellation & Refunds

    1.    Please NOTE: In the event of a refund, Buyers must follow the refund process as prescribed on Truzo.com and in point 13 (12) below.

    2.    Once the Buyer makes payment for the order, the transaction is formalized and the Seller is obliged to deliver by the agreed deadline.

    3.    A Buyer may cancel an order without consequence, provided this is done BEFORE they make payment for the order – and can be done directly via Truzo, the Website or via the in-site messenger/Inbox. See clause 13 (12) below.

    4.    If a transaction is cancelled (for any reason) after payment has been made, and the refund is initiated, the funds will be returned to the Buyer’s Truzo wallet, less the value of the Administration an Payment Protection Fee. The Buyer’s “Administration and Payment Protection Fee” incurred on placement of their order, equal to 3.40% (ex VAT), is NON-REFUNDABLE.

    5.    If the Buyer requests to cancel the order after payment has been made – and the Seller has already commenced delivery (e.g., work/production/shipping has begun) – it remains at the Seller’s discretion to approve the cancellation and initiate the refund.

    6.    THE FOLLOWING EXCEPTIONS APPLY to clause 13 (5) whereby the cancellation/refund request is due to error/fault of the Seller:

    1.    In the event that the Seller fails to ship/transfer/deliver the goods/services within the specified time period upon which the Buyer and Seller have mutually agreed,

    2.    The Seller is at fault/error with respect to the delivery or has delivered sub-standard to what was advertised,

    3.    The Seller has approved the order IN ERROR, but the Seller is unable to fulfill the order based on stock availability, or an inability to deliver the service that was ordered.

    7.    In the above scenarios (13(6)) – as the responsibility falls on the Seller to maintain accurate listings, fulfill orders to the standards and timelines advertised/agreed, and only approve orders that they can deliver on – if the parties are unable to reach agreement on a revised delivery date/order specification that the Buyer approves of, then the Seller will be required to initiate the refund and reimburse the Buyer the full value of the Administration and Payment Protection Fee, either by direct payment to the Buyer, or via issuing a credit for a future purchase from the Seller’s store, in the form of a discount/coupon code equivalent to the full value of the Administration and Payment Protection Fee. The option of reimbursement is at the discretion of the Seller.

    8.    In the instance that the Seller is unable to reimburse the Buyer or offer them a credit (e.g., the Seller’s business has closed down, the product is indefinitely unavailable, or the Seller is indefinitely unable to render a service) then the Buyer may approach getlion and/or Truzo for assistance. Neither party guarantees 100% reimbursement of the fee but endeavors to assist the Buyer where possible.

    9.    Should the buyer and seller be unable to reach a resolution, they will be required to follow the dispute resolution policy per clause 14.

    10. If the refund is approved, the Buyer will have the option to either withdraw the funds from their Truzo Waller or allocate/fund another transaction with the same/different seller.

    11. In the event of a cancellation after the funds have been received, or rejection of goods and/or services, getlion will not receive any fees unless otherwise stipulated in the Escrow Agreement.

    12. To cancel an order and request a refund, parties are recommended to follow the following process:  

    1.    Parties ought to contact one another and indicate the intention to  cancel the order and be refunded. A reason must be provided for the request. This contact can be via the Marketplace Chat facility on the Seller’s store page, by submitting an inquiry, or by adding a note to your order. Making contact will allow the Seller to review the refund request.  If the request satisfies their refund policy and they agree to cancel, proceed to step 2. 

    2.    Request a refund on Truzo™️.

     

     Login to Truzo via your account dashboard and select the transaction you wish to refund. 

     Click “Transaction History” -> “Transaction Status” and click DISPUTE TRANSACTION.

     Indicate the reason for the dispute, the required course of action = REFUND and then SUBMIT DISPUTE. 

    – Both parties will be notified of request and prompted to approve

    3.    Your refund will be paid to your Truzo wallet within 48hours, whereafter you can return this to your bank account OR hold your Truzo balance for a future purchase. In accordance with getlion’s Terms & Conditions, your refund will be LESS the value of the Buyer Protection and Administration Fee of 3.40% (ex VAT).

     

    All refund requests must be made before the end of the INSPECTION PERIOD stipulated on your order. If a buyer fails to request a refund before the end of the inspection period, payment for the order will be automatically released to the Seller by Truzo™ and it then remains at the Seller’s discretion to process the request outside of the getlion™ Marketplace thereafter.

     

    Per clause 13 (7) above, if the cancellation is due to Seller error or inability to deliver post-acceptance and subsequent payment by the Buyer, the Seller) is required to issue the Buyer a STORE CREDIT in the form of a unique coupon code, equal in value to the Payment Protection and Admin Fee deducted.

     

    Sellers are provided a template of this policy document, but this should not be construed as legal advice or binding upon getlion. 

  • 14. Dispute Resolution

    1.    We encourage Buyers and Sellers to first attempt to settle conflicts amongst themselves. Firstly, both parties must consider extending the delivery deadline. Secondly, both parties must consider reasonable modifications to the order. Thirdly, an order must be formally cancelled by the Buyer or Seller.

    2.    In this event that a Buyer and Seller are unable to resolve a dispute regarding their transaction specifically in relation to payment, resolution will be governed by process outlined by Truzo. Please refer to points 10, 11 and 17 of the terms and conditions on truzo.com,

    3.    In case of any dispute in connection with an Online Transaction, the records of getlion (emails/inbox messages/inquiries and other formal communicae on our platform) shall take precedence and be conclusive, except to the extent prohibited by applicable law.

    4.    Getlion shall have the full right and power to make a determination for such Dispute or to delegate or sub-contract such power to another party.  Upon receipt of a Dispute, getlion shall have the right to request either or both of Buyer and Seller to provide supporting documents.  You agree that getlion shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that getlion is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate.  You agree not to hold getlion and our affiliates liable for any material which is untrue or misleading. You agree to release and indemnify getlion (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute.

    5.    Should a Buyer and/or Seller not be satisfied with the outcome of the internal dispute resolution, the Seller and/or the Buyer shall be entitled to seek external dispute resolution forums.

  • 15. Reviews & Feedback

    Once a sale has been successfully completed (the Seller has been paid), Buyers will have the opportunity to review the Seller’s delivery (be it a product or service). The Website’s review system serves as a credibility and trust reference for future buyers and should accordingly be treated as such. Users shall not take any action which may undermine the integrity of the Website’s feedback system, such as providing positive feedback on oneself on the Sites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Sites. This feedback ought to be an accurate reflection of the Seller’s performance and constructive in nature. getlion will not tolerate defamatory language about the seller, or comments that unjustifiably undermine the Seller. Only buyers that have completed a transaction will be enabled to submit a review of the Seller’s store. 

  • 16. Gift Vouchers & Coupons

    1.    Getlion and Sellers may from time to time make electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Goods and Services. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended.

    2.    In each case, if your Voucher has not been used within that period, it will expire. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.

    3.    Getlion or Sellers providers are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you, your account, or the email address nominated by you.

    4.    There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

    5.    Coupons are issued in getlion’s and a Seller’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

    6.    Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. getlion and Third Party providers are not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

    7.    If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact the getlion customer care or the Third Party.  If it is confirmed that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.

    8.    You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by getlion or the Third Party provider, before you are able to use a Coupon.

    9.    As a general rule, and unless specified otherwise on the specific Coupon itself:

    ·      Coupon’s issue by Seller’s can only be used on the Seller’s store and don’t apply to the broader Marketplace.

    ·      each Coupon can only be used once;

    ·      only one Coupon can be used per order;

    ·      only one Coupon can be used on the Website per person per promotion/campaign;

    ·      Percentage Coupons may only be redeemed on purchases with a specified cart value.

    ·      where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;

    ·      a Coupon must be used at check-out – it cannot be used later on existing orders; and

    ·      the value of the Coupon will be set off against the value of your shopping basket and the balance remaining.

  • 17. Deals and Discounted listings

    1.    From time to time, certain Products and Services may be offered at discounted/sale prices as part of a Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product or service (the “Deal Price”).

    2.    However, if you buy a product or service in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product or service that falls outside the scope of the Deal.

    3.    For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.

    4.    Deals of the Day:

    ·      At our discretion and or the discretion of Sellers, Deals of the Day (“Deals”) are available daily from 12am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Todays Deals may have a stock or capacity limit and may expire earlier if this runs out.

    ·      Specific savings are not guaranteed. The extent of the Todays Deal or discount is at the sole discretion of getlion and or the Third Party.

    ·      Adding a “Todays Deal” to your cart or completing your order for a Todays Deal without paying for it, does not reserve the item for you. getlion and or the Seller must receive payment for the order (i.e. the order must be “funded”) to the Truzo account for a Todays Deal, otherwise you may forfeit your order. As such, Stock/Capacity will be reserved for customers in the order in payment is received. Therefore if you pay via EFT, you might not get your item because the Escrow account may only receive payment from you a few days later, and in the meantime the Todays Deal might sell out to customers paying immediately.

  • 18. Errors

    1.  Getlion and Sellers shall take all reasonable efforts to accurately reflect the description, availability and purchase price of the Goods and Services on the Website. However, should there be any errors of whatsoever nature on the Website, Getlion nor the Third Party Provider shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

    2.    Getlion shall not be bound by any incorrect information regarding Goods or Service displayed on any third party websites or by and Third Party on getlions website.

  • 19. Privacy

    In this regard, we refer you to our User Agreement, which is available and accessible on our website.

    We respect your privacy and will take reasonable measures to protect it, as more fully detailed below. Should you decide to register as a user on the Website, we may require you to provide us with personal information as detailed in our User Agreement. The User Agreement sets out the personal information being processed, as well as the purpose for the processing of such information. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information. It is vital that you provide us with the updated personal information to ensure that Online Transactions are made with the most accurate information at hand. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

     

    We will not, without your express consent;

     

    1) use your personal information for any purpose other than as set out below:

    ·      in relation to the ordering, sale and delivery of Goods and Services;

    ·      to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

    ·      to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

    ·      to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

    2.    disclose your personal information to any third party other than as set out below:

    ·      to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods and services or when delivering Goods and Services to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

    ·      to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

    ·      to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

    ·      to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

    ·      to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).

    3.    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, getlion is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

    4.    We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

    5.    Ratings and Reviews: When you provide a rating or review of a Product or Service, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name or Business Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

    6.    We will –

    ·      treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

    ·      take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

    ·      provide you with access to your personal information to view and/or update personal details;

    ·      promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

    ·      provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

    ·      upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

    7.    We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

    8.    Getlion undertakes never to sell or make your personal information available to any third party other than as provided for in this policy and the User Agreement.

    9.    Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

    10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Getlion, GETLION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because getlion does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

    11. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.

    12. Confidential Obligations.  All information and material provided by another member of the Sites or by getlion or any of its affiliates will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations. You shall keep confidential all confidential information provided by other members of the Sites or by getlion or any of its affiliates in connection with any Online Transaction or the website.

  • 20. Disclaimer and Limitation of Liability

    You expressly agree that your use of our services/website is at your sole risk.  To the full extent permitted by law the transaction services are provided on the “as is”, “as available” and “with all faults” bases, and getlion makes no representation or warranty that the services will be uninterrupted, timely or error free.   Getlion makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the information provided by any member of the getlion sites.  You will be solely responsible for all consequences resulting from your own judgement and decision to use or otherwise rely on such information. 

     

    Whilst getlion takes reasonable measures to ensure that the content of the Website is accurate and complete, getlion makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by getlion’s representatives, getlion shall not be bound thereby. Getlion cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of getlion, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

     

    Although Products or Services sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law. Getlion and our affiliates further expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement even if advised of the possibility of such damages or if such possibility was reasonably foreseeable.  All such warranties, representations, conditions, undertakings and terms are hereby disclaimed and excluded.

     

    Getlion shall not be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities or loss of data, whether in contract, negligence, tort, equity or otherwise, arising from the use of or inability to use the service.  The aggregate liability of getlion and our affiliates and agents including but not limited to getlion arising from the transaction services in connection with any online transaction shall not exceed the higher of the service fees charged by getlion. Some or all of these limitations or exclusions may not apply to you if your country does not allow the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you.  You may also have other rights under your country which may vary. Nothing in this agreement is intended to affect those rights if they are applicable to you.

     

    You agree to indemnify getlion and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the website/service if at no fault of getlion or from your own breach of this Agreement, except to the extent prohibited by applicable law.  Getlion reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with getlion in asserting any available defenses.

     

    In addition to the disclaimers contained elsewhere in these Terms and Conditions, getlion also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of getlion, its employees, agents or authorised representatives. Getlion thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

  • 21. Force Majeure

    Under no circumstances shall getlion, our affiliates and/or agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

  • 22. Changes to these Terms and Conditions

    1.    Getlion may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

    2.    Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

  • 23. Electronic Communications

    1.    When you visit the Website or send emails to us or third parties, you consent to receiving communications from us or any of our third parties, divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 19 above.

    2.    However, should you wish to opt out of receiving such information, you may do so by clicking “unsubscribe”.

  • 1.  The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of getlion, its advertisers and/or sponsors and/or is licensed to getlion.

    2.    You will not acquire any right, title or interest in or to the Website or the Website Content.

    3.    Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

    4.    Where any of the Website Content has been licensed to getlion or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

  • 25. Linking to third-party websites

    1.    This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and getlion is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

    2.    Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

  • 26. Availability and termination

    1.    We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

    2.    Getlion may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that getlion will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

    3.    If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods or Services, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

    4.    Getlion is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by getlion to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and getlion or Third Parties, in whole or in part, on notice to you. getlion accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

    5.    At any time, you can choose to stop using the Website, with or without notice to getlion.

    6.    If you are, in getlion’s opinion, not acting in good faith, abusing the Transaction Services, or otherwise acting in breach of this Agreement, getlion shall have the right, except to the extent prohibited by applicable law, to cancel the relevant Online Transaction(s) at any time without any liability for any losses or damages arising out of or in connection with such cancellation.  Except to the extent prohibited by applicable law, getlion also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Sites.  Getlion also reserves the right to, except to the extent prohibited by applicable law, (i) temporarily suspend the transaction functionalities of your account with getlion for a prescribed period determined by getlion, or permanently terminate the use of your getlion account and/or (ii) authorize Truzo to temporarily suspend the transaction functionalities of your Truzo account for a prescribed period determined by getlion, or permanently terminate the use of your getlion and or Truzo account without any liability for any losses or damages arising out of or in connection with such suspension or termination.  Getlion may also publish the findings, penalties and other records regarding the breaches on the Sites.

  • 27. Governing law and jurisdiction

    1.    These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

    2.    In the event of any dispute arising between you and Getlion or you and a Third Party, you hereby consent to the non-exclusive jurisdiction of the applicable Magistrates or the Johannesburg Court of the Republic of South Africa (Johannesburg division). The jurisdiction of the Court in which action or proceedings may be instituted will depend on the quantum of the claim being instituted in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

    3.    Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

  • 28. Notices

    1.    Getlion hereby selects the Rocket Room, Investment Park, Block C, 10th Road, Hyde Park, Sandton, Gauteng,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Getlion may change this address from time to time by updating these Terms and Conditions.

    2.    You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving getlion not less than 7 days’ notice in writing.

    3.    Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

    1.    by hand will be deemed to have been received on the date of delivery;

    2.    by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

    3.    by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

  • 29. Complaints

    1.    Please direct all written complaints to our physical address as listed above. Please direct all electronic complaints to hello@getlion.co.za.

    2.    If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

  • 30. Information

    For the purposes of the ECT Act, getlion’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website (getlion.co.za) and mobile app.

    ·      Full name: Getlion (Pty) Ltd, a private company registered in South Africa with registration number  2020 / 189642 / 07

    ·      Main business: Business Incubator

    ·      Physical address for receipt of legal service (also postal and street address): Rocket Room, Investment Park, Block C, 10th Road, Hyde Park, Sandton, Gauteng, 2196(marked for attention: CEO and Legal)

    ·      Email address: marketplace@getlion.com

    ·      PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded.
    Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre

  • 31. General

    1.    Getlion may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

    2.    You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

    3.    Any failure on the part of you or getlion to enforce any right in terms hereof shall not constitute a waiver of that right.

    4.    If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

    5.    No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

    6.    No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

    7.    These Terms and Conditions contain the whole agreement between you and Getlion and no other warranty or undertaking is valid, unless contained in this document between the parties.

Main Menu