Terms and conditions

TERMS AND CONDITIONS OF USER AGREEMENT OF SHOP YAGA (PTY) LTD

1. ABOUT THE COMPANY

1.1 Yaga.co.za is a virtual buying and selling portal (hereinafter the Portal), which allows logged-in users to buy and sell goods and open their own e-shop.

1.2 The portal is managed by Shop Yaga (Pty) Ltd, registration number 2018/579160/07, 222 Smit Street, 21st Floor, Braamfontein, Johannesburg 2001, support@yaga.co.za

1.3 By registering as a user of the portal (hereinafter User), the User confirms that they have read and agree to the terms and conditions of this User Agreement (hereinafter the Terms and Conditions) and undertake to comply with them.

2. USER ACCOUNT

2.1 To use the Portal, the User must register and log in by using their Facebook, Google or Apple ID account. The latter is only available for iOS apps.

2.2 The User keeps the data used for logging in to the Portal confidential and prevents them from becoming known to third parties.

2.3 The User is responsible for all activities that occur on a registered and logged in user account. If there is any doubt about the misuse of the User’s account, a relevant notification must be sent immediately to the address support@yaga.co.za

3. HOW DOES YAGA WORK?

3.1 The portal allows:

‎‎ ‎ ‎ ‎ ‎ ‎ 3.1.1 Opening a web store on the Portal;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.2 Selling goods on the Portal;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.3 Browsing, saving to favourites and buying products from other users;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.4 Communicating with other portal users through private messages;

‎ ‎ ‎ ‎ ‎ ‎ 3.1.5 Sharing the ads of selling goods on various social media channels.

3.2 Shop Yaga (Pty) Ltd provides the money deposit service for the performance of sales contracts concluded by the Users in which the Buyer transfers the money to the account of Shop Yaga (Pty) Ltd when making a purchase either via an EFT Payment, by using a credit card or the Yaga wallet balance, or other payment options which are available in Yaga.

3.3 It is only possible to make purchase and sales transactions in Rands on the Portal.

3.4 Description of the purchase/sales process:

‎ ‎ ‎ ‎ ‎ ‎ 3.4.1 The Buyer finds the product of interest and makes the payment through an EFT Payment, with a credit card, by using the Yaga wallet balance or other payment options which are available in Yaga;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.2 The money is transferred to the account of Shop Yaga (Pty) Ltd;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.3 The Seller sends the goods to the Buyer using one of the delivery options offered in Yaga that was selected by the Buyer, or in another manner agreed upon between the Buyer and the Seller;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.4 The Seller confirms the shipping or delivery of goods to the Buyer via the Portal by clicking on the ‘Item shipped’ button and includes a tracking number, if available. If the goods are sent using an integrated courier method, the order is marked as shipped automatically when the goods have been sent;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.5 The Buyer confirms the receipt of the goods through the Portal by clicking on the ‘Item received’ button and confirms in the following pop-up that they are satisfied with the goods and agree to release the money to the Seller’s Yaga wallet;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.6 Shop Yaga (Pty) Ltd releases the payment to the Seller’s Yaga wallet and the sales transaction is deemed to be completed;

‎ ‎ ‎ ‎ ‎ ‎ 3.4.7 In order to transfer the money to their bank account, the Seller is required to initiate the payout process by clicking on the 'Payout to bank account' button. Once initiated, Shop Yaga (Pty) Ltd will make the transfer to the Seller's bank account within 1-3 business days subject to the accuracy and validity of the banking details provided by the Seller. It is the responsibility of the Seller to ensure that the banking details provided are accurate, up to date and linked to a South African bank account from the listed banks. Shop Yaga (Pty) Ltd will not be held responsible for any delays or losses incurred as a result of money transfer to the provided account.

4. SERVICE FEES

4.1 Opening a shop, adding items to the Portal and selling items on the Portal is free of charge.

‎ ‎ ‎ ‎ ‎ ‎ 4.1.1 The Seller chooses shipping service provider(s) when listing item to the Portal.

4.2 User pays a Buyer Protection fee of 5% calculated from the total cost (including item and delivery) + R14.90, applied automatically at checkout;

‎ ‎ ‎ ‎ ‎ ‎ 4.2.1 If the order is cancelled due to the item not having been shipped, then the full amount, including the Buyer Protection fee, is refunded to the Buyer.

‎ ‎ ‎ ‎ ‎ ‎ 4.2.2 If the order is cancelled in accordance with 8.14 (Buyer has the right to return the item) then the full amount, including the Buyer Protection fee, is refunded to the Buyer.

4.3 Yaga has the right to deduct the Buyer Protection fee from user’s account, if the order is cancelled in violation of the Yaga policy.

5. TRANSACTION SECURITY

5.1 In order to protect the interests of the Users of the Portal, the entire sales process must take place in the Portal environment. The Buyer must use only the payment methods and methods of transportation available in the Portal environment. The Buyer can pay for the goods through an EFT Payment, with a credit card, by using the Yaga wallet balance or other payment options which are available in Yaga.

5.2 The Portal protects both the Buyer and Seller from potential fraud as follows:

‎ ‎ ‎ ‎ ‎ ‎ 5.2.1 After the purchase is made, the amount paid for the product is deposited on the account of Shop Yaga (Pty) Ltd until the order is completed;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.2 The Seller confirms the shipping or delivery of the goods by clicking the ‘Item shipped’ button for the respective order. If the goods are sent using an integrated courier method, the order is marked as shipped automatically when the goods have been sent;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.3 After the goods have been shipped, Shop Yaga (Pty) Ltd will wait for the Buyer to confirm the receipt of the goods;

‎ ‎ ‎ ‎ ‎ ‎ 5.2.4 Once the Buyer has confirmed the receipt of the goods by clicking on the ‘Item received’ button in the corresponding order, and confirmed in the following pop-up that they are satisfied with the goods and agree to release the money to the Seller’s Yaga wallet, Shop Yaga (Pty) Ltd will release the money to the Seller’s Yaga wallet.

5.3 To enhance clarity and minimize potential disagreements between Buyer and Seller, we encourage the parties to communicate with each other through the Portal. Prior to purchase, it is recommended that Buyer and Seller disclose all relevant information about the goods, and that any questions or concerns are addressed in a timely manner.

6. DEADLINES FOR SHIPPING AND RECEIVING GOODS AND TRANSFERRING MONEY

6.1 The Seller is expected to ship the item as soon as possible and always within 7 calendar days, unless agreed upon otherwise. In order to confirm the shipping of the goods, the Seller of the goods has to click on the ‘Item shipped’ button for the respective order.

6.2 The Buyer has up to 48 hours after collecting the goods to confirm the receipt of the goods on the Portal or submit a claim (see clause 10.2). In order to confirm the receipt of the goods, the Buyer has to click on the ‘Item received’ button for the respective order, and confirm in the following pop-up that they are satisfied with the goods and agree to release the money to the Seller’s Yaga wallet.

‎ ‎ ‎ ‎ ‎ ‎ 6.2.1 If the Buyer has not confirmed the receipt of the goods or submitted a claim within 48 hours after collecting the goods in accordance with 8.14 (Buyer has the right to return the item), then Yaga has the right to complete the order on the Buyer’s behalf. Yaga will check the tracking information provided by the Seller and if this information is sufficient for completing the order, Yaga will release the money to the Seller’s Yaga wallet. If the tracking information is insufficient or unclear about the delivery of the goods, Yaga will contact the Buyer via the email address connected to the Buyer’s account, and ask them to confirm the receipt of the goods or submit a claim within 48 hours. If the Buyer does not respond within this period, then the goods are considered as received and Yaga will complete the order accordingly.

6.3 Shop Yaga (Pty) Ltd will release the payment made by the Buyer to Shop Yaga (Pty) Ltd’s deposit into the Seller's Yaga wallet right after the Buyer confirms the receipt of the goods. The Seller can choose between using the money for future purchases on Yaga or paying it out to the chosen bank account. The Seller can initiate a payout to bank account by clicking on the 'Payout to bank account' button. The Seller enters the account details where they want the payment for the goods to be transferred in the Settings section on the Portal. It is the responsibility of the Seller to ensure that the banking details provided are accurate, up to date and linked to a South African bank account from the listed banks. Once the Seller has initiated a payout, Shop Yaga (Pty) Ltd will transfer the money to the Seller within 1-3 working days. 

6.4 If the Seller has not shipped the goods within 1 month from the receipt of the purchase order, indicating it by clicking ‘Item shipped’ button, or the order has been in the ‘In-transit’ status for over 1 month, then Shop Yaga (Pty) Ltd has the right to cancel or complete the order respectively. 

7. DISCLAIMER OF LIABILITY

7.1 Shop Yaga (Pty) Ltd is not the owner of the goods sold on the Portal and does not participate in sales, purchases, or other transactions that occur between the Users of the Portal.

7.2 Sales agreements are concluded between the Users of the Portal without the representation and mediation of Shop Yaga (Pty) Ltd. Users are fully responsible for the execution of their sales agreements.

7.3 Complaints, queries, and claims regarding the goods on the Platform must be submitted directly to the Seller by using the message system on the Portal. Shop Yaga (Pty) Ltd is not responsible for resolving any differences between the parties to the sales transaction.

7.4 Shop Yaga (Pty) Ltd does not expect nor ensure the guarantee of the goods sold and does not review nor check the quality of the goods sold or the compliance with the description entered by the User.

7.5 Shop Yaga (Pty) Ltd is not liable for the truthfulness and lawfulness of the information published by the User on the Portal or for the User’s inappropriate or unlawful behaviour.

7.6 Shop Yaga (Pty) Ltd is not liable for damages due to improper or inadequate packaging by the Seller. Additionally, Yaga holds no responsibility for delays, parcel damages, or losses incurred during shipment, whether by integrated or non-integrated courier services utilized by Portal Users. All claims related to shipments must be submitted directly to the respective courier services. 

8. RIGHTS AND OBLIGATIONS OF THE USER

8.1 The User confirms that they are a person with active and passive legal capacity who has the right to make the transactions provided on the Portal.

8.2 When using the Portal, the User undertakes to provide completely correct information, including true data on the quality and condition of the goods sold, as well as other details which may affect the Buyer’s decision to purchase a good.

8.3 To use the Portal, including to make sales transactions, the User undertakes to enter their valid e-mail address to the Portal and be available via e-mail.

8.4 The User undertakes to conduct only legal purchase and sales transactions through the Portal.

8.5 The User undertakes to ensure that their activities do not violate the property rights or moral rights (including intellectual property) of third parties.

8.6 The User undertakes to ensure that their activities comply with laws and other legislation, including legislation regulating consumer protection, competition, and export and import of goods.

8.7 The User undertakes to ensure that their activities are lawful and in accordance with good practice. Prohibited actions include:
‎ ‎ ‎ ‎ ‎ ‎ 8.7.1 Intimidation or harassment;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.2 Promoting sexually explicit material;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.3 Violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, etc;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.4 Publishing personal data or breaching other privacy rights;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.5 Sharing or promoting unlawful, false, or inaccurate information;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.6 Impolite or repressive activities in chat;
‎ ‎ ‎ ‎ ‎ ‎ 8.7.7 Acting and using the site in bad faith.

8.8. The User undertakes to ensure that the items uploaded to their shop are done so in accordance with the law and good practice. Prohibited items include, but are not limited to:

‎ ‎ ‎ ‎ ‎ ‎ 8.8.1 Medicines, medical devices and healthcare products;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.2 Motorised vehicles;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.3 Counterfeit items, replicas and unauthorised copies, as well as other products not meant for retail, including, but not limited to, factory rejects and parallel imports;

‎‎ ‎ ‎ ‎ ‎ ‎ 8.8.4 Samples, testers or other (promotional) items that are not intended for sale, including rebottled perfumes; ‎ ‎ ‎ ‎ ‎

‎ ‎ ‎ ‎ ‎ ‎ 8.8.5 Drop-shipping;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.6 Food products & beverage, including alcohol;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.7 Smoking paraphernalia;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.8 Offensive material;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.9 Firearms, weapons and military items;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.10 Adult only material and nudity;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.11 Advertisements;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.12 Vouchers, gift cards, digital and non-material goods;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.13 Drugs and drug paraphernalia;

‎ ‎ ‎ ‎ ‎ ‎ 8.8.14 Animals.

8.9 The User undertakes to ensure that the item description and the pictures of the item uploaded to the user’s shop describe the item accurately. The pictures should be the user’s own photos of the actual item, not photos taken from the internet or other sources. There should be no information which does not relate to the item on sale, this includes advertisement, spam hashtags, spam brands, spam text, directing conversations/sales outside of Yaga, etc.

8.10 The User, in the role of a Seller, undertakes to ensure that the item fits the parcel of the delivery option made available for the Buyers (excl. bundling) and is safely packed, taking full responsibility in case the item is broken in transit.

‎ ‎ ‎ ‎ ‎ ‎ 8.10.1 When using integrated courier services (such as PUDO or PAXI) or non-integrated courier services, whether offered in Yaga or not, the Seller agrees to comply with the respective policies of these services regarding shipment requirements and packaging standards, acknowledging that each courier service's policies apply to the shipping process.

‎ ‎ ‎ ‎ ‎ ‎ 8.10.2 When using a PUDO integrated courier service, after generating a code in Yaga, the Seller must ship the item in 36 hours. Failure to deposit the item in 36 hours will result in cancellation of the delivery with no refund.

8.11 The User confirms that they are aware that the obligation to declare and pay taxes (including VAT and income tax) on all transactions lies with the User.

8.12 The User confirms that they are aware of the fact that if third parties gain access to the User’s information technology equipment so that the User is logged into the Portal, third parties may assume obligations that are binding to the User and the performance of which is the responsibility of the User.

8.13 Users are responsible for the execution of their sales agreements. Complaints and queries related to the goods to be sold must be submitted directly to the Seller using the Portal’s messaging system.

8.14 When concluding a sales agreement, the Seller undertakes to take back the goods if the User (Buyer) who made the purchase wishes to, within 48 hours from the receipt of the goods, return the goods because the goods differ significantly from the description in the sales ad or from the photo of the product (see clause 10.2).

9. RIGHTS AND OBLIGATIONS OF SHOP YAGA (PTY) LTD

9.1 Shop Yaga (Pty) Ltd is justified, at its own choice, to restrict or revoke the User’s access to the Portal, including changing the information published by the User on the Portal, stop a sale regardless of its status, cancel a payout and refund the other party as appropriate, or close their User account and not allow them to re-register as a User if the User:

‎ ‎ ‎ ‎ ‎ ‎ 9.1.1 violates these Terms and Conditions;

‎ ‎ ‎ ‎ ‎ ‎ 9.1.2 has submitted information that is incorrect, misleading, or inaccurate when logging in to the Portal or using the Portal;

‎ ‎ ‎ ‎ ‎ ‎ 9.1.3 knowingly and intentionally disseminates false information on Shop Yaga (Pty) Ltd’s website, insults any other User in any way, or acts in bad faith;

‎ ‎ ‎ ‎ ‎ ‎ 9.1.4 the purchase or sales offers entered by the User are in violation of the Terms and Conditions, good manners, or applicable law;

‎ ‎ ‎ ‎ ‎ ‎ 9.1.5 at least three complaints from other Users have been received about the User’s activity.

9.2 At any time, Shop Yaga (Pty) Ltd is entitled to monitor all the activities on the Portal, including but not limited to purchase and sale offers made by the Portal Users. Such monitoring may result in the removal or hiding of any sales ads that violate the Terms and Conditions or are inactive for a prolonged period.  

9.3 The Yaga’s app and website (yaga.co.za) and all its contents are copyrighted by Shop Yaga (Pty) Ltd. When uploading copyrighted product photos/sales ads on the website, the User transfers to Shop Yaga (Pty) Ltd the proprietary rights of the author that apply to the product photos/sales ads. Shop Yaga (Pty) Ltd has the exclusive right to, in any way, use, permit and prohibit their use, including reproduce, distribute, translate, adapt, add them to collections or databases, or communicate to the public the product photos/sales ads provided by the User.

10. RETURN AND CLAIMS OF GOODS

10.1 If the User has a complaint about the service of Shop Yaga (Pty) Ltd, please contact us at support@yaga.co.za and submit your name and contact details, and briefly describe the content of the complaint. Shop Yaga (Pty) Ltd will respond to the complaint as soon as possible, but not later than within the next 2 working days, unless specified otherwise.

10.2 If the goods differ significantly from the description given in the sales ad or the photo of the product and the Buyer therefore wishes to return the goods to the Seller, the following must be done:

‎ ‎ ‎ ‎ ‎ ‎ 10.2.1 The Buyer must send a message to the Seller via the Portal within 48 hours of receipt of the goods, indicating their wish to return the goods, and agree on the place and way of returning the goods. There is no right of return if it is prohibited by South African law for a particular type of good.

‎ ‎ ‎ ‎ ‎ ‎ 10.2.2 The right of return cannot be executed if the Buyer has received the goods and confirmed their satisfaction with the goods on the Portal or if more than 48 hours have passed from the receipt of the goods.

‎ ‎ ‎ ‎ ‎ ‎ 10.2.3 The Buyer undertakes to return the goods in the same condition.

‎ ‎ ‎ ‎ ‎ ‎ 10.2.4 The money will remain in the account of Shop Yaga (Pty) Ltd until the goods are returned to the Seller. The cost of returning the goods is borne by the Buyer, unless the Seller and the Buyer agree upon otherwise.

‎ ‎ ‎ ‎ ‎ ‎ 10.2.5 To confirm the return of the goods, the Seller must, within 48 hours from receiving the goods back from the Buyer, click on the ‘Cancel’ button on the Portal for the specific sales order. In this case, Shop Yaga (Pty) Ltd will return the money to the Buyer's Yaga wallet.

‎ ‎ ‎ ‎ ‎ ‎ 10.2.6 After the order has been cancelled and money returned to the Buyer's Yaga wallet, the Buyer can choose between using the money for future purchases on Yaga or paying it out to the chosen bank account. The Buyer can initiate a payout to bank account by clicking on the 'Payout to bank account' button. The Buyer enters the account details where they want the payment for the goods to be transferred in the Settings section on the Portal. It is the responsibility of the Buyer to ensure that the banking details provided are accurate, up to date and linked to a South African bank account from the listed banks. Once the Buyer has initiated a payout, Shop Yaga (Pty) Ltd will transfer the money to the Buyer within 1-3 working days.

10.3 After the Buyer and the Seller have agreed upon returning the item and the Seller has provided the necessary return details, the Buyer must ship the item within 72h using the same shipping method as was used for initial delivery, unless agreed upon otherwise. 

10.4 In the event of unresolvable disputes between the Buyer and the Seller, Shop Yaga (Pty) Ltd may assist in resolving the disputes as follows:

‎ ‎ ‎ ‎ ‎ ‎ 10.4.1 To resolve disputes between the Buyer and Seller, it is possible to turn to Shop Yaga (Pty) Ltd 21 days after submission of the purchase order at support@yaga.co.za.

‎ ‎ ‎ ‎ ‎ ‎ 10.4.2 To resolve the dispute between the Seller and the Buyer, Shop Yaga (Pty) Ltd has the right to request additional information from both parties and to use the information on the Portal about the communication between the Buyer and the Seller, including the content of the messages sent on the Portal.

‎ ‎ ‎ ‎ ‎ ‎ 10.4.3 To resolve the disputes as quickly as possible, the Buyer and Seller undertake to actively cooperate and respond to inquiries made by Shop Yaga (Pty) Ltd within 48 hours. If one of the parties to the dispute does not cooperate and does not respond to the submitted requests within 48 hours, Shop Yaga (Pty) Ltd has the right to make a decision in favour of the other party to the dispute.

‎ ‎ ‎ ‎ ‎ ‎ 10.4.4 If the Buyer submits a claim for the purchased goods, the Seller must be ready to prove the shipping of the goods by presenting a document (such as a waybill/proof of shipment) certifying the operation of the selected mode of transport or prove the shipping of the item in another verifiable way. If the Seller fails to prove the shipping of the goods, Shop Yaga (Pty) Ltd may settle the claim in favour of the other party.

‎ ‎ ‎ ‎ ‎ ‎ 10.4.5 If the Buyer claims that the goods are not in conformity with the description in the sales ad and the Buyer and the Seller do not reach an agreement on the return of the goods, Shop Yaga (Pty) Ltd will decide, based on the available information, in whose favour the claim is settled.

‎ ‎ ‎ ‎ ‎ ‎ 10.4.6 The decisions to settle a claim may, depending on the willingness of the parties to settle the claim promptly, include:

‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ 10.4.6.1 The claim is settled in favour of the Buyer and the money is returned to the Buyer’s Yaga wallet right after the respective decision has been made; the prerequisite of the decision is the return of the goods to the Seller and the Seller’s confirmation of receipt of the goods at support@yaga.co.za.

‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ 10.4.6.2 The claim is settled in favour of the Seller and the money is released to the Seller’s Yaga wallet right after the respective decision has been made; the Buyer keeps the goods of the claim.

‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ 10.4.6.3 The claim cannot be resolved regardless of the efforts of Shop Yaga (Pty) Ltd. In this case, the money will remain in the account of Shop Yaga (Pty) Ltd until the Buyer and the Seller confirm that they have reached an agreement at support@yaga.co.za. If, within 1 month, the Buyer and Seller have not reached an agreement and the respective confirmation is not sent to support@yaga.co.za, Shop Yaga (Pty) Ltd will decide, based on the available information, the amount of money returned to the Buyer and/or Seller or whether the money will remain in the account of Shop Yaga (Pty) Ltd.

‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ ‎ 10.4.6.4 If an agreement is not reached in any of the ways listed above, the User has the right to turn to the National Consumer Commission  http://www.thencc.gov.za/ when buying goods from an economic or professional trader. If the private Seller operates outside the economic and professional field, the Users can turn to the court to resolve the dispute.

10.5 After resolving disagreements between Buyer and Seller, Shop Yaga (Pty) Ltd has the right to close the User account, inter alia, if:

‎ ‎ ‎ ‎ ‎ ‎ 10.5.1 The User has not fully cooperated with the complaint process and has not shown willingness to contribute to the resolution of the claim;

‎ ‎ ‎ ‎ ‎ ‎ 10.5.2 It becomes evident that the Seller has confirmed the shipping of the goods but has not actually shipped the goods to the Buyer;

‎ ‎ ‎ ‎ ‎ ‎ 10.5.3 The Buyer has not paid for the goods to be purchased despite the conclusion of the purchase agreement;

‎ ‎ ‎ ‎ ‎ ‎ 10.5.4 The User has filed an unsubstantiated claim against another User or provided false information;

‎ ‎ ‎ ‎ ‎ ‎ 10.5.5 There are repeated complaints about the Seller’s goods.

‎ ‎ ‎ ‎ ‎ ‎ 10.5.6 There is a suspicion of recurrently selling goods that do not correspond to the description and a suspicion of deliberate fraud.

11. PROCESSING PERSONAL DATA AND PRIVACY POLICY

11.1 Shop Yaga (Pty) Ltd collects only such personal data from the User that arise during the use of the Portal pursuant to the User’s activities on the Portal. Such data is, for example, data in the User’s profile, information provided during the sale of a product, and data saved from all other activities provided on the Portal (saving a product/another User, making a purchase, sending messages, etc.).

11.2 Shop Yaga (Pty) Ltd has the right to process data that Shop Yaga (Pty) Ltd has received from the User when logging into the Portal and that Shop Yaga (Pty) Ltd has asked during the use of the Portal or which is collected about the User when otherwise using the Portal for the purposes and to the extent specified in the Terms and Conditions.

11.3 The User consents to Shop Yaga (Pty) Ltd processing their personal data for the purposes and to the extent specified in the Terms and Conditions. The User has the right to withdraw the consent at any time, request the termination of the processing of personal data and the deletion or closure of the collected personal data, as well as the closure of the user account. The User can request the deletion or closure of the collected personal data, as well as the closure of the user account by contacting Shop Yaga (Pty) at support@yaga.co.za.

11.4 Shop Yaga (Pty) Ltd uses the User’s personal data to provide, develop, and personalise the Portal’s service.

11.5 Shop Yaga (Pty) Ltd has the right to use the User’s personal data and transfer them to third parties selected by Shop Yaga (Pty) Ltd to cooperate with them to ensure the quality and availability of Shop Yaga (Pty) Ltd services, as well as expand, improve, and otherwise develop the services offered by Yaga.

11.6 Shop Yaga (Pty) is the handler of personal data; Shop Yaga (Pty) transfers the personal data necessary for making payments to the authorized processor Peach Payment Services (Pty) Ltd, Ozow (Pty) Ltd, Mobicred (Pty) Ltd and other service providers, which processes personal data according to the rules prescribed for payment services. 

11.7 The user always has the right to ask questions related to the processing of the user's personal data, and additional information by contacting Yaga (Pty) Ltd at support@yaga.co.za. The User also always has the right to contact the authority supervising the protection of personal data, which in South Africa is the Information Regulator of South Africa (enquiries@inforegulator.org.za). 

12. AMENDING THE TERMS AND CONDITIONS

12.1 Shop Yaga (Pty) Ltd has the right to unilaterally amend the Terms and Conditions at any time due to the development of the Portal and the services offered and in the interest of their better and safer use.

12.2 Shop Yaga (Pty) Ltd undertakes to notify the User of any amendments to the Terms and Conditions by means of notices, messages, or e-mails published on the Portal.

12.3 Amendments to the Terms and Conditions take effect upon the publication of the corresponding amendment on the Portal, about which the Portal sends a notification to the User.

12.4 The User confirms their acceptance of the amendments to the Terms and Conditions by continuing to use the Portal after the respective amendments become effective.

13. FINAL PROVISIONS

13.1 Legal relations between the User and Shop Yaga (Pty) Ltd arising from the use of the Portal are governed by the laws of South Africa.

13.2 The User and Shop Yaga (Pty) Ltd will try to resolve disputes arising from the use of the Portal through negotiations. If an agreement is not reached, then depending on the nature of the case, the dispute will be resolved by South African Small Claims Court or Local Magistrates Court.

13.3 The Terms and Conditions are valid upon acceptance by the User and will remain in force during the validity of the legal relations between the User and Shop Yaga (Pty) Ltd. The User has the right to terminate the legal relations regulated by the Terms and Conditions at any time by fulfilling their existing obligations to Shop Yaga (Pty) Ltd and other Users beforehand.

13.4 All messages and information between the User and Shop Yaga (Pty) Ltd are exchanged electronically at support@yaga.co.za.

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