Terms and Conditions

Last Updated on 27 June 2020


By accessing or using Pushcart or any of its related blogs, websites, mobile apps, third-party integrations or services (collectively, “the Platform”), owned by Pushcart (Pty) Ltd. (reg: 2019/551335/07) (“Pushcart”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Platform remain at all times expressly reserved by Pushcart.

Please see Pushcart’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please pay specific attention to the BOLD paragraphs of the Pushcart Terms. These paragraphs limit the risk or liability of Pushcart, constitutes an assumption of risk or liability by you, impose an obligation by you to indemnify Pushcart or is an acknowledgement of any fact by you.

Please read these terms carefully before accessing or using the Platform and/or Services. Pushcart will assume you have read and understood these terms should you continue to access or make use of the Platform and/or Services.

It is important to note the following:

  • The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Platform or Pushcart Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Pushcart or its possession.
  • Not all terms are necessarily defined in order.
  • These terms were last updated on the 27th of June 2020.
  • In order to become a Vendor on the Platform, you must complete the additional Vendor’s Agreement with Pushcart.

1. INTRODUCTION TO THE PLATFORM AND SERVICES

  1. Pushcart provides an online platform which, amongst other services (“Pushcart Services”), operates as an online marketplace allowing independent vendors (“Vendors”) of food and other goods (“Products”) to advertise their Products and services on the Platform and notify other users when they are nearby to them in order to offer their services (“Vendor Services”), including to sell them their Products in person. Users can receive notifications from the Vendors as to their location and Product availability, and subsequently engage the relevant Vendor privately to acquire the Products listed, which transaction and/or engagement is entirely the private engagement between the relevant users, and has nothing further to do with Pushcart.

  2. Depending on the exact Pushcart Services used on the Platform, users may need to pay a fee to Pushcart, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.

  3. These Terms explain the conditions applicable to all users, including Vendors, using the Platform and/or the Pushcart Services. In order to become a Vendor on the Platform, you must complete the additional Vendor’s Agreement with Pushcart, and be subject to those additional conditions of offering your Vendor Services on the Platform.

  4. In order to use many of the Pushcart Services and/or become a Vendor, users must register on the Platform using the prompted methods, and submit any required information to create a “Profile” – more information about this below.

  5. The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Pushcart uploading the amended Terms to the Platform. Your continued access or use of the Platform and/or Pushcart Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

  6. Supplemental terms may apply to certain Pushcart Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Pushcart Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Pushcart Services.

  7. Unauthorised use of the Platform or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.

2. RELATIONSHIP BETWEEN THE PARTIES

  1. PUSHCART PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, LABOUR BROKER, NOR EMPLOYMENT OR OTHER ADVISER NOR PROVIDER. ALL TOOLS PROVIDED ON THE PLATFORM OR AS PART OF THE PUSHCART SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE PLATFORM IS BETWEEN THEM PRIVATELY, AND FOR WHICH PUSHCART HOLDS NO RESPONSIBILITY.

  2. All users understand and expressly agree that a Vendor is at all times an independent service provider, and is not an employee, partner nor agent of Pushcart’s in any regard. As such, all Vendor-related issues or Vendor Service features are exclusively the liability of the Vendor, and not of Pushcart. Pushcart may assist the users in engaging, via the Platform, but the Vendor is always responsible and liable for any and all of their Vendor Service and/or Products offered.

  3. If a Vendor is engaged by a user in a formal relationship subsequent to their use of the Platform and Pushcart Services, these parties do so entirely at their own risk and via private arrangement.

  4. Although Pushcart carefully curates Vendor, Products and/or user Profiles prior to being placed on the Platform, Pushcart is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Platform.

3. USER REGISTRATION PROCESS

  1. In order to become a user of the Pushcart Services, and/or register as a Vendor on the Platform and receive/post the Vendor Services/Products, you must complete the necessary registration process detailed on the Platform and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.

  2. Pushcart requires you to submit your full name, location and phone number when registering a Profile. Vendors may then setup additional features of their Profile, including adding their Vendor Services, Products, or other Vendor information, which setup may require further information to be submitted, as prompted by the Platform.

  3. To protect your privacy and security, the Platform takes reasonable steps to verify your identity by requiring a mobile phone number and requiring users login in order to grant access to your Profile and data. To view or change your personal information provided, you can update your information on the Platform.

  4. By entering your personal information on the Platform, you warrant that the person using the Platform is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.

  5. By submitting your personal information to the Platform for its use in a Profile or otherwise, you consent to Pushcart using this information to facilitate a connection between you and another user.

  6. Please see Pushcart’s Privacy Policy regarding more details on how Pushcart uses and processes your personal information.

  7. Users must be over the age of 18 (eighteen) and have full legal capacity to enter into, understand and be bound by a lawful contract. If you are under the age of 18 (eighteen), you must not use the Platform and/or Services, nor provide us with any of your personal information.

4. THE SERVICES – PROFILES, SERVICES AND FEES

Profiles:

  1. All users must register a Profile using the relevant tools on the Platform, and to access the Services.

  2. In addition to registering a Profile on the Platform, Vendors can then apply to have their Vendor Services/Products made available on the Platform, using the relevant prompts on the Platform. Mere application as a Vendor with Pushcart does not guarantee that the Vendor will indeed have their Vendor Services/Products made available on the Platform. Same will be contingent on various factors, including the Vendor’s successful adherance with this Agreement and the additional terms applicable to Vendor’s specifically.

The Services:

  1. The Platform and Pushcart provides various online marketplace services, which amongst others, includes the following great offerings for both general users as well as Vendors:
  • For General Users:

    • Users can receive notifications when Vendors are nearby. Users can then engage the Vendor online to then transact privately with them.
  • Vendors:

    • Vendors can make application to Pushcart via the Platform to have their Vendor Services/Products listed on the Platform.

    • Vendors can then update their areas and routes of trade and notify other users when they are nearby in order for the user to then engage the Vendor to transact.

    • Vendors will then provide responses to the general users’ requests for engagement.

  1. Please consult the our Website for details of our applicable Services at any given time.

Fees owed by Vendors:

  1. In order to use the Services as a regular user, there is no fee.

  2. However, Vendors will need to pay a fee to Pushcart in order to use the Services and have their Vendor Services/Products made available on the Platform (“Fee”).

  3. The Fee is paid by the Vendor to be allowed to respond to requests by general users for their Vendor Services/Products. Accordingly, please see our http://portal.pushcart.co.za page to determine the Fee charged by Pushcart for the number of responses acquired by the Vendor.

  4. Any payment of a Fee by a Vendor to Pushcart will be facilitated by Pushcart using the preferred payment method designated in your Vendor’s Profile (such as Snapscan, Via, Mastercard), after which Pushcart will send you an invoice by email. If your primary Profile payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Pushcart may use a secondary payment method in your Profile, if available.

  5. You may contact us via email at info@pushcart.co.za to obtain a full record of your payment for any transaction conducted via the Services.

  6. For further information on the current Pushcart Services available generally or applicable to you, please contact admin@pushcart.co.za who will gladly assist.

  7. To terminate your use of the Pushcart Services or the Platform, please see clause 15 below.

  8. Pushcart may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Pushcart Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Pushcart Services or the fees applied to you.

  9. All amounts stated shall attract Value Added Tax (“VAT”), but will be exclusive of any other applicable taxes/fees, unless otherwise stated and required by law. All applicable taxes, duties or fees will be detailed to you before you affect any transaction with Pushcart.

  10. Pushcart reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Pushcart Services at any time in Pushcart’s sole discretion. Pushcart will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.

5. USER RESPONSIBILITIES AND WARRANTIES

  1. By using the Platform and/or the Pushcart Services, you warrant that:
  • you have read and agreed to these Terms and will use the Platform in accordance with them;
  • you have not made any misrepresentations and the information provided in the registration process and/or in your Vendor Services/Products is true, accurate and complete;
  • you will timeously pay any due Fees to Pushcart when required to do so under these Terms;
  • you expressly understand and agree to how Pushcart is only a facilitating party for all users, and any liability stemming from any Vendor Services/Products lies exclusively with the relevant Vendor, and not with Pushcart;
  • you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Platform for the use of it or the Pushcart Services;
  • you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered, in Pushcart’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
  • you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
  • you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Pushcart is not liable at all for such payment of any such tax, duty or VAT on your behalf;
  • you will not infringe any third party’s or the Platform’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
  • you will treat all other users and Vendors with respect and dignity at all times;
  • you will not use the Platform platform for any commercial purpose other than as expressly provided for by Pushcart and the Terms;
  • you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
  • you will not facilitate or assist any third party to do any of the above,

    failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.

  1. The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Platform. The network’s data and messaging rates and fees may apply if you use the Platform and you shall be responsible for such rates and fees. The same applies to your geo-locationary information, in that some of the Pushcart and/or Vendor Services requires you to have geo-locationary functionality in order to function.

  2. Without prejudice to any of Pushcart’s other rights (whether at law or otherwise), Pushcart reserves the right to deny you access to the Platform or the Pushcart Services where Pushcart believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.

  3. Pushcart does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

6. RECEIPT AND TRANSMISSION OF DATA MESSAGES

  1. Data messages, including email messages, sent by you to Pushcart will be considered to be received only when acknowledged or responded to.

  2. Data messages sent by Pushcart to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

  3. Pushcart and/or Vendors reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such email or data message where necessary.

  4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Pushcart is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Pushcart and a user, or between users.

7. HYPERLINKS, DEEP LINKS, FRAMING

The Platform may include links to other internet sites ("the other sites"). Pushcart does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Pushcart endorsement, agreement on or support of the content or products of such target sites. Pushcart does not purport to own the content on the other sites which may be shown on the Platform.

The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Vendor.

8. ADVERTISING AND SPONSORSHIP

The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Platform complies with all applicable laws and regulations.

Pushcart, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

9. INTELLECTUAL PROPERTY PROTECTION

All Website material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Platform) together with the underlying software code and everything submitted by a user to the Platform and Pushcart in use of the Pushcart Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Pushcart, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

  • For clarity, all rights to any intellectual property provided by a user to the Platform will remain with the user, but for which the user has provided Pushcart with a non-exclusive, non-transferable licence to use such user intellectual property as Pushcart deems fit on the Platform and/or in advertising, for as long as the user remains registered on the Platform.

Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Platform or the underlying software code whether in whole or in part, without the written consent of Pushcart first being granted, which consent may be refused at the discretion of Pushcart. No modification of any intellectual property or editorial content or graphics is permitted.

Pushcart reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Platform, including that of a user in their Profile, or to suspend or terminate the Platform, at any time without notice; provided that any transactions already concluded through the Platform resulting in any fees, will not be affected by such suspension or termination, as the case may be. Where any of the Platform intellectual property has been licensed to Pushcart or belongs to any third party, other than that which has been submitted by a user to the Platform in the use of the Pushcart Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Subject to adherence to the Terms, Pushcart grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Platform on any machine which the user is the primary user. However, nothing contained on the Platform should be construed as granting any licence or right to use any intellectual property without the prior written permission of Pushcart. Any enquiries regarding any of the above relating to intellectual property must be directed to Pushcart at info@pushcart.co.za.

10. PRIVACY AND PERSONAL INFORMATION POLICY

Please see our comprehensive Privacy Policy to understand how we process your personal information when you use the Platform and/or Services.

11. DISCLAIMERS AND WARRANTIES

  1. The Platform, including any intellectual property appearing therein, is provided "as is" and "as available". Pushcart makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Platform, information provided by another user, the information contained on Vendor Services/Products and/or Website in any way.

  2. All information or opinions of users made available on the Platform in relation to any of the Pushcart Services or Vendor Services/Products are those of the authors and not Pushcart. While Pushcart makes every reasonable effort to present such information accurately and reliably on the Platform, Pushcart does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Platform, in Vendor Services/Products or from another user.

  3. Pushcart, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Platform, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Vendor Services/Product in any way.

  4. Pushcart, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Pushcart Services, and access to, or use of, the Platform in any manner.

  5. Users from locations outside of South Africa, please note that Pushcart complies with all South African laws in representing the Pushcart Services. Should foreign law be applicable in any regard to your use of the Pushcart Services and/or the Platform in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Pushcart from any liability it may acquire by virtue of its supply of the Platform and/or Pushcart Services.

  6. Pushcart takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform. However, Pushcart does not warrant or represent that your access to the Platform will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Platform remains solely at the user’s own risk and the user should take their own precautions accordingly.

12. INDEMNITIES

  1. The user indemnifies and holds harmless Pushcart, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Platform or Pushcart Services offered or concluded through the Platform in any way.

  2. The user agrees to indemnify, defend and hold Pushcart harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Platform and/or the Pushcart Services or Vendor Services/Products and for breach of these Terms.

  3. This clause will survive termination of this agreement.

13. COMPANY INFORMATION

Site/Domain owner: Pushcart
Company type: PTY LTD
Registration Number: 2019 / 551335 / 07
Director: Aidan Classe
Description of main business: Online marketplace platform
Telephone number: +27 83 234 0853
E-mail address: info@pushcart.co.za
Website address: pushcart.co.za
Physical address: 45 Bell Crescent, Westlake Business Park
Postal address: 14 Clarens Road, Woodstock
Registered address: 14 Clarens Road, Woodstock

14. DISPUTE RESOLUTION AND GOVERNING LAW

  1. The user’s access and/or use of the Platform, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.

  2. Should any dispute, disagreement or claim arise between a user and Pushcart concerning use of the Platform or the Pushcart Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

  3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion between them, for the purposes of finding a mutually beneficial solution.

  4. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

  5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

  6. Users expressly understand and agree that any dispute they may have with a Vendor relating to a Vendor Services/Product or their private engagement, is exclusively between the Vendor and user, where Pushcart is in no way involved nor liable.

15. TERMINATION OF USE OF WEBSITE OR SERVICES

IN ADDITION TO THE RIGHTS ABOVE, PUSHCART RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE PUSHCART SERVICES AND/OR PLATFORM IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT PUSHCART GIVES REASONABLE NOTICE TO YOU.

  1. If you wish to terminate the agreement with Pushcart, or end your use of the Pushcart Services, you may do so by deregistering your Profile with the Platform and discontinuing your use of the Platform.

  2. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Pushcart Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Pushcart.

  3. In the event of termination of your agreement with the Terms and with Pushcart, Pushcart will remove you from the Platform and delete your Profile.

16. NOTICES AND SERVICE ADDRESS

  1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

    • in the case of Pushcart, at info@pushcart.co.za; or
    • in the case of the user, at the email, phone number and addresses provided by the user to Pushcart in the Profile registration process.
  2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

17. GENERAL

  1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

  2. No indulgence, leniency or extension of time granted by Pushcart shall constitute a waiver of any of Pushcart’s rights under these Terms and, accordingly, Pushcart shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

  3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

  4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

  5. Should you have any complaints or queries, kindly address an email to info@pushcart.co.za advising Pushcart of same.

  6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Pushcart, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.

  7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

  8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.7.

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