Terms of use

LAST REVISED ON: JANUARY 23, 2023

The website located at https://www.mysideshop.co.za/ is a copyrighted work belonging to Socii digital PTY LTD t/a My Side Shop (“Company”, “us”, “our”, and “we”). Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these terms.

THESE TERMS OF USE (THESE “TERMS” OR THIS “AGREEMENT”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE. MINORS UNDER 18 AND AT LEAST 13 YEARS OF AGE ARE PERMITTED TO USE THE SITE ONLY THROUGH AN ACCOUNT OWNED BY THEIR PARENT OR LEGAL GUARDIAN WITH APPROPRIATE PERMISSION AND UNDER THEIR DIRECT SUPERVISION. CHILDREN UNDER 13 ARE NOT PERMITTED TO USE THE SITE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

  1. ACCOUNTS

1.1 Account Creation.

In order to use certain features of the site, you must register for an account (“Account”) and provide certain information about yourself to us as part of the registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and that you will not submit any false or misleading information during any registration process; (b) you will maintain the accuracy of all such information; and (c) you will not impersonate nor allow any other person to impersonate any other licensee, user, or customer of Company. By creating your account you agree to the 5% fee on sales that will go to Socii. You may delete your account at any time, but you will give 1 month’s notice when cancelling your subscription. The company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and the confidentiality of any sensitive, personal, or other data or information accessed through the Site. You are fully responsible for all activities that occur under or through your Account. You agree to immediately notify the Company of any unauthorised use, or suspected unauthorised use of your Account or any other suspected breach of security with respect to the Site. You shall not share your Account login information (e.g., username and password) with any other person, whether or not such person has been authorised to access the Site, and you shall not display or present the Site to any person not authorised to access the Site. The company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Payments are made weekly for orders that have been delivered. Furthermore, you agree to immediately report to Company and use best efforts to immediately stop any known or suspected copying, distribution, or misuse of the Site, or data or information from the Site, arising in any way in connection with your Account and/or your access to the Site.

  1. ACCESS TO THE SITE

2.1 Licence.

Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Site solely for your own internal business purposes in a manner consistent with the intended and normal functioning of the Site.

2.2 Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not licence, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) all information, data, images, graphics, or other materials accessed via the Site, whether as screenshots or downloaded in exportable reports, is available for your use during the term of this Agreement only and you agree not to remove any copyright, trademark or proprietary notices contained on the Site (or provided through the Site), including without limitation any such notices on any documents, graphics, reports, information, data, screenshots and other materials downloaded, copied, stored, printed or otherwise retrieved through the Site. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

2.3 Modification.

Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance.

You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content, are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.

  1. USER CONTENT

3.1 User Content means any and all information and content that a user submits to, or uses with, the Site, including without limitation personal data relating to an identified or identifiable natural person. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by the Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 Licence.

You hereby grant (and you represent and warrant that you have the right to grant) to the Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide licence to process, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights to our suppliers (including without limitation our data processors), solely for the purposes of including your User Content in the Site and of providing you the features delivered through the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy.

The following terms constitute our Acceptable Use Policy:

(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content:

(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;

(iii) that is harmful to minors in any way; or

(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, including without limitation laws or regulations related to data privacy, digital and other marketing, and the transmission of technical or personal data. Additionally, you agree to keep all data obtained through the Services secure and to handle such data with care and in accordance with GDPR and other industry-standard security measures and procedures.

(b) In addition, you agree not to:

(i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data;

(ii) send through the Site unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

(iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, in a manner that is not intended or permitted by the normal functionality of the Site;

(iv) interfere with, disrupt, or create

an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;

(v) attempt to gain unauthorised access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;

(vi) harass or interfere with any other user’s use and enjoyment of the Site;

(vii) use software or automated agents or scripts to produce multiple accounts on the Site or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site and instead only to generate and export the minimum number of reports reasonably necessary to service your existing clients in the ordinary course of your business (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the public pages of the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to any parameters we may set forth in our robots.txt file); or

(viii) build or improve a competitive product or service.

3.4 Enforcement.

We reserve the right (but have no obligation) to review any User Content and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback.

If you provide the Company with any feedback or suggestions regarding the Site (Feedback), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

  1. INDEMNIFICATION

You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. THIRD-PARTY MATERIALS; OTHER USERS

5.1 Third-Party Materials. The Site contains data from and links to third-party websites and services (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of the Company, and the Company is not responsible for any Third-Party Materials. The Company provides access to Third-Party Materials only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk and should apply a suitable level of caution and discretion in doing so. When you use or access any Third-Party Materials, the applicable third party’s terms and policies may apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.

5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as a result of any such interactions. Specifically, you acknowledge, understand, and agree that, among other features, the Site allows the identification and initiation of direct communications, interactions, and transactions with “Creators,” which for the purposes of this Agreement means any individual, entity, or other organisation and its affiliates, including, without limitation, social media influencers, offering to create promotional media content. We cannot and do not control the legality or suitability of the communications, interactions, transactions, or relationships resulting therefrom. If there is a dispute between you and any Site user, we are under no obligation to become involved.

5.3 RELEASE

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Materials).

  1. DISCLAIMERS

The Site is provided on an “as-is” and “as available” basis, and to the maximum extent permitted by law, the Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties

or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use. Furthermore, we are not responsible for, and disclaim any and all liability related to, any contracts entered with Creators and any and all related interactions or transactions made or facilitated through the Site. Any such interactions or transactions will be made at each Site user’s own risk. Any Creators displayed on the Site are independent organisations and not contractors, agents, or employees of the Company.

We do not have control over the performance, value, quality, timing, or legality of any services actually delivered by Creators, and we do not make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Creators, or the integrity, responsibility, or actions of such Creators. The Company is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Creator or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

  1. LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall the Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use, the Site, or your interactions or transactions with Creators through the Site, even if the Company has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action) will at all times be limited to a maximum of the greater of the fees paid by you to us in connection with your use of the Site in the 12 months prior to the act that gave rise to the liability. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement. You and the Company agree that regardless of any statute or law to the contrary, any claim or cause of action against the Company arising out of or related to this agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  1. TERM AND TERMINATION

Subject to this Section, these Terms will remain in full force and effect while you use the Site (the “Term”). We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use or suspected use of the Site in violation of these Terms, or if the ordering agreement governing your use of the Site is cancelled, terminated, or otherwise expires (which automatically terminates your rights to use the Site). Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, all sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, Sections 2.2 through 2.5, Section 3, and Sections 4 through 11.

  1. COPYRIGHT POLICY

In compliance with South African copyright law, the Company recognizes and upholds the intellectual property rights of all individuals and thus expects all users of our Site to adhere to the same standards. To ensure such compliance, we have implemented a policy that aligns with South African copyright law. This policy empowers us to remove any infringing materials and terminate the online access of any user found to be a repeat infringer of intellectual property rights, including copyrights. Should you suspect that any user is infringing on the copyright(s) of a work through the use of our Site, and you wish to have the allegedly infringing material removed, you must provide a written notification, as required under the South African Copyright Act, to our designated Copyright Agent, whose details will be provided by the Company.

  • Your physical or electronic signature
  • Identification of the copyrighted work(s) that
  • You claim to have been infringed
  • Identification of the material on our services that you claim is infringing and that you request us to remove
  • Sufficient information to permit us to locate such material
  • Your address, telephone number, and email address
  • A statement that you have a good faith belief that use of the objectionable material is not authorised by the copyright owner, its agent, or under the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorised to act on behalf of the copyright owner

According to South African copyright law, it should be noted that any misrepresentation of material fact (falsities) in a written notification of copyright infringement will automatically make the complaining party liable for all damages, costs, and attorney’s fees incurred by the Company in connection with the notification and allegation of copyright infringement, in accordance with the relevant provisions of the South African Copyright Act.

  1. CONFIDENTIALITY

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Our Proprietary Information includes, without limitation, any non-public information regarding features, functionality, and performance of the Site. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information and (ii) not to use (except in the provision of the Site or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document: (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without the use of any Proprietary Information of the Disclosing Party or is required to be disclosed by law. Notwithstanding anything to the contrary, we shall have the right to collect and analyse aggregated data and other de-identified information relating to the provision, use, and performance of various aspects of the Site and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom), and we shall be free (during and after the term hereof) to use such aggregated and de-identified information and data to improve and enhance the Site and for other development, diagnostic, and corrective purposes in connection with the Site and our business, consistent with our Privacy Policy, available at https://www.mysideshop.co.za/

  1. GENERAL

11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason, is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

11.2 Any dispute arising from or related to this agreement shall be resolved through arbitration in accordance with the laws of South Africa. The arbitration shall take place in a location mutually agreed upon by the parties, and the language used shall be English. The arbitration shall be conducted in accordance with the Arbitration Foundation of Southern Africa’s rules, and the arbitrator shall have extensive experience in resolving intellectual property and commercial contract disputes. Any award rendered by the arbitrator may be enforced by any court having jurisdiction thereof. Each party retains the right to seek interim relief from a court of competent jurisdiction in South Africa pending the outcome of the arbitration. The parties hereby agree to submit to the exclusive jurisdiction of the courts of South Africa for any action brought pursuant to this agreement.

11.3 Export. The Site may be subject to the laws of the Republic of South Africa in relation to export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, in contravention of any of those laws and regulations, including the technical data acquired from the company or any products utilising such data, in violation of the South African export laws or regulations.

11.4 Electronic Communications. The communications between you and the company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the company in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.5 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Companies may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

11.6 Copyright/Trademark Information. Copyright © 2023 SOCii Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties that may own the Marks.

Contact Information:

Name: Elmar Gouws, CEO

Address: 29 Blesbok Ave , Hutten Heights, Newcastle, 2940

Email: elmargouws10@gmail.com

Stores Terms & Conditions

  1. Introduction

1.1. You have arrived at our terms and conditions for Stores. These terms and conditions, together with our terms and conditions on our Site, namely: Terms and Conditions of this Site, User Agreement, Billing Statement, the Rating Systems Rules, Listing Policy, Verified User Agreement, Privacy Statement, Affiliate Terms and Conditions, SMS Terms and Conditions, and our Mobile Device Terms and Conditions (the “Site terms and conditions”) form part of this Agreement. These Terms and Conditions referred to above can be found by navigating to the Socii digital PTY LTD t/a My Side Shop terms.

1.2. This Agreement is a binding agreement between you and Socii digital PTY LTD t/a My Side Shop. It also sets out some of the terms and conditions governing your Store and the selling of goods, products, and services from your Store on this Site, so please read it carefully. Please note that you are required to accept the Site terms and conditions before Socii digital PTY LTD t/a My Side Shop will open your Store. If you are uncertain or do not agree with the terms and conditions below or any of the Site terms and conditions, then you should not accept them, which will result in Socii digital PTY LTD t/a My Side Shop declining your application for a Store.

  1. Attributes of a Store Owner – Do You Have What It Takes?

2.1. Owners of Stores must strive to achieve exceptional “customer service” and ensure that the user’s experience at the Store is highly satisfying for the user and will encourage the user to return to the Store.

2.2. Owners of Stores must employ sound business acumen at all times and conduct themselves and the Stores in an honest, friendly, and in a commercially sensible manner and immediately take action to resolve any user complaint or query in an efficient and effective manner.

  1. Store

3.1. A thumbnail image of your Store logo will appear in all your listings with a link to click through to your Store;

  • An image of your Store logo on your Store page;
  • A static banner at the top of your Store page to use for branding of your Store (no destination URL in the banner);
  • Inclusion of your Store name in the Socii digital PTY LTD t/a My Side Shop Stores directory;
  • A Socii digital PTY LTD t/a My Side Shop web address to promote your Store.
  • Shipping options set up as per the Socii digital PTY LTD t/a My Side Shop shipping template;
  • EFT included as one of the payment options offered to buyers;
  1. Store Owner – Do You Qualify?

4.1. In order to qualify for a Socii digital PTY LTD t/a My Side Shop Store, you must meet all of the following criteria:

4.1.1. You must be a registered juristic entity, such as a company, close corporation, or trust, and must be registered for VAT.

4.1.2. Your credit record must be positive and free from any faults, judgments, or adverse listings, and you must have a sound trading history.

We reserve the right to carry out an investigation on your trading history with the major credit bureaus and any other source that will enable us to make an informed decision on whether or not to grant you a Store. Acceptance of our terms and conditions provides us with the necessary consent to carry out necessary investigations.

4.1.3. You must have an unblemished track record with Socii digital PTY LTD t/a My Side Shop, and you must have been a Seller for not less than 6 months.

4.1.4. You must be familiar with the manner and way in which Socii digital PTY LTD t/a My Side Shop operates, and you must have accepted all the terms and conditions of Socii digital PTY LTD t/a My Side Shop that apply to you.

4.1.5. You must have a minimum of 50 positive ratings from Buyers.

4.1.6. Your rating feedback must be 98% positive or higher at all times.

4.1.7. In addition to specific goods or product warranties, you must provide a 30-day warranty on sales from the date of payment.

  1. Costs Associated with Operating a Store

5.1. As a prospective Store owner, you are required to familiarise yourself with the costs and fees that are applicable in operating a Store. All amounts referred to below are inclusive of VAT.

5.2. The following monthly fees apply to the Store, which are available (hereinafter referred to as “Store fees”):

5.2.1. 5% of all revenue generated (determined on a “per sale” basis) through the Store on a monthly basis, to be paid via debit order to Socii digital PTY LTD t/a My Side Shop.

5.2.2. In addition to the fees in 5.2.1 above, 5% of all revenue generated (determined on a “per sale” basis) through influencer activities on a monthly basis, to be paid via debit order to Socii digital PTY LTD t/a My Side Shop.

5.5. A once-off set-up fee is payable in the amount of R1,000-00.

  1. Terms and Conditions of Stores

6.1. Terms and conditions:

6.1.1. Stores must fully comply and adhere to the terms and conditions stated above and below (“the Store terms and conditions”), as well as with all the recorded on Socii digital PTY LTD t/a My Side Shop website.

6.1.2. Socii digital PTY LTD t/a My Side Shop reserves the right to make amendments to the Store terms and conditions as well as the terms and conditions recorded on this Site from time to time without notice to the Store owners or its representative, and it is therefore the Store owner’s responsibility to keep up to date with any amendments.

6.2. Opportunity granted to Store:

6.2.1. Stores must only sell the goods, products or services through the Store, and the Store or its owners are not allowed to solicit sales of the goods, products or services through their own e-commerce platforms, websites, or any other channels outside of the Store and Socii digital PTY LTD t/a My Side Shop process. The Store and its owners are not allowed to provide incentives to Users to purchase goods, products, or services outside of the Store or the Socii digital PTY LTD t/a My Side Shop process.

6.2.2. Stores are not allowed to market themselves, whether over the Internet or in print media or any other form of marketing, without the express permission of Socii digital PTY LTD t/a My Side Shop. Any unauthorised use, misuse, or abuse of Intellectual Property Rights will be frowned upon by Socii digital PTY LTD t/a My Side Shop, and Socii digital PTY LTD t/a My Side Shop will act accordingly.

6.3. Product range and sales:

6.3.1. Stores must stock and sell a consistent range of goods, products, and services. Any material departure from current goods, products, and services must be on notice to Socii digital PTY LTD t/a My Side Shop before any such new or other goods, products, and services may be stocked and sold.

6.3.2. Socii digital PTY LTD t/a My Side Shop will from time to time set minimum sales targets per month, and the Stores must generate a minimum of R___________________per month in success fees as calculated by Socii digital PTY LTD t/a My Side Shop. In order for the Store to generate a minimum of R________________per month in success fees, the Stores must generate sales of between R____________and R_________________ per month.

6.3.3. Stores must maintain a minimum of 10 concurrent listings at any given point in time.

6.4. Ratings:

6.4.1. Stores are required to maintain a positive rating of more than _____% at all times.

6.4.2. Stores are required to maintain _____ net positive ratings from Buyers at all times.

6.5. Customer queries or complaints:

6.5.1. Stores are required to resolve queries and/or complaints of whatsoever nature by Buyers with the utmost efficiency and effectiveness.

6.5.2. Any queries and/or complaints referred to above that are not resolved by the Store in a manner that is satisfactory to Socii digital PTY LTD t/a My Side Shop will cause Socii digital PTY LTD t/a My Side Shop to intervene and resolve the query and/or complaint.

6.5.3. Socii digital PTY LTD t/a My Side Shop may refund all or a percentage of the monies that may resolve the query and/or complaint, and Socii digital PTY LTD t/a My Side Shop will claim any such monies that it has paid to the Buyer from the Store.