Terms and Conditions of Purchase

1:1Please take a moment to read these terms and conditions of purchase (“Terms”) to understand how they apply to the Products offered on the Sites. These Terms, together with the User Terms, Privacy Notice, and Cookie Notice and any provisions contained in the online registration and application process will make up the agreement (“Agreement”) between You and Us.

1:2You understand and agree that You have had an opportunity to read and understand these Terms and that in order to use the Services and purchase Products using the Sites You will need to click the “I Accept” box attached to these Terms, which will then be binding on You. If there is any provision in the Terms that You do not understand, please email [email protected] to contact Us.

1:3If You do not agree with any of these Terms You will not be able to use Our Services or purchase Products.

1:4Please note that in terms of the Consumer Protection Act 68 of 2008 (“CPA”) there are clauses in these Terms that require Your careful attention and consideration and You should ensure that You fully understand what they mean. These may limit Your rights, make You liable, or require You to indemnify the third party or confirm facts. To assist You and to specifically draw Your attention to these clauses, these terms appear in bold font. Nothing in these Terms 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 Us in terms of the CPA.

2:1In these Terms:

2:2Words importing any one gender shall include the other gender; the singular shall include the plural and the other way around; a reference to natural persons shall include created entities and vice versa (the other way around).

2:3If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, effect shall be given to it as if it were a substantive provision.

2:4When any number of calendar days is prescribed in these Terms, that number of days shall be reckoned exclusively of the first and inclusively of the last day.

2:5The rule of construction that an agreement is interpreted against the party responsible for drafting it shall not apply.

2:6The expiration or termination of these Terms will not affect any provisions which provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination.

2:7Records shall be binding on the Parties and are not merely for information purposes only.

2:8Any words, terms, and/or expressions used on the Sites and/or any other document incorporated by reference herein, shall bear the meanings given to them in these Terms unless the contrary is specifically stated.

2:9The provisions, information, and terms and conditions which apply as part of the process of registration as a user of the Services and on the Sites, in general, shall be binding on You and shall be incorporated by reference into these Terms. You acknowledge and agree that You have read and understood the provisions and information appearing on the Sites and any links therefrom accordingly.

3:1 OneCart is an online marketplace platform that connects users with Sellers for the purchase of Products

4:1You understand and acknowledge that the Services offered by OneCart and all transactions related thereto and recorded and agreed to in the registration process will be binding on You.

4:2You further acknowledge and understand that the conclusion of any required documentation takes place in an electronic format via the Sites and that tick boxes which are ticked by You constitute agreement to the document and/or provisions to which such tick box relates. No further physical signature or documentation will be required in order for the agreement to be reached.

4:3 You must register and set up a personal user account (“Account”) to use the Services and purchase Products. Our Sites will guide You through the steps You need to take to do so.

4:4You must be at least 18(eighteen) years of age to register and open an Account.

4:5Registration for and/or use by You of our Services constitutes Your acceptance and agreement to be bound by these Terms and the User Terms, Privacy Notice, and Cookie Notice.

4:6To register as a user, You will be required to provide certain personal information as well as a unique username and password. You will need to use Your unique username and password every time You wish to access the Site to use the Services.

4:7We are not responsible to verify any information provided by You to Us in registering or purchasing Products and You understand and agree that We will rely on the correctness of the information given by You to Us and hereby indemnify Us accordingly.

4:8 When You register and create an Account, You may be required to provide Us with credit and/or debit card and/or another form of payment information (Payment Information) which We use to facilitate payment with third-party payment processors.

4:9You are responsible for all activity that occurs under Your Account, and You agree to maintain the security and secrecy of Your Account username and password at all times. We accept no liability for any loss suffered or incurred from the unauthorised use of Your personal information, username,or password.

4:10Once the correct username and password relating to Your Account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, You will be liable for payment for Services, unless the order is canceled by You in accordance with these Terms.

4:11You will use Your username and password for Your personal use only and will not disclose it to any third party.

4:12You agree that You have provided accurate, up-to-date, and complete information about Yourself. We are not responsible for any error made as a result of such information being inaccurate.

4:13You agree to notify Us of any changes in Your information, including invalid or expired payment information, immediately if it occurs. If You do not do so, We may terminate this agreement.

4:14You may only possess one Account.

4:15We will take such steps, as We deem necessary, to verify whether, in completing the registration, You have provided Us with complete and accurate information about Yourself and Your Payment Information and You hereby agree to Us performing such verification.

4:16You agree to notify Us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of Your username and password and to take steps to mitigate any resultant loss or harm by contacting Us at [email protected] or telephonically on 0877018510.

4:17By creating an account, You agree that We may send You:

5:1 You hereby agree that all orders and any other communications which purport to originate from You and which are sent to Us electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by You at all, shall be deemed to have been given in the form actually received by us. You will be bound by such communication with no liability of whatever nature attaching to Us in regard thereto.

5:2You waive any rights You may have or obtain against Us arising directly or indirectly from any loss or damage of whatsoever nature which You may suffer as a result of the fact that We act on Your orders or communications, or orders or communications that purport to come from You and You indemnify OneCart against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that We acted on Your instructions/orders or instructions/orders which purport to come from You.

6:1OneCart provides an online platform that helps Sellers to grow their sales by finding new customers and facilitating the interaction and the transaction between customers and Sellers. OneCart is not the seller of the Products.

6:2The advertising of Products on the Sites is only an invitation by Sellers You to make an offer to purchase from the Sellers

6:3All Products displayed on the Sites are subject to availability and will be delivered only within the Republic of South Africa to designated areas.

6:4The sale and purchase of Products is solely between You and a Seller. We are not a party to that sale and OneCart.

6:5Once You have an Account, You may place orders for Products and upon checkout, You will be given the option to decide if You prefer any monetary balance (that may occur after the order has been collected, due to cheaper substituted Products or unavailable Products) to be refunded to Your bank account (if You paid by credit or cheque card) or have the balance credited to the digital OneCart wallet, which is automatically created upon the creation of Your Account (“OneCart Wallet”).

6:6Our Sites will guide You through the steps You need to take to purchase Products. All provisions and annotations contained in that prompted process shall form part of these Terms and shall be incorporated as part thereof so please read and check each page of the order process carefully.

6:7You must place Your order by indicating which Products You wish to add to Your basket before proceeding to check out

6:8The purchase price for the Product selected and the relevant administration and delivery fees (“Purchase Fees”) payable by You in receipt of the purchase of the selected Products (“Total Purchase Cost”) will appear on the checkout screen.

6:9We will send You an order confirmation once You have paid the Total Purchase Cost for the purchase transaction.

6:10The order confirmation will be deemed to be acceptance of Your offer to purchase the Products referred to therein.

6:11Placing Products in Your basket without completing the purchase cycle is not an order and such Products may be removed from the basket if stock is no longer available or the price thereof might change without notice to You. You cannot hold Us or the Seller liable if such Products 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.

6:12If a Seller is unable to supply You with a Product, for example, because that Product is not in stock, or no longer available, or because it cannot meet Your requested delivery date, or because of an error in the price on our Site, We will inform You of this by e-mail and We will not process Your order. We will give You the option of changing the order for an alternative available substitute Product from the same Seller which is substantially similar. You may select the alternative Products or elect to cancel the order. If You have already paid for the Products and choose alternatives that differ in Total Purchase Cost, We will make the necessary adjustments to the Total Purchase Cost payable by crediting Your OneCart Wallet or refunding You, alternatively if You choose to cancel the order, We will refund You the full amount paid by You in respect of that canceled order or credit it to Your OneCart Wallet.

6:13You may cancel an order at any time before collection of the Product on written notice to us. After delivery of the Products, You may return the Products only in accordance with the returns policy of the relevant Seller

6:14Products offered on the Sites are for sale only for domestic and private use. You agree not to purchase or use the Products for any commercial, business, or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6:15By placing an order for Products, You agree that OneCart may deliver confirmation and further information to You by Push Notification, telephonically, by e-mail, whatsapp or SMS, using the contact information You provided in Your Account.

6:16You hereby agree that OneCart may before or after delivery sends You electronic communications relating to Your order and/or the Service/s offered via the Sites from time to time, provided that You will be given the opportunity to cancel Your subscription to our mailing list at any time by providing Us with written notification to that effect.

6:17In terms of the Liquor laws and regulations of South Africa, it is an offence for any person under the age of 18 (eighteen) to purchase, or attempt to purchase, intoxicating liquor, or for any person over the age of 18 (eighteen) to buy intoxicating liquor on behalf of any person under the age of 18 (eighteen). OneCart is merely facilitating the delivery of liquor on behalf of a licensed Seller on the Site. OneCart is committed to upholding both their legal and social obligations as a distributor of liquor on behalf of licensed retailers. Accordingly, OneCart reserves the right to request formal identification of any person accepting delivery.

7:1You will be charged the prices that are reflected on the Sites, subject to availability. Prices may change on a daily basis.

7:2You will be charged delivery fees and service fees that are reflected on the Sites during the check-out process (“Purchase Costs”).

7:3The total amount payable by You in respect of the purchase of a Product shall be made up of the Purchase Price and the Purchase Costs. (“Total Purchase Cost”)

7:4The Total Purchase Costs are indicated on our Site during the check-out process before You confirm Your order. The Total Purchase Costs will be payable upon checkout.

7:5The price of the Products is indicated on our Sites and includes value-added tax (“VAT”) (where applicable) at the applicable current rate chargeable in South Africa for the time being.

7:6Special promotions, special offers, discounts, and coupons may be subject to certain conditions, including stock availability and limited offer stipulations which are to be found on the Sites. Special promotions, special offers, discounts, and coupons are related to the purchase of the Products via OneCart. OneCart may not offer the same specials as the Supplier may offer for in-store purchases of the same Products.

8:1You can pay for Your Products using a debit card or credit card (Mastercard and Visa).

8:2Payment for Your Products must be made in advance by paying the Total Purchase Cost.

8:3We are committed to providing secure online payment facilities. We take reasonable steps to secure Your Payment Information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of transaction concerned.

8:4Your Payment Information will need to be uploaded each time You make a new order.

8:5Please note that all payments are made through a third-party payment processer. We give all Your personal details and card details and other Payment Information to such third-party payment processors. By giving Us Your Payment Information, You are consenting to such third-party having access thereto and use thereof in order to process payment to us.

8:6We will not retain information relating to Your payment or credit card. This Payment Information never comes into Our control. The Payment Information is given into a page which is in reality a page of Our third-party payment processing provider. For details about the disclosure of personal information and Payment Information please see Our Privacy Notice.

8:7By submitting Your order, identity number, and payment card details You warrant that You are fully authorised to use Your chosen payment method and that We will not be liable for any incorrect details given by You to Us. You also warrant that You have sufficient available funds to cover all costs incurred as a result of Your purchases on the Sites and any costs associated with collecting payments.

8:8If a payment fails, We have the right to withhold delivery until payment has been made via an alternative payment option.

9:1 We will use our best endeavors will be used to deliver the Products within approximately 2(two) hours to the address supplied by You in Your Account, however delivery within 2(two) hours is not guaranteed and You will not have any claim against Us or the Seller or the Deliverer if the delivery is delayed for any reason whatsoever.

9:2You may be asked to sign a duplicate copy of the delivery note to confirm receipt of the Products.

9:3For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than Yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on Your behalf and You hereby indemnify Us accordingly. Only You or Your duly appointed representative may receive the Products.

9:4All deliveries including alcoholic beverages must be accepted by the registered User, who is capable of proving that he or she is 18(eighteen) years of age or older and can provide a valid form of government-issued identification at the time of delivery. If there is no individual who is 18(eighteen) years of age or older or cannot provide valid identification showing that he or she is 18(eighteen) years of age or older, the deliverer will not complete delivery of the Products. Additionally, if the Deliverer is unable to contact You at the specified delivery address for 10 or more minutes, all Products will be removed from the order and returned to the Seller. We retain the right to charge a delivery fee and a restocking fee in this instance, implemented at our discretion.

9:5The obligation to deliver Products to You is fulfilled when the delivery of the Products is made to the physical address nominated by You for delivery in Your Account. We are is not responsible for any loss or unauthorised use of the Products, after they have been delivered to such address.

9:6Where We have outsourced all delivery and collection arrangements to third-party service providers, We cannot, to the extent permitted by law, be liable for any loss or delay caused by them. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.

10:1Risk and ownership in the Products shall pass to You on delivery.

11:1You acknowledge that the stock of all Products on offer is limited and that pricing may change at any time without notice to You. We cannot guarantee the availability of stock. When Products are no longer available after You have placed an order, We will notify You and You will be entitled to choose between a refund of any amount already paid by You for such Products, a credit to Your OneCart Wallet, or substitution with different Products. If You opt to substitute the unavailable Products with different Products, Your Account or OneCart Wallet, as the case may be, will be charged/refunded or credited according to the price of the new products chosen.

11:2 We rely on inventory information supplied by the relevant Seller and We accordingly bear no liability for any inaccuracies in the information supplied to Us related to any Product.

11:3We reserve the right to discontinue or change the specifications of the Products from time to time without notice. We will inform You as soon as possible within 20 (twenty) minutes if any Products ordered by You are not available.

11:4We regret that no order will be accepted if We identify a material error in the description of any Products or their prices on the Sites.

11:5The images of the Products on our Sites are for illustrative purposes only. Although We have made every effort to display the Products accurately, Your Products may vary slightly from those indicated in the images. The packaging of the Products may also vary from that shown on images on our Sites.

11:6We shall take all reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Products on the Sites. However, should there be any errors of whatsoever nature (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.

11:7 We shall not be bound by any incorrect information regarding Products or our Services displayed on any third-party websites.

12:1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an Event Outside Our Control, as explained in this clause.

12:2An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

12:3 If an Event Outside Our Control takes place that affects the performance of our obligations under an order, We will contact You as soon as reasonably possible to notify You, and our obligations under any order will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our delivery of Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.

12:4You may cancel an order affected by an Event Outside Our Control.

13:1Coupons refer to the coupons which provide You with price reductions, discounts, or the equivalent value in collectable points, on the selected Products as indicate on the Sites, or to reward coupons received by You for points collected ("Coupons").

13:2The Coupons on our Sites, or linked to our Sites, are only redeemable on our Site.

13:3Each Coupon can only be used once by each validated OneCart customer. In the event a coupon is found to have been applied to multiple profiles belonging to the same customer, the value of those misused coupons may be recouped by OneCart.

13:4Coupons may not be exchanged or redeemed for cash and no change will be given on the Coupon.

13:5Coupons cannot be used in conjunction with any other promotion.

13:6Coupons or rewards are only valid for a limited time period. The expiry date will be specified in the terms of the deal itself on the Sites and in the communication containing Your deals.

14:1 OneCart may from time to time, in sole discretion offer to create promotional codes that may be redeemed for credit, or other features or benefits related to the Products and/or Services and/or a Third-Party Provider’s services subject to any additional terms that We establish.

14:2From time to time, We may offer certain products at discounted prices. These “specials” will be subject to certain conditions, which define the scope of the special.

14:3If You buy Products within the scope of a special, You will pay the discounted price for those Products (the “Special Price”). However, if You buy Products in a manner that falls outside of the scope of a special, then You will pay the then-current (non special) selling price on the Sites (the “Normal Price”), for each of the Products that fall outside the scope of the special.

15:1 Undertaking By OneCart

15:2 Cooling Off Rights And Cancellation

15:3 Hygiene and Pharmaceutical Products

16:1By accepting these Terms, You confirm, acknowledge, and agree, with express consent, that We may collect and process Your Personal Information in terms of our Privacy Notice which You have read, understood, and agreed to as part of Your registration.

17:1You have elected the marketing options set out in the registration and agree We are entitled to rely on such an election.

18:1The contact details contained in Your Account will be regarded for all purposes as the legal address where legal and other notices and statements can be delivered to You (“Notice Address”).

18:2Your contact details include a cellular phone number, physical address, and email address.

18:3You may change Your contact details by visiting the My Account section of the Sites or by emailing [email protected].

18:4We choose the following address as Our address for legal notices: Massmart Game Head Office, 2nd Floor, 16 Fredman Drive, Sandown 2031.

18:5Any communications in connection with this Agreement must be sent via email to the email addresses referred to in this clause 18. For delivery of the legal process, You must use our physical address set out in this clause 18. OneCart will serve the legal process to You at the physical address in Your Account.

18:6Any notice or communication required or permitted to be given in respect of the provisions of this Agreement will be valid and effective if sent to Your Notice Address.

18:7Any notice sent by prepaid registered post will be deemed to have been received on the 5th (fifth) Business Day after posting, or sent by ordinary mail will be deemed to have been received on the 7th (seventh) Business Day after posting, or delivered by hand will be deemed to have been received on the day of delivery, or sent by email will be deemed to have been received on the 1st (first) Business Day after the date it was sent

18:8 A written notice or communication which is actually received by You will be an adequate written notice or communication to You.

19:1You understand and agree that We provide an online marketplace for the purchase of Products from Sellers. We are in no way responsible for:

19:2You use our Sites and the Services at Your own risk and You assume full responsibility for any risk or loss resulting from the use of the Sites and/or the Services or reliance on any information on the Sites.

19:3 OneCart does not guarantee the suitability and ability of Sellers.

19:4 Neither OneCart, nor any officer, director, employee, shareholder, or agent of OneCart shall be liable to the User or any third-party for any claims relating to the purchase, sale, delivery, and/or consumption of the Goods or any consequences which may result thereof. Please read any warranty documents that may come with the Products so that You understand the terms and conditions thereof.

19:5OneCart shall not be liable to You or any third party for any loss or damage of whatsoever nature in the event that You request that an order is stopped or canceled.

19:6 You agree to indemnify and hold OneCart its officers, directors, employees, and agents harmless from any and all loss, liability, claim, costs, charges, damages, and outgoings of every description (including legal costs and expenses), the compensation payable under contracts, loss of normal operating profits, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest, and penalties, which may be suffered and/or incurred by You or a third party arising out of or in connection with:

20:1These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

20:2We offer the following process to help You resolve a complaint or dispute You may have with us.

20:3Any queries or complaints in relation to our Sites or Services can be submitted to Us by contacting Us using the information provided under "Contact Us" on our Sites or by contacting Us at [email protected].

20:4Without prejudice to Your rights in law, You are required to first approach Us with any complaint or dispute and afford Us an opportunity to resolve a complaint before You approach any relevant authority, court, or other dispute resolution body, or refer the matter to arbitration.

20:5Please direct all legal disputes to [email protected]. Your complaint should include the following

20:6General