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Welcome to iHouzit.
iHouzit (Pty) Ltd is a business that operates an online market network platform, continuously improved, to serve the Sub-Saharan Households. We aim to enhance the collaboration, buying and selling between households and the businesses that provide goods and services to them. People could use the iHouzit Platform to:
• find inspiration with relevant content brought by the iHouzit community,
• contract with third-party service providers to serve their households and homes,
• purchase goods delivered as per their preferences, and
• join efforts on working together on “Improve-It-Forward” community schemes.
iHouzit mainly plays a role in marketing goods and services to consumers.
TERMS AND CONDITIONS
1. Introduction 2
2. Using the iHouzit Platform 3
3. Your Content 4
4. Our Content and Materials. 5
5. Offerings on the iHouzit Platform 6
6. Reporting Violations of Your Intellectual Property Rights, iHouzit Policies, or Applicable Laws. 7
7. Disclaimers and Limitations of Liability. 7
8. Indemnification. 9
9. Third-Party Sellers 11
10. Gift Vouchers & Coupons 11
11. Discounted Deals and other discounted Goods and/or Services 12
12. Payment 13
13. Delivery of Goods and/or Services 14
14. Errors 14
15. Returns, Exchanges and Refunds 14
17. Electronic communications 16
18. Review Policy 17
19. Acceptable Use Policy 17
20. Third-Party Seller Policy 18
21. Prohibited Goods Policy 19
22. Copyright and Trademark Policy 20
23. Availability and termination 21
24. Complaints 21
25. Dispute Resolution 21
26. Notices 22
27. Company Information and Contact Details 22
28. Miscellaneous 22
1.1. This website can be accessed at http://www.ihouzit.com. This website and all related websites, software applications, mobi-sites, progressive web apps, mobile applications, products and services offered by iHouzit, including our plug-ins and embedded content made available on other sites (collectively, the “iHouzit Platform”) is owned and operated by iHouzit (Pty) Ltd (“iHouzit”, “we”, “us” and “our”).
1.2. The iHouzit Platform enables you to browse, interact with iHouzit and Third-party Sellers, and shop online for an extensive range of Goods (or “products” or “items”) and Services such as, but not limited to: goods such as furniture, kitchenware, decorative items, gardening products, electronics, appliances, books, toys, pet supplies and other products for sale, and services such as architectural services, building and related services, designing, decorating, home improvements, renovations, maintenance, services by persons, access to interact with financial service providers and more. (“Goods and/or Services”).
1.3. These Terms and Conditions (“Terms and Conditions” or the “Terms” or the “Agreement”) set forth the binding legal agreement between every person that accesses or uses this iHouzit Platform (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user” or “registered customer” or “customer” or “consumer” or “Third-Party Supplier” or “supplier” or “professional” or “member”) and iHouzit (Pty) Ltd. By browsing and using the iHouzit Platform and by clicking on the “I Accept” button when registering as a user, or any similar buttons on the iHouzit Platform, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. These Terms and Conditions govern the use of the iHouzit Platform.
1.4. These Terms and Conditions provide important information to you, including your agreement to grant rights to your content, our limitation of liability to you, and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law.
1.5. We encourage you to review this Agreement carefully. iHouzit permits the use of this iHouzit Platform subject to the Terms and Conditions. By using this iHouzit Platform in any way, including browsing www.iHouzit.com, you shall be deemed to have accepted all the Terms and Conditions unconditionally. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask iHouzit by sending an e-mail to info@iHouzit.com to explain it to you before you accept the Terms and Conditions or continue using the iHouzit Platform. If you do not agree to any of the Terms and Conditions, you should stop using the iHouzit Platform.
1.6. iHouzit allows third-party sellers to list and sell their Goods and/or Services on the iHouzit Platform (each a “Third-Party Seller/s” or “third parties”). iHouzit will indicate, where applicable, on goods and services pages and checkout pages when goods and services are for sale by a Third-Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third-Party Sellers, and others only apply to purchases from iHouzit. These terms will be made clear in the relevant clause.
2. Using the iHouzit Platform
2.1. Who can use the iHouzit Platform: You must be at least the age of majority in the state or country where you live to use the iHouzit Platform. The iHouzit Platform is available to people over the age of 18 years, or where your parent or legal guardian provided consent to use the iHouzit Platform if you are between 13 and 18 years old. The use of the iHouzit Platform by anyone under 13 years of age is strictly prohibited.
2.2. By using the iHouzit Platform, 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 iHouzit Platform only with the involvement and supervision of your parent or legal guardian. 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.
2.3. The laws of South Africa govern this website and iHouzit (Pty) Ltd chooses as its domicilium et executandi for all purposes under this agreement, whether in respect of court processes, notice, or other documents or communication of whatsoever nature.
2.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 in South Africa (the “CPA”). When interpreting or applying this Act, a person, court or Tribunal or the Commission may consider (a) appropriate foreign and international law; (b) appropriate international conventions, declarations or protocols relating to consumer protection; and (c) any decision of a consumer court, ombud or arbitrator in terms of this Act, to the extent that such a decision has not been set aside, reversed or overruled by the High Court, the Supreme Court of Appeal or the Constitutional Court.
2.5. These Terms and Conditions apply to users for purposes of the Electronic Communications and Transactions Act 2002 (the “ECT”).
2.6. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.6.1. may limit the risk or liability of iHouzit or a third-party; and/or
2.6.2. may create risk or liability for the user; and/or
2.6.3. may compel the user to indemnify iHouzit or a third-party; and/or
2.6.4. serves as an acknowledgement, by the user, of a fact.
2.7. 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 iHouzit in terms of the CPA.
2.10. Profile for Third-Party Sellers. If you are selling Goods and Services and/or is a Professional Service Provider, you may set up a profile as a Third-Party Seller. If you do, you give us the right to list your profile in our directory of Third-Party Sellers, and you will be able to connect with others on the iHouzit Platform while identified by your Third-Party Seller profile. Your professional profile is subject to our Third-Party Seller Policy in Section 19.
2.11. Acceptable Use Policy. When using the iHouzit Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy in Section 18.
2.12. Prohibited Goods Policy. If you are a professional, a vendor, or a seller, who is authorised to offer products through the iHouzit Platform, you agree to abide by the Prohibited Goods Policy in Section 20.
2.13. Feedback. We welcome your feedback and suggestions about how to improve the iHouzit Platform. Feel free to submit feedback by sending us an e-mail to support@iHouzit.com. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
3. Your Content
3.1. Definition of Your Content. The iHouzit Platform enables you to post materials, including without limitation photos, profile pictures, messages, and commentary. You may also post reviews of third-party service sellers, third-party goods, or third-party services ("Reviews"). All materials that you post on the iHouzit Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the iHouzit Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.
3.2. License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by the applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
3.3. Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above and that no ownership of such copyrights is transferred to us under this agreement. Further, with respect to Your Content in the form of photos, and subject to iHouzit product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos (or “images” or “pictures”) or collections of photos (or “collections of images” or “collections of pictures”), except in each case for iHouzit Business Purposes. "iHouzit Business Purposes" means any use in connection with an iHouzit-branded or co-branded website, application, publication or service, or any method which advertises, markets or promotes the iHouzit Platform, the services or the information it contains, iHouzit, or its affiliates. iHouzit Business Purpose specifically includes the use of Your Content on the iHouzit Platform in connection with features and functions offered by iHouzit to our users that enable them to view and interact with Your Content.
3.4. Your Responsibilities for Your Content. By posting Your Content on the iHouzit Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner and includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that your content does not violate iHouzit's Acceptable Use Policy, Prohibited Goods Policy, or Copyright and Trademark Policy or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of Your Content.
3.5. Limits. We reserve the right to edit, abridge, or remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy or Prohibited Goods Policy, or Copyright and Trademark Policy). We reserve the right to edit, refuse to post or remove Your Content submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a Review, the requirements will be governed by our Review Policy.
4. Our Content and Materials.
4.1. Definition of Our Content and Materials. All intellectual property in or related to the iHouzit Platform (specifically including, but not limited to, our software, the iHouzit marks, the iHouzit logo, and iHouzit buttons, badges, and widgets, but excluding Your Content), is the property of iHouzit (Pty) Ltd, its subsidiaries and affiliates or its licensors ("Our Content and Materials").
4.3. No Endorsement or Verification. Please note that the iHouzit Platform enables access to third-party content, Goods and/or Services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the Goods and/or Services offered by third-parties or the descriptions of the Goods and/or Services offered by third-parties). For example, iHouzit does not conduct background checks or otherwise vet the professionals listed on the iHouzit Platform. Participation or availability on the iHouzit Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the iHouzit Platform by anyone.
4.4. Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit our Content and Materials without the express prior written consent of an authorised iHouzit representative. iHouzit’s permission to you for your use of the iHouzit Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, spider, other automatic device, or similar data gathering and extraction tools, or manual process to monitor, copy, distribute or modify the iHouzit Platform or the information contained herein, in your use of the iHouzit Platform. You may view and print a reasonable number of copies of web pages located on the iHouzit Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to iHouzit. Consent from an authorised iHouzit representative is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this iHouzit Platform.
4.5. Ownership. You acknowledge and agree that the iHouzit Platform and iHouzit marks will remain the property of iHouzit. The content, information and services made available on the iHouzit Platform are protected by South African and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights, title or interest in or to the iHouzit Platform or the iHouzit Platform Content. The contents of the iHouzit Platform, 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 iHouzit Platform (“iHouzit Platform Content”) are protected by law, including but not limited to copyright and trademark law. The iHouzit Platform Content is the property of iHouzit, its advertisers and/or sponsors and/or is licensed to iHouzit.
4.6. Copyright: Any use, distribution or reproduction of the iHouzit Platform Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any iHouzit Platform Content send us an e-mail at legal@iHouzit.com. Where any of the iHouzit Platform Content has been licensed to iHouzit 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.
4.7. iHouzit Buttons, Links and Widgets. You have permission to use the iHouzit buttons, links and widgets, including those made available at http://www.ihouzit.com, subject to these Terms and Conditions (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the iHouzit Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the iHouzit's Acceptable Use Policy or Prohibited Goods Policy.
5. Offerings on the iHouzit Platform
5.1. Purchase of goods through the iHouzit Platform: iHouzit and third-party sellers offer an extensive range of goods such as, but not limited to household goods, furniture, kitchenware, decorative items, gardening products, electronics, appliances, books, toys, pet supplies and other products for sale on the iHouzit Platform. If you purchase products on the iHouzit Platform, your purchase is subject to this Agreement. The availability of products sold by third-parties on the iHouzit Platform does not imply our endorsement or verification of the products or their descriptions.
5.2. Link Content Tool. If you are a user of the Link Content Tool, which enables you to link to content on the iHouzit Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
5.3. Third-Party Services. You may be provided the opportunity on the iHouzit Platform to purchase services that are offered by third parties such as architectural services, building and related services, designers, decorators, home improvement professionals, renovators, maintenance, services by persons, access to interact with financial service providers and more (collectively "Third-Party Services"), including those offered by professionals registered with Third-Party Seller Profiles on the iHouzit Platform. The availability of any Third-Party Services on the iHouzit Platform does not imply our endorsement of the Third-Party Services.
6. Reporting Violations of Your Intellectual Property Rights, iHouzit Policies, or Applicable Laws.
6.1. We have a special process for reporting violations of your intellectual property rights or other violations of iHouzit policies or applicable laws.
6.1.1. Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, please read our Copyright and Trademark Policy. Should you have any query in this regard, you could e-mail us at email@example.com.
6.1.2. Reports of Other Violations. If you believe content on the iHouzit Platform violates iHouzit's Acceptable Use Policy, Prohibited Goods Policy, or otherwise violates applicable law, e-mail us at firstname.lastname@example.org.
6.2. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavour to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
7. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF iHouzit ENTITIES TO YOU.
THE "iHouzit ENTITIES" MEANS iHOUZIT (PTY) LTD, ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
• WE ARE PROVIDING YOU THE iHOUZIT PLATFORM, FUNCTIONALITY, SERVICES, INFORMATION, PRODUCTS AND SERVICES, PRODUCT AND SERVICE DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE iHOUZIT ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
• THE iHOUZIT ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE iHOUZIT PLATFORM, (ii) THE PRODUCT AND SERVICES DESCRIPTIONS OR PRODUCTS AND SERVICES, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT AND/OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE, AND (v) THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION ON THE iHOUZIT PLATFORM.
• YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE iHOUZIT ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE iHOUZIT ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE iHOUZIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON ANY INFORMATION ON THE iHOUZIT PLATFORM OR PRODUCTS OR SERVICES. YOUR USE OF THE iHOUZIT PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
• ANY VIEWS OR STATEMENTS MADE OR EXPRESSED ON THE iHOUZIT PLATFORM ARE NOT NECESSARILY THE VIEWS OF THE iHOUZIT ENTITIES.
• THE iHOUZIT ENTITIES ALSO MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, THAT THE INFORMATION OR FILES AVAILABLE ON THE iHOUZIT PLATFORM 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 THE iHOUZIT ENTITIES. THE iHOUZIT ENTITIES 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 iHOUZIT PLATFORM.
You agree to fully indemnify, defend, and hold the iHouzit Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy and Prohibited Goods Policy; (b) any allegation that any materials you submit to us or transmit to the iHouzit Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the iHouzit Platform or other websites to which the iHouzit Platform is linked; (d) your negligent or willful misconduct; and/or which may be suffered by yourself or any third party arising in any way from your use of the iHouzit platform and/or any linked third-party website.
8.1. The conclusion of transactions and availability of stock
8.2. Responsibility: iHouzit (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on the iHouzit Platform, customer service and support, dispute resolution and delivery of goods.
8.3. Definition of a transaction: ‘‘transaction’’ means (a) in respect of a person acting in the ordinary course of business—(i) an agreement between or among that person and one or more other persons for the supply or potential supply of any goods or services in exchange for consideration; or (ii) the supply by that person of any goods to or at the direction of a consumer for consideration; or (iii) the performance by, or at the direction of, that person of any services for or at the direction of a consumer for consideration.
8.4. No Endorsement or Verification. The availability of any Goods and Services on the iHouzit Platform does not imply our endorsement of the Goods and Services. We do not represent, warrant or guarantee that the Goods and Services descriptions are accurate, complete, reliable, current, or error-free. Depictions of Goods and Services are for reference only and may not always accurately depict every aspect of the Goods and Services.
8.5. Reviews. Goods and Services listings may contain ratings and reviews obtained from third parties. Reviews posted by iHouzit users are solely the opinions of the posters. None of the reviews contain or reflect any opinions or views of iHouzit.
8.6. Buyer Obligations. Without limiting any other provision of these Terms and Conditions, you are responsible for (a) reading the entire Goods and/or Service listing before placing an order; (b) maintaining correct and up to date payment, contact, and delivery information; and (c) honouring any return, refund or delivery arrangement entered into with iHouzit (Pty) Ltd or any Third-Party Seller.
8.7. Pricing: If a “Sale” or “Reduced Price” badge is displayed on a Goods and Services listing, it means that it is being offered for sale for a limited period at a lower price than it was previously offered on the iHouzit Platform. Errors in prices will be corrected when discovered. We reserve the right to correct any error, inaccuracy, or omission, and to retract any offer.
8.8. Order Acceptance and Cancellation Right: Registered users may place orders for Goods and/or Services, which iHouzit or the Third-party Seller may accept or reject. The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. Whether or not iHouzit or the Third-party Seller accepts an order depends on the availability of Goods and/or Services, correctness of the information relating to the Goods and/or Services (including without limitation the price) and receipt of payment or payment authorisation by iHouzit for the Goods and/or Services. We reserve the right to limit the order quantity on any item and/or to refuse service to any customer for any reason. Verification of information may be required prior to the acceptance of an order. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
8.9. Payments. iHouzit acts as a payments processor on behalf of the Third-Party Seller and does not act as your agent with respect to any payments for Goods and/or Services submitted via the iHouzit Platform. To the contrary, iHouzit acts as the Third-Party Seller’s payment collection agent for the limited purpose of accepting payments for Goods and/or Services from you on behalf of the Third-Party Seller. Upon your payment of funds to iHouzit, your payment obligation to the Third-Party Seller for the listed amount is complete, and iHouzit is responsible for remitting the funds to the Third-Party Seller. In the event that iHouzit does not remit any such amounts to the Third-Party Seller, the Third-Party Seller will not have any recourse against you directly.
8.10. NOTE: iHouzit or the Third-party Seller will indicate the acceptance of your order by delivering the Goods and/or Services to you or allowing you to collect the Goods, and only at that point will an agreement of sale between you and iHouzit or the Third-party Seller come into effect (the “Sale”) and the risk of loss and title for purchased products pass to you. iHouzit does not transfer legal ownership of any Goods from the Third-Party Seller to you. This is regardless of any communication from iHouzit stating that your order or payment has been confirmed. iHouzit will indicate the rejection of your order (by iHouzit itself or the Third-Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
8.11. Prior to delivery of the Goods and/or Services or your collection of the Goods, you may cancel an order at any time, preferably within 30 minutes of payment of the order, provided you do so before receiving a dispatch or delivery or service notice. After delivery of the Goods and/or Services or your collection of the Goods, you may return the Goods and claim for Services only in accordance with the Return, Exchange and Refund Policy.
8.12. Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping cart.
8.13. Placing Goods and/or Services in a Wishlist or shopping cart without completing the purchase cycle does not constitute an order for such Goods and/or Services, and as such, Goods and/or Services may be removed from the shopping cart if stock or service availability is no longer available or the price thereof might change without notice to you. You cannot hold iHouzit or the Third-Party Seller liable if such Goods and/or Services 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.
8.14. You acknowledge that stock and service availability of all Goods and/or Services on offer is limited and that pricing may change at any time without notice to you. In the case of Goods and/or Services for sale by iHouzit, iHouzit will take all reasonable efforts to monitor stock and service availability levels and ensure that when stock and service availability is no longer available, that offers thereof are discontinued on the iHouzit Platform. However, we cannot guarantee the availability of stock and service availability. When Goods and/or Services are no longer available after you have placed an order, iHouzit will notify you and you will be entitled to a refund of any amount already paid by you for such Goods and/or Services.
8.15. In the case of Goods for sale by a Third-Party Seller, iHouzit relies on inventory information supplied by the relevant Third-Party Seller and iHouzit accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third-party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third-party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
8.16. Third-Party Seller Warranty Information. For Goods and/or Services sold by Third-Party Sellers, warranty information is listed under the seller and delivery information for that Product and/or Service. The obligation to satisfy any indicated warranty for a Product and/or Service is between you and the Third-Party Seller or the Manufacturer or Supplier, and not with iHouzit (Pty) Ltd. Subject to the Returns, Exchange and Refund Policy.
8.17. Returns, Refunds and Title for Goods and/or Services sold by iHouzit are subject to our Returns, Exchange and Refund Policy unless marked as non-returnable. iHouzit (Pty) Ltd does not take title to returned items until the item arrives at our address for returned goods. At our discretion, a refund may be issued without requiring a return. In this situation, iHouzit (Pty) Ltd does not take title to the refunded item.
8.18. Customer Service Limitations. While we may help facilitate the resolution of disputes through our customer service team or various programs, iHouzit has no control over and does not guarantee the existence, quality, safety or legality of Goods and Services advertised, the truth or accuracy of Goods and Services listings, or that a Third-Party Seller, Manufacturer or Supplier will satisfactorily honour the warranty offered by that party for a specific Product or Service. Neither iHouzit nor any Third-Party Seller will be responsible for any damage caused by installation or attempted installation of any Products by you or any third-party.
8.19. Some Product listings may include a three-dimensional model of the Product for reference. These three-dimensional models may not represent every Product feature and should not be relied upon in making purchasing decisions. You are responsible for reviewing the Product specifications, description, and photos before buying a Product.
8.20. Registered users can access and maintain a full record of the transaction under Account Information on the iHouzit Platform. This will be made available for a period of 5 years.
9. Third-Party Sellers
9.1. iHouzit will indicate on relevant Goods and/or Services pages and checkout pages when Goods and/or Services are for sale by a Third-party Seller. In such cases iHouzit only provides the iHouzit Platform to facilitate transactions between Third-party Sellers and iHouzit users. iHouzit is neither the buyer nor the seller of these Goods and/or Services unless otherwise specified.
9.2. The Sale formed on acceptance of your order (in accordance with sections 8.8 and 8.9) for Goods and/or Services that are for sale by a Third-party Seller is therefore solely between the registered user and such Third-party Seller. iHouzit is not a party to that sale.
9.3. The Third-Party Seller is solely responsible for fulfilment of delivery of the Goods and/or Services. The Third-Party Seller is also responsible for providing an invoice to the registered user if required.
9.4. 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 and/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 and/or Services sold and will not be in a position to issue a tax invoice in respect thereof.
9.5. iHouzit will handle any returns under the CPA and the ECT Act by the registered user arising out of or in connection with the Sale between a registered user and a Third-party Seller on behalf of the Third-party Seller according to iHouzit’s own Return, Exchange and Refund Policy. Should such claim escalate into being a dispute, although iHouzit is entitled to become involved in an attempt to resolve it, iHouzit is not obliged to do so and any disputes must be resolved between you and the relevant Third-party Seller alone.
10. Gift Vouchers & Coupons
10.1. iHouzit may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the iHouzit Platform towards the purchase of iHouzit Goods and/or Services. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
10.2. Gift Vouchers: Gift Vouchers that are purchased by registered users are valid for one year after Sale. Gift Vouchers that iHouzit gives away for free are valid for the period stated thereon. 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. If your Gift Voucher value is insufficient for the order you wish to place; you may make up the difference by paying via one of our other payment methods. iHouzit is 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 or the email address nominated by you.
10.3. Coupons: 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“). Coupons are issued in iHouzit’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. As a general rule, and unless specified otherwise on the specific Coupon itself:
• each Coupon can only be used once;
• only one Coupon can be used per order;
• only one Coupon can be used on the iHouzit Platform per person per promotion/campaign;
• Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
• 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 cart and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. iHouzit is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us by sending an e-mail to coupon@iHouzit.com to confirm if the Coupon is still valid. If iHouzit confirms 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. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by iHouzit, before you can use a Coupon.
11. Discounted Deals and other discounted Goods and/or Services
11.1. From time to time, we may offer certain Goods and/or Services at discounted prices as part of a Daily Special as set out below (“Special”). This will be subject to certain conditions (as set out in these Terms and/or the iHouzit Platform), which define the scope of the Special. If you buy Goods and/or Services within the scope of a Special, you will pay the discounted price for that Goods and/or Services (the “Special Price”).
11.2. However, if you buy Goods and/or Services in a manner that falls outside of the scope of a Special, then you will pay the then current (non-Spelling) selling price on the iHouzit Platform (the “Normal Price”), for each product that falls outside the scope of the Special.
11.2.1. Daily Specials: Daily Specials (“Daily Specials“) will be available daily from 7 am – 23:59 pm on weekdays and from 9 am – 23:59 pm on weekends. Daily Specials will expire no later than one minute to midnight each day. However, Daily Specials have a stock limit and may expire earlier if stock runs out.
11.2.2. Daily Specials quantities are limited and as such, after a Daily Special is sold out, those particular Goods and/or Services may be available on the iHouzit Platform at their normal selling prices (but no longer as a Daily Special).
11.2.3. We do not guarantee a specific saving. The extent of the Daily Special or discount is at the sole discretion of iHouzit.
11.2.4. Adding a Daily Special to your cart, or completing your order for a Daily Special without paying for it, does not reserve the item for you. iHouzit must receive payment from you within 24 hours of you placing your order for a Daily Special; otherwise we will cancel your order.
11.2.5. The List Price shown in respect of Daily Specials and other discounted Goods and/or Services is the recommended retail price suggested to us by the supplier of the relevant Goods and/or Services. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third-party Seller, the List Price may be provided by the Third-party Seller.
11.2.6. By purchasing any Daily Special, you are also automatically opting in for our Daily Specials daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods and/or Services purchased.
12.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as per agreements with the third-party payment providers.
12.2. Payment Options Accepted: Whether the Goods and/or Services are for sale by iHouzit or a Third-party Seller, payment can be made for Goods and/or Services into the iHouzit (Pty) Ltd Bank Account, the details which will be provided upon request, via:
12.2.1. debit card;
12.2.2. credit card: where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods and/or Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods and/or Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the iHouzit Platform;
12.2.3. direct bank deposit or electronic funds transfer (EFT): if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. iHouzit will not accept your order if payment has not been received;
12.2.4. Instant Electronic Funds Transfer;
12.3. You may contact us by sending us an e-mail to email@example.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
12.4. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods and/or Services. Card Acquiring and Security: If you select the Payment Gateway, Paygate: Card transactions will be acquired for iHouzit (Pty) Ltd via Paygate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO Paygate uses the strictest form of encryption, namely Secure Socket Layer (SSL3) and no Card details are stored on the iHouzit website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details separate from card details: If you select the Payment Gateway, Paygate: Customer details will be stored by iHouzit (Pty) Ltd separately from card details which are entered by the client on DPO Paygate’s secure site. For more details on DPO Paygate refer to www.paygate.co.za. Merchant Outlet and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
13. Delivery of Goods and/or Services
13.1. iHouzit’s methods of delivery of Goods to you is via third-party courier services or collection and will be confirmed by way of message notification to you either by e-mail or an electronic data message or voice message or call.
13.2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
13.3. Where it accepts your order, iHouzit or the Third-party Seller will process your requests for Goods and/or Services within 10 (ten) days, but no later than 30 (thirty) days of receipt of your payment, unless the parties agreed otherwise (“Delivery Period”). Delivery will be confirmed as per the communicated timelines on the Goods and Services information listing, subject to availability. We will notify you if we are unable to deliver the Goods and/or Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods and/or Services. If you elect to cancel your order, we will refund you any payment within 30 days after the date of such notification.
13.4. iHouzit’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order of upon collection by you or an authorised representative. iHouzit 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.
14.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods and Services on the iHouzit Platform. However, should there be any errors of whatsoever nature on the iHouzit Platform (which are not due to our gross negligence), we 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 Return, Exchange and Refund Policy.
14.2. iHouzit shall not be bound by any incorrect information regarding our Goods and Services displayed on any third-party websites.
15. Returns, Exchanges and Refunds
15.1. The provision of goods and services by the iHouzit Entities is subject to availability. In cases of unavailability, iHouzit will refund you in full as per the original method of payment within 30 days.
15.2. Please refer to our Returns, Exchange and Refund Policy for more information about returning goods (and related refunds, exchanges or repairs). The Returns, Exchange and Refund Policy are incorporated by reference (which means that it forms part of these Terms and Conditions).
16.1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
16.2. Should you decide to register as a user on the iHouzit Platform, we may require you to provide us with personal information which includes but is not limited to:
• your name and surname;
• your email address;
• your physical address;
• your gender;
• your mobile number; and
• your date of birth.
16.3. Should your personal information change, please provide us with updates to your personal information as soon as reasonably possible on the iHouzit Platform.
16.4. 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.
16.5. Subject to section 16.14 below, we will not, without your express consent:
16.5.1. use your personal information for any purpose other than as set out below:
• in relation to the ordering, sale and delivery of Goods and/or Services;
• to contact you regarding current or new Goods and/or Services offered by us or any of our divisions, affiliates and/or partners and Third-party Sellers (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 and Third-party Sellers (unless you have opted out from receiving marketing material from us); and
• to improve our Goods and/or Services selection and your experience on our iHouzit Platform by, for example, monitoring your browsing habits, or tracking your sales on the iHouzit Platform; or
16.5.2. disclose your personal information to any third party other than as set out below:
• to our employees and/or third-party service providers and Third-party Sellers who assist us to interact with you via our iHouzit Platform, email or any other method, for the ordering of Goods and/or Services or when delivering Goods and/or 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 and Third-party Sellers (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 and/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 our suppliers and Third-party Sellers in order for them to liaise directly with you regarding any faulty Goods and/or Services you have purchased which requires their involvement; and
• to any Third-party Seller for purposes of communicating with you in relation to the delivering and invoicing of purchased Goods and/or Services from such Third-party Seller.
16.6. We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, subpoena, order of the court or legal process served on us, or to protect and defend our rights or property. In the event of fraudulent online payment, iHouzit 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.
16.7. We will ensure that all of our employees, third-party service providers, divisions, affiliates and partners and Third-party Sellers (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.
16.8. Ratings and Reviews: When you provide a rating or review of Goods and/or Services, you consent to us using that rating or review as we deem fit, including without limitation on the iHouzit Platform, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration, or a Nick Name you provide. If you do not agree to this, please do not put any ratings or reviews on the iHouzit Platform. We will not display your contact details, with a rating or review.
16.9. 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.
16.10. 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.
16.11. iHouzit undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
16.12. 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.
17. Electronic communications
17.2. You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the iHouzit Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the iHouzit Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialling systems. These communications include, for example, operational communications concerning your account or use of the iHouzit Platform, updates concerning new and existing features on the iHouzit Platform, communications concerning promotions run by third parties or us, and news relating to the iHouzit Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send.
17.3. If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the iHouzit Platform, you may opt-out or unsubscribe using your settings in account information.
18. Review Policy
iHouzit may enable you to post Reviews. Reviews are considered Your Content.
18.1. By posting a Review, you acknowledge and agree that:
18.1.1. You are not (a) a director, employee, officer, or principal (“Interested Party”) of the business whose products or services are the subjects of the Review, (b) an Interested Party of a competitor of the business or individual whose products or services are the subject of the Review; or (c) related in any way, including by blood, adoption or marriage, to the business or individual whose products or services are the subject of the Review;
18.1.2. Your Review is based upon your first-hand experience with the products, or business or individual whose services, are the subject of the Review;
18.1.3. Your Review is accurate, truthful and complete;
18.1.4. Your Review does not violate our Acceptable Use Policy, including through libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content; as determined by iHouzit in our sole and absolute discretion;
18.1.5. If you have received monetary compensation or another incentive to write and submit a Review, it will be clearly and conspicuously stated in the text of your Review, even if the amount or value of such incentive is small;
18.1.6. You will not use the posting or removing of your Review to demand payment from any business or individual, except that bona fide refund requests made in connection with a bad customer experience are acceptable.
19. Acceptable Use Policy
19.1. As part of iHouzit’s Acceptable Use Policy, you agree not to use the information, products and services or any other part of the iHouzit Platform to take any action or actions that:
19.1.1. are contrary to iHouzit's public image, goodwill or reputation;
19.1.2. promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
19.1.3. infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
19.1.4. express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
19.1.5. violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offence or give rise to civil liability;
19.1.6. are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
19.1.7. transmit any trade secret or other material, non-public information about any person, company or entity without the authorisation to do so;
19.1.8. restrict or inhibit any other visitor from using the iHouzit Platform, including, without limitation, by means of "hacking" or defacing any portion of the iHouzit Platform;
19.1.9. modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the iHouzit Platform;
19.1.10. remove any copyright, trademark, or other proprietary rights notices contained in the iHouzit Platform;
19.1.11. sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms to any third party, or otherwise commercially exploit or profit from the information or content of the iHouzit Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
19.1.12. "frame" or "mirror" any part of the iHouzit Platform without our prior written authorisation;
19.1.13. distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
19.1.14. interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of iHouzit or its licensors or suppliers;
19.1.15. use in any way any device, software or other instrument to interfere or attempt to interfere with the proper working of the iHouzit Platform;
19.1.16. involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the applicable law;
19.1.17. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the iHouzit Platform or in any way reproduce or circumvent the navigational structure or presentation of the iHouzit Platform or its contents, authentication and security measures;
19.1.18. forge headers or otherwise manipulate identifiers to disguise the origin of any submission;
19.1.19. execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the iHouzit Platform's servers or any data not intended for you;
19.1.20. harvest or collect information about any iHouzit Platform visitors or users without their express consent; and/or
19.1.21. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
20. Third-Party Seller Policy
This section is only applicable to users selling Goods and Services as Third-Party Sellers on the iHouzit Platform.
20.1. Third-Party Sellers may elect to create an iHouzit Profile. Subject to the iHouzit and Conditions, Third-Party Sellers can use the features made available on our iHouzit Platform to promote their business. By creating a Third-Party Seller Profile, you acknowledge and agree to each of the following:
20.2. Authorised Person. You are a principal or employee authorised to create a Third-Party Seller Profile under the relevant categories.
20.3. Accurate Information: You will provide accurate, truthful, and complete information regarding your business, and keep all business information up to date. You will create only one Third-Party Seller Profile for each location of your business. You will pick a business category that accurately describes your products and services. Third-Party Seller Profiles created for business categories not supported by iHouzit will be removed without notice.
20.4. License Information: If your profession or business requires licensure, you agree to provide all licensing information necessary to advertise your business online on iHouzit. In addition, you represent that any licensing information you provide is accurate and up to date.
20.5. Projects: You agree that any Projects posted on your Third-Party Seller Profile represent your own work, and you will not claim credit for the work of others.
20.6. Affiliations: iHouzit may enable you to display your affiliation with certain trade associations relevant to your business. You agree that you will only choose those organisations with which you are actually affiliated for display on your Third-Party Seller Profile, and promptly remove any affiliations if no longer current. You agree that in certain circumstances iHouzit may display your affiliation with certain trade association partners on your Third-Party Seller Profile on your behalf, e.g. upon verification of membership by the trade association.
20.7. No Guaranteed Placements: The appearance of your Third-Party Seller Profile in iHouzit search results is not guaranteed and is dependent on a number of factors, including without limitation the popularity and volume of photos, reviews, and user interactions. iHouzit does not guarantee specific placements on iHouzit except as part of paid marketing packages.
20.8. Reviews: Customers may review your business on your Third-Party Seller Profile. You understand and agree that while all reviews must follow our Review Policy, iHouzit does not remove negative reviews that do not violate our Review Policy, regardless of whether a Third-Party Seller is a paying customer or not, except as may be required by law.
20.9. Removal: Pursuant to our Terms and Conditions, if you deactivate or permanently delete your Third-Party Seller Profile, subject to applicable law, any postings, reviews, photos, or comments you submitted prior to deactivation or deletion may remain published on the iHouzit Platform after deactivation or deletion.
20.11. Communications Preferences: When you create an account on iHouzit, please note that any prior communications preferences you may have conveyed to iHouzit will not be transferred to your iHouzit account.
21. Prohibited Goods Policy
This section is only applicable to users selling Goods and Services as Third-Party Sellers on the iHouzit Platform.
21.1. iHouzit maintains a very strict policy around the products that can be listed for sale on the iHouzit Platform. All products must comply with all laws and regulations and with the iHouzit Prohibited Goods Policy, stated here.
21.2. iHouzit strives to provide a safe and trustworthy buying experience. The following goods are prohibited for sale on the iHouzit Platform:
21.2.1. Illegal products
21.2.2. Stolen or counterfeit products
21.2.3. Used products, unless clearly stated as “previously owned and used”.
21.2.4. Recalled or defective products
21.2.6. Products using the name or brand of a company, designer, or artist in the title or description if products are not lawfully made or authorised by the named company, designer, or artist ("like a _" or "inspired by _")
21.2.7. Products that infringe the copyrights, trademarks, or intellectual property or personal rights of others
21.2.8. Products made of fur, ivory, or endangered or threatened species
21.2.9. Products that contain offensive, violent, obscene, cruel or inappropriate content in product names, descriptions, logos, or images, including but not limited to:
184.108.40.206. Profanity or symbols/signs representing profanity
220.127.116.11. Pornographic, sexually explicit, or sexually violent content
18.104.22.168. Promotion, depiction or glorification of illegal activity
22.214.171.124. Promotion, depiction or glorification of violence towards others or self
126.96.36.199. Promotion, depiction or glorification of hatred, intolerance, violence, ridicule, and/or bigotry toward a group of people or the promotion of organisations fostering these views
188.8.131.52. Promotion or glorification of cruelty towards animals
21.3. It is your sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. All your products must comply with this Prohibited Goods Policy at all times. If you sell a product that is deemed to be in violation of this policy, iHouzit, in its sole discretion, may immediately remove your product listings, suspend your selling privileges, and terminate your account. Furthermore, if you are selling illegal products, iHouzit may withhold payment.
22. Copyright and Trademark Policy
22.1. iHouzit expects users of the iHouzit Platform to respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit iHouzit to use it on the iHouzit Platform.
22.2. If you infringe copyrights or other intellectual property rights of others, your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
22.3. If you believe in good faith that materials hosted by iHouzit infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material is removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the iHouzit Platform are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow iHouzit to locate the material on the iHouzit Platform; (d) information reasonably sufficient to permit iHouzit to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
22.4. Please be advised that iHouzit will not respond to complaints that do not meet these requirements. If iHouzit determines that the materials alleged to infringe your copyright or trademark rights do not require removal, iHouzit will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
22.5. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) a statement that you consent to the jurisdiction of the judicial district in which iHouzit services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
22.6. We suggest that you consult your legal advisor before filing a notice or counter-notice.
23. Availability and termination
23.1. We will use reasonable endeavours to maintain the availability of the iHouzit Platform, except during scheduled maintenance periods, and are entitled to discontinue providing the iHouzit Platform or any part thereof with or without notice to you.
23.2. iHouzit may in its sole discretion terminate, suspend and modify this iHouzit Platform, with or without notice to you. You agree that iHouzit will not be liable to you in the event that it chooses to suspend, modify or terminate this iHouzit Platform other than for processing any orders made by you prior to such time, to the extent possible.
23.3. 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 and/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 iHouzit Platform without any prejudice to any claims for damages or otherwise that we may have against you.
23.4. iHouzit is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the iHouzit Platform and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by iHouzit to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the iHouzit Platform), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and iHouzit, in whole or in part, on notice to you. iHouzit shall only be liable to refund monies already paid by you (see iHouzit’s Return, Exchange and Refund Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
23.5. At any time, you can choose to stop using the iHouzit Platform, with or without notice to iHouzit. You may close your account at any time by going to account information and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any iHouzit policy. Upon termination of your use of the service, certain provisions will survive termination as per Section 28.14 (Survival).
24.1. If you have a complaint about the Goods or Services provided by us or require information regarding our internal complaints-handling process, please get in touch with by sending an e-mail to firstname.lastname@example.org or contact our call centre on 087 158 0969.
24.2. We are progressing an application as a participant under the Consumer Goods and/or Services and Services Industry Code and will be bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. 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: Website http://www.cgso.org.za/, Sharecall: 0860 000 272 Email: email@example.com.
25. Dispute Resolution
25.1. 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 iHouzit Platform 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.
25.2. If you have a dispute with iHouzit, you agree to contact us by e-mailing us at firstname.lastname@example.org to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this clause will govern any legal dispute that relates to the iHouzit Platform or involves our services.
25.3. In the event of any dispute arising between you and iHouzit, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
25.4. Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
26.1. iHouzit hereby selects 33 Ballyclare Drive, Ballywoods Office Park, Cedarwood House, Bryanston, Johannesburg, South Africa, 2191 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). iHouzit may change this address from time to time by updating these Terms and Conditions.
26.2. 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 iHouzit not less than 7 (seven) days’ notice in writing.
26.3. Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent:
26.3.1. by hand will be deemed to have been received on the date of delivery;
26.3.2. by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
26.3.3. by email sent to legal@iHouzit.com 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.
27. Company Information and Contact Details
iHouzit (Pty) Ltd information is as follows:
27.1. Full name: iHouzit (Pty) Ltd, a private company registered in South Africa with registration number 2016/468548/07, trading as iHouzit.
27.2. Main business: Online Platform that is a market network.
27.3. Physical address: 33 Ballyclare Drive, Ballywoods Office Park, Cedarwood House, Bryanston, Johannesburg, South Africa, 2191.
27.4. Postal address: Suite 60, Private Bag X14, Pinegowrie, 2123
27.5. Office bearer: Roana Mouton.
27.6. Telephone: +27 87 158 0969.
27.7. Email address: info@iHouzit.com
27.8. Access to Information Manual: As per the Government Gazette No 39904, 11 December 2015, exemption of certain private bodies from compiling the manual contemplated in Section 51(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) is granted from 1 January 2016 to 31 December 2020.
28.1. iHouzit may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the iHouzit Platform or the user’s right to use the iHouzit Platform or any of its contents subject to us processing any orders then already made by you.
28.2. 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.
28.3. These Terms and Conditions contain the whole agreement between you and iHouzit and except for the below Supplemental Terms for Certain Services, no other warranty or undertaking is valid, unless contained in this document between the parties.
28.3.1. Supplemental Terms for Certain Services. Certain services offered on the iHouzit Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example placement of advertisements, participation in brand services each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
28.4. Application Provider Terms. If you access the iHouzit Platform through an iHouzit application, you acknowledge that this agreement is between you and iHouzit only, and not with another application service or application platform provider, which may provide you with the application subject to its own terms.
28.5. Changes. iHouzit (Pty) Ltd reserve the right in its sole discretion to change any of these Terms and Conditions at any time. Any changes we make to the Terms and Conditions or part thereof will be effective immediately after the change is displayed on the iHouzit Platform. You agree if you use the iHouzit Platform after such amended Terms and Conditions have been displayed on the iHouzit Platform, you will be deemed to have accepted such changes. 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 iHouzit Platform.
28.6. Languages. English is the authoritative text of this Agreement and all communications, notices, disputes and other actions and proceedings relating to this Agreement will be made and conducted in English.
28.7. Assignment. No terms of this Agreement, nor any right, obligation, or remedy hereunder is assignable, to be ceded, transferable, delegable, or sublicensable by you to any third party, except with an iHouzit's Authorised Person’s prior written consent, and any attempted assignment, ceding, transfer, delegation, or sublicense shall be null and void. iHouzit may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
28.8. Waiver. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
28.9. Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
28.10. Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
28.11. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the iHouzit Platform and constitutes the entire agreement between you and us regarding the iHouzit Platform. If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
28.12. Survival: The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 4.4 (Restrictions) and 4.5 (Ownership), Section 7 (Disclaimers and Limitations of Liability), Section 8 (Indemnification), Section 27 (Dispute Resolution) and Section 28 (Miscellaneous).
28.13. Contact. Feel free to contact us by e-mailing support@iHouzit.com with any questions about this agreement.
iHouzit (Pty) Ltd
33 Ballyclare Road
Ballywoods Office Park
Last modified as of 1 February 2019