Terms & Conditions

1. Acceptance of Terms

By registering an account, placing orders, or using any services on MakhiMarket, you agree to be bound by these Terms and Conditions, our Privacy Policy, and all applicable South African laws and regulations.

If you do not agree with any part of these terms, please do not use our services.

2. User Accounts

To shop with MakhiMarket, you must:

• Be at least 18 years old or have parental consent
• Provide accurate and complete registration information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3. Orders & Payments

3.1 Placing Orders

When you place an order, you make an offer to purchase products at the advertised price. We reserve the right to accept or decline your order for any reason, including product availability, pricing errors, or suspected fraudulent activity.

3.2 Pricing

All prices are displayed in South African Rand (ZAR) and include VAT unless otherwise stated. We make every effort to ensure accurate pricing, but errors may occur. If we discover a pricing error, we will contact you before processing your order.

3.3 Payment Methods

We accept payment via PayFast, PayPal, and other approved payment methods. Payment must be received before order processing begins.

3.4 Platform Payment Processing

IMPORTANT: MakhiMarket operates as a payment intermediary for all marketplace transactions. By using our platform, both customers and vendors explicitly acknowledge and agree that:

• All payments are made to MakhiMarket, not directly to vendors
• MakhiMarket processes, receives, and holds all customer payments
• Customers authorize MakhiMarket to receive payments on behalf of vendors
• MakhiMarket acts as the payment collection agent for all vendor transactions
• Payment to MakhiMarket constitutes payment to the vendor under South African law

3.5 Vendor Payment Processing & Disbursement

Vendors acknowledge and agree that payment disbursement from MakhiMarket is subject to the following terms:

3.5.1 Payment Hold Period

MakhiMarket holds vendor payments for a minimum period before disbursement. This hold period may vary based on:

• Standard hold period: 3-7 business days from customer payment confirmation
• New vendor hold period: 7-14 business days for vendors with less than 90 days of platform history
• High-risk hold period: Up to 30 business days for vendors flagged for quality issues, disputes, or compliance concerns
• Extended holds: Additional hold periods may apply for legal, regulatory, or fraud prevention reasons

3.5.2 Reasons for Payment Holds

MakhiMarket reserves the right to hold, delay, or withhold vendor payments for any of the following reasons:

• Pending customer disputes, chargebacks, or refund requests
• Quality complaints or product safety concerns
• Suspected fraud, policy violations, or terms breaches
• Regulatory compliance, tax verification, or legal holds
• Account verification or identity confirmation requirements
• High refund rates or customer complaint patterns
• Insufficient business documentation or licensing
• Reserve requirements for chargebacks or returns
• Any other reason MakhiMarket deems necessary for platform protection

3.5.3 Payment Processing Fees

All vendor payments are subject to MakhiMarket's platform fees, which may include:

• Transaction fees (percentage of sale price)
• Platform commission fees
• Payment processing fees
• Currency conversion fees (if applicable)
• Chargeback fees
• Administrative fees

Fees are deducted before disbursement to vendors. Fee structures may change with notice.

3.5.4 Reserve Accounts

MakhiMarket may require vendors to maintain a reserve account, holding a percentage of payments to cover potential refunds, chargebacks, or disputes. Reserve terms include:

• Reserve amounts: 5-25% of monthly sales (at MakhiMarket's discretion)
• Reserve hold period: 30-180 days
• Release conditions: Subject to MakhiMarket approval and performance metrics

3.5.5 Customer Payment Acknowledgment

Customers acknowledge and agree that:

• Payment to MakhiMarket satisfies your payment obligation to vendors
• MakhiMarket's payment processing timeline does not affect your purchase
• Vendors have no direct claim against you for payment delays
• Refunds and returns are processed through MakhiMarket, not vendors directly
• Payment disputes must be raised with MakhiMarket within 30 days of purchase

3.5.6 Vendor Payment Rights (Limited)

Vendors have no automatic right to immediate payment. Payment disbursement is entirely at MakhiMarket's discretion, subject to:

• Successful order fulfillment and delivery confirmation
• No customer disputes or quality complaints
• Completion of hold periods
• Compliance with all vendor policies and terms
• Provision of required tax and banking documentation
• Account in good standing with no policy violations

3.5.7 Chargebacks and Refund Liability

Vendors are fully liable for all chargebacks, refunds, and payment disputes. MakhiMarket may:

• Deduct chargeback amounts from vendor payments or reserves
• Charge additional chargeback processing fees (R150-R500 per chargeback)
• Suspend vendor accounts with excessive chargeback rates (>1% of transactions)
• Recover chargeback amounts from future vendor sales
• Pursue legal action to recover losses from chargebacks

3.5.8 South African Legal Compliance

This payment processing arrangement complies with:

• The National Payment System Act, 1998
• The Financial Intelligence Centre Act (FICA)
• The Consumer Protection Act, 2008
• South African Reserve Bank regulations
• Value-Added Tax Act requirements

MakhiMarket operates as a licensed payment facilitator under South African law and maintains all necessary regulatory compliance.

3.6 Payment Disputes and Errors

If you believe there is an error in payment processing, you must notify MakhiMarket within 30 days. MakhiMarket will investigate but is not obligated to reverse payments or fees. All payment processing decisions are final unless required by law to be reversed.

4. Delivery Policy

MakhiMarket delivers fresh groceries and everyday essentials to Pretoria & surrounding areas.

• Delivery times are estimates and may vary due to traffic or weather
• You must be available to receive deliveries at the specified address
• We are not responsible for delays caused by incorrect addresses
• Perishable items must be collected promptly to maintain freshness
• Delivery fees apply and are calculated at checkout

For questions about your delivery, please contact our support team.

5. Product Information

We strive to provide accurate product descriptions, images, and information. However:

• Product images are for illustration purposes and may vary slightly from actual items
• Product availability is subject to change without notice
• We reserve the right to substitute similar products if an item is unavailable
• Always check product labels for allergen and nutritional information

6. Returns & Refunds

Your satisfaction is important to us. We offer refunds or replacements for:

• Damaged or defective products upon delivery
• Incorrect items delivered
• Products that don't match their description
• Expired or spoiled perishable goods

7. Privacy & Data Protection

7.1 Consent to Data Collection

By accessing, browsing, registering on, or continuing to use the MakhiMarket platform, you explicitly consent to the collection, processing, storage, and use of your personal information and usage data as described in these Terms and Conditions and our Privacy Policy.

7.2 Information We Collect

We collect comprehensive information to provide, improve, and optimize our services, including but not limited to:

• Personal identification information (name, email, phone number, physical address)
• Payment and billing information
• Order history, purchase patterns, and shopping preferences
• Browsing behavior, search queries, and product viewing history
• Device information (IP address, browser type, operating system, device identifiers)
• Location data (GPS coordinates, delivery addresses)
• Communications with customer support and vendors
• Social media profile information (when connected)
• Cookies, web beacons, and similar tracking technologies
• User-generated content (reviews, ratings, comments, photos)
• Any other information you voluntarily provide

7.3 How We Use Your Data

MakhiMarket reserves the right to use your collected data for any purpose we deem appropriate, including but not limited to:

• Processing orders, payments, and delivering products
• Improving user experience through research, analytics, and testing
• Personalizing product recommendations and marketing communications
• Conducting market research, trend analysis, and business intelligence
• Developing new features, products, and services
• Training artificial intelligence and machine learning models
• Creating aggregated and anonymized datasets for internal and external use
• Marketing, advertising, and promotional campaigns (including third-party partners)
• Fraud prevention, security monitoring, and legal compliance
• Sharing with vendors, service providers, and business partners
• Communicating about platform updates, promotions, and new offerings
• Any other legitimate business purpose as determined by MakhiMarket

7.4 Data Sharing and Third Parties

We may share your information with:

• Third-party vendors selling products on our platform
• Payment processors and financial institutions
• Marketing and advertising partners
• Analytics and research service providers
• Cloud hosting and infrastructure providers
• Delivery and logistics partners
• Business partners and affiliates
• Legal authorities when required by law
• Potential buyers in the event of business sale or merger

7.5 User Experience Research

By using MakhiMarket, you consent to participate in ongoing user experience research, which may include:

• A/B testing of features, designs, and functionality
• Behavioral tracking and session recordings
• Heatmaps and click-tracking analysis
• Surveys, feedback forms, and user interviews
• Usability testing and user journey analysis
• Analysis of purchase patterns and shopping behaviors

7.6 Data Retention

We retain your data for as long as necessary to fulfill the purposes outlined in these Terms, comply with legal obligations, resolve disputes, and enforce our agreements. Even after account deletion, we may retain certain data for legitimate business purposes, legal compliance, or in anonymized form indefinitely.

7.7 Your Rights (Limited)

While we comply with the Protection of Personal Information Act (POPIA) and applicable South African data protection laws, your rights are subject to our business needs and legal obligations. You may request to:

• Access your personal data (subject to verification and processing fees)
• Correct inaccurate information (subject to our approval)
• Request data deletion (we may refuse if retention is necessary for business or legal purposes)
• Opt-out of marketing communications (core service communications will continue)

Note: Exercising these rights may limit or prevent your ability to use MakhiMarket services.

7.8 Cookies and Tracking Technologies

By using our platform, you consent to our use of cookies, web beacons, pixels, and similar tracking technologies. These technologies help us understand user behavior, personalize your experience, and deliver targeted advertising. You can disable cookies in your browser, but this may limit functionality.

7.9 Changes to Data Practices

We reserve the right to modify our data collection and usage practices at any time. Continued use of the platform after changes constitutes acceptance of the updated practices.

For more details, please read our comprehensive Privacy Policy.

8. Community Standards

MakhiMarket serves the local Pretoria community with pride. We expect all users to:

• Treat our staff and delivery personnel with respect
• Provide honest reviews and feedback
• Not engage in fraudulent or abusive behavior
• Respect our commitment to serving the community

We reserve the right to suspend or terminate accounts that violate these standards.

9. Multi-Vendor Marketplace & Third-Party Liability

9.1 Platform Provider Role

MakhiMarket operates as a multi-vendor marketplace platform that connects independent third-party vendors with customers. We act solely as an intermediary platform and are NOT the seller, manufacturer, or supplier of products listed by third-party vendors.

9.2 Vendor Responsibility

Each vendor on MakhiMarket is an independent business entity responsible for:

• Product quality, safety, authenticity, and compliance with all applicable laws
• Accurate product descriptions, pricing, and availability information
• Product packaging, labeling, and expiration date management
• Handling product recalls, defects, or safety issues
• Compliance with health, safety, and food handling regulations
• Payment processing and order fulfillment
• Customer service for their products

9.3 MakhiMarket Exemption from Vendor Actions

MakhiMarket expressly disclaims all liability and responsibility for:

• Quality, safety, legality, or authenticity of vendor products
• Accuracy of vendor product listings, descriptions, or images
• Vendor compliance with food safety, health, or consumer protection laws
• Product defects, contamination, spoilage, or expiration
• Allergic reactions, food poisoning, or illness from vendor products
• Vendor business practices, policies, or customer service
• Vendor fraud, misrepresentation, or misconduct
• Intellectual property infringement by vendors
• Disputes between vendors and customers
• Vendor failure to fulfill orders or deliver products

9.4 User-Vendor Transactions

You acknowledge and agree that:

• Transactions are between you and the vendor directly
• MakhiMarket is not a party to any sale agreement between you and vendors
• You must verify product information directly with vendors
• You assume all risk when purchasing from third-party vendors
• MakhiMarket does not guarantee vendor product quality or performance
• Payment disputes should be resolved with the vendor or payment processor

9.5 Vendor Screening & Monitoring

While MakhiMarket may screen vendors before granting marketplace access and may monitor vendor activity, we make no warranties or representations about:

• Vendor legitimacy, reliability, or trustworthiness
• Vendor compliance with laws or regulations
• Vendor product quality or safety standards
• Vendor financial stability or ability to fulfill orders

Our screening and monitoring does not constitute endorsement or guarantee of any vendor.

9.6 User Responsibilities When Dealing with Vendors

When purchasing from vendors, you must:

• Conduct your own due diligence on vendors and products
• Check product labels for allergens, ingredients, and expiration dates
• Report suspicious vendor activity or products to MakhiMarket immediately
• Inspect products upon delivery and report issues within 24 hours
• Comply with all terms and policies set by individual vendors
• Not engage in fraudulent chargebacks or abuse of vendor return policies

9.7 Vendor Removal & Suspension

MakhiMarket reserves the right to suspend or remove vendors from our platform at any time, with or without notice, for any reason including:

• Violation of MakhiMarket vendor policies
• Customer complaints or quality concerns
• Legal or regulatory violations
• Fraudulent or deceptive practices
• Safety or health risks

However, vendor removal does not create any liability or obligation on MakhiMarket for past vendor actions.

9.8 Dispute Resolution with Vendors

If you have a dispute with a vendor:

• Contact the vendor directly first to attempt resolution
• If unresolved, you may report the issue to MakhiMarket for mediation assistance (not arbitration)
• MakhiMarket may provide mediation but is not obligated to resolve vendor disputes
• Legal action must be taken against the vendor, not MakhiMarket
• MakhiMarket's total liability, if any, is limited to platform service fees paid

10. Limitation of Liability

While we strive for excellence, MakhiMarket and its staff are not liable for:

• Indirect or consequential damages arising from product use
• Allergic reactions (please check product labels carefully)
• Delays caused by circumstances beyond our control
• Issues arising from incorrect delivery addresses provided by customers

Our liability is limited to the value of the products purchased.

11. Changes to Terms

We may update these Terms and Conditions from time to time to reflect changes in our practices or for legal reasons. Changes will be posted on this page with an updated "Last Modified" date.

Your continued use of MakhiMarket after changes are posted constitutes acceptance of the updated terms.

12. Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes will be resolved in the courts of South Africa.