PRM SPLY MARKETPLACE TERMS & CONDITIONS
SELLER
By listing an item for sale (each posting, a “For Sale”), you are making a binding offer to sell that specific item to a buyer who purchases the item for the price you have specified and to ship the item in accordance with our FAQ as updated from time to time. When a buyer accepts your offer by purchasing your item through our marketplace, you are contractually and legally bound to deliver that exact item for the specified price.
Sellers must ship items via courier, selection of shipping carrier will be the discretion of the Seller, when uploading the item within the specified timeframe provided in the sale confirmation email and must obtain a receipt from the shipping carrier to verify shipment of item. You are obligated to monitor your inventory and ensure all listings are accurate. Once an item is sold, under no circumstances may a seller cancel the listing.
For all PRM SPLY sales there is a 20% consignor’s fee, this will be deducted from your selling price before your payout is made. Keep in mind when listing your selling price to include your 20% consignment fee. For example, if you wish to sell your item and be paid out R2000, you need to load your selling price as R2500 to ensure your payout will be R2000.
Note: A sale is deemed complete once the item has passed PRM SPLY’s verification process and the Seller has been paid out. PRM SPLY recommends you provide at least three business days for your package to arrive at PRM SPLY and to pass verification.
Failure to fulfil your orders will result in additional charges to you, or an amount up to 15% of the transaction amount, in PRM SPLY’s sole discretion. If a seller fails to deliver items to PRM SPLY in accordance with these Terms, PRM SPLY reserves the right to do any or all of the following, in its sole discretion: (i) charge seller’s payment method a minimum of R150 ZAR or an amount up to 15% of the transaction amount, in PRM SPLY’s sole discretion, as a service fee; (ii) remove any or all of seller’s listings from the Services; (iii) cancel any or all of seller’s orders pending through the Services; (iv) withhold any payments due to seller; (v) place limits on seller’s buying and selling privileges; (vi) charge seller’s payment method for costs, expenses and fees incurred by PRM SPLY as a result of seller’s action or inaction, including reprinting fees incurred by PRM SPLY, rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend seller’s account.
As a seller, you are required to ensure that the item you are listing exactly matches the image on the For Sale page and meets the applicable Condition Standard and Quality Assurance test to determine legitimacy. If PRM SPLY or a buyer reasonably determines that your item does not conform to the description (including, without limitation, meeting the applicable Condition Standard), or is counterfeit, then, in PRM SPLY’s sole discretion, we will charge your payment method a minimum of R150 ZAR or an amount up to 15% of the transaction amount, as a service fee, plus additional amounts or, as determined in PRM SPLY’s discretion provided to the buyer, reprinting fees incurred by PRM SPLY, rerouting charges imposed by carriers, and refunds to the buyer. PRM SPLY has no obligation to return items to a seller that do not conform to the description (including, without limitation, meeting the applicable Condition Standard), or are counterfeit, in the event of items being counterfeit we have the right to suspend the Sellers account. PRM SPLY will pay you within a reasonable amount of time following completion of the sale, which occurs when the buyer receives the item. To get paid more quickly, ship your items immediately after your product is sold. You will also receive fee information via email notification when a product goes live, is updated, or a sale occurs.
PRM SPLY is acting solely as an intermediary between the sellers and the buyers. Professional sellers must comply with all laws and regulations applicable to the sale of their products on PRM SPLY’s live marketplace.
BUYER
A buyer may purchase an item for sale through the Services. The buyer is obligated to pay for that item, and the buyer acknowledges that payment of the price will be taken from your payment method. To be an eligible buyer you must have a billing address and shipping address in South Africa.
Please note we charge your payment method immediately upon purchase and, when the transaction is complete, we pay the seller. You will not receive any interest on the purchase amount while the transaction is being fulfilled. You might be required to pay certain fees as described when purchasing an item, as updated from time to time.
All sales are final once the item is authenticated and delivered, and no refund requests will be honoured regardless of the current value of the item. If you experience a problem with your purchase or an item, please contact us at help@prmsply.co.za
If there is a problem with an item you received, you must contact us in writing within 24 Hours after receiving the item with a detailed description of the problem. PRM SPLY verification tags or stickers that are attached to items must not be removed, or the items will not be eligible for return or exchange under any circumstance (including damage in transit). Should an item not be up to standards and our team has reviewed and approved the issues at hand, we will collect the item via courier and issue a full refund or store credit to the Buyer.
GENERAL TERMS
These are the terms and conditions of use for https://prmsply.co.za (“Site”). The Site is operated by PRM SPLY (“PRM SPLY,” “we,” “us”, or “our”) and is a live marketplace that allows users to buy and sell certain consumer goods. These Terms and Conditions of Use, our Marketplace FAQs (the “FAQS”), and all other requirements posted on our websites, all of which are incorporated into these Terms and Conditions of Use by reference and as amended from time to time (collectively, “Terms”) describe the terms and conditions on which we provide our websites (the “Sites”), services, data, software, applications (including mobile applications) and tools (collectively “Services”) to you, whether as a guest or a registered user.
In these Terms, “you” and “your” refer to (a) you, the individual accessing and/or using the Services, (b) any electronic agent accessing the Sites and/or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Sites and/or using the Services.
Your use of the Sites and Services will be subject to these Terms and by using them you agree to be bound by them. These Terms create a legal contract between you and us. Please read them carefully. We will collect and process personal data in accordance with our Privacy Policy https://prmsply.co.za/privacy
By using our Sites and Services, or by clicking to accept these Terms, you accept and agree to be bound and abide by these Terms in full. If you do not agree to these Terms, do not use our Sites or any portion of the Services. For all purposes, the English version of the Terms shall be the original, binding instrument and understanding of the parties. In the event of any conflict between the English version of the Terms and any translation into any other language, the English version shall prevail and control.
Changes to Terms and Policies.
PRM SPLY may in our discretion change these Terms (including the FAQs or any policy) at any time, but if we do, we will place a notice on our Site. We may also send you an email and/or notify you by some other means. Changes take effect on the date set out in the Terms. You should view these Terms often to stay informed of any changes that may affect you. Your continued use of the site and/or services after we change these terms constitutes your acceptance of the changes. If you do not agree to any of the changes, you must cancel your account and not use any portion of the services.
The version of these Terms posted on our Sites on each respective date you visit the Sites will be the Terms applicable to your access and use of the Services on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, and authentic copies of the version of the Terms and the Privacy Policy that were in force on each respective date you visited the Sites. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Services (or any portions, components, or features thereof) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.
About PRM SPLY Live Marketplace.
The Site and Services are intended for use only by persons who are at least 18 years of age. By using the Site and Services you confirm that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the Site and Services.
PRM SPLY allows third party sellers to list and sell their products in a live marketplace on the Site and Services. Sellers’ products will be made available for sale on all of our Sites and mobile applications. Buyers and sellers must create an account to purchase or sell items on the PRM SPLY platform. Buyers and sellers can delete or deactivate their account by following the options available on our FAQ page, as updated from time to time.
A further description of the live marketplace process and the rules applicable to buyers and sellers is available on our FAQ page, as updated from time to time. While PRM SPLY as the platform provider helps facilitate transactions that are carried out on the PRM SPLY platform, PRM SPLY is neither the buyer nor the seller of the seller’s products.
PRM SPLY provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. Although PRM SPLY might provide historical pricing data to the buyer and seller, we do not set prices for the items and PRM SPLY is not an auctioneer.
PRM SPLY acts as a commercial agent to conclude the sale on behalf of each buyer and seller involved in each transaction. Because sellers set prices, they may be higher than retail value of the products sold on our Site. Any item valuations displayed through the Services are estimates only. PRM SPLY does not guarantee that any item will sell. PRM SPLY reserves the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending a buyer or seller account and charging your payment method for costs we incur as a result of the violation. Although the Services are anonymous, we may share your information with law enforcement and professional advisers under an obligation of confidentiality as part of an investigation related to any alleged violation of law or these Terms in accordance with our Privacy Policy, and we may respond to all inquiries initiated by law enforcement or other governmental agencies.
Accounts, Passwords, and Security.
To view or browse the live marketplace, you must create an account using an email address and password or other account creation tools offered on the Services, such as a social media account. To offer items for sale (“Sell”) or offer to purchase items (“Buy”), you must create an account and have a valid credit card or other approved payment methods on file with our third-party payment processors. You agree that we may charge your credit card or other payment method for amounts you owe as described in these terms, as well as any costs or losses arising from your violation of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify PRM SPLY immediately upon learning of any unauthorized use of your account or password, or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by PRM SPLY or any other person or entity due to another person using your account or password. You may not use any other user’s account or password at any time without the express permission and consent of the holder of that account or password. You may not transfer or assign your account.
Fees, Promotional/Discount Codes and Taxes.
Fees for the Services, including applicable shipping fees, are described in our FAQ, as updated from time to time. PRM SPLY may sometimes furnish an alphanumeric code that can be used for promotions or discounts for purchases on our sites. These promotional or discount codes may be sent via email to our registered users, presented on our Sites or circulated at events and through other means and, are subject to applicable promotional or discount terms. As a seller you are responsible and agree to collect, pay, report and remit any and all local taxes (including VAT and sales tax) that may be due by you with respect to your sales transaction, and as a buyer you agree to pay any taxes (including sales taxes) that may be due by you with respect to your purchase transaction. You agree that PRM SPLY is not responsible for reporting, collection, or payment of any taxes on your behalf except for jurisdictions where PRM SPLY is required as a marketplace facilitator. In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide PRM SPLY with all relevant tax information which PRM SPLY may provide to any tax authority in connection with payments you receive from us and where applicable further authorize PRM SPLY to release that information to such tax authority or other competent governmental body. Your account may be suspended for failure to provide PRM SPLY with all relevant tax information to support filings to the appropriate tax authority.
Authentication; Shipping and Handling.
As part of the purchase transaction, the seller will ship the item to PRM SPLY and PRM SPLY will visually inspect the item and use commercially reasonable efforts to confirm it is authentic and meets our condition standards. If PRM SPLY determines the item is authentic and meets our condition standards, PRM SPLY will ship the item to the buyer. If PRM SPLY cannot reasonably confirm the authenticity of the item or determines it is not authentic or does not meet our condition standards, then we will notify the buyer and the seller that the item has not passed authentication and will issue a refund to the buyer. Additionally, PRM SPLY has the right to reject any item for any reason, including but not limited to, authenticity, failure to meet our condition standards, or damage of the item. PRM SPLY policy requires sellers to ship items within the specified timeframe provided in the sale confirmation email after purchase. However, because PRM SPLY cannot control the amount of time it takes for the item to reach PRM SPLY, we cannot guarantee a specific delivery timeframe for any items and therefore, the buyer is not permitted to cancel the purchase if the item does not ship from the seller within the specified timeframe in the sale confirmation email after purchase. Once we receive the item from the seller it generally takes 1-2 business days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to PRM SPLY within 2 days of the latest estimated delivery date. PRM SPLY has the right, in our sole and absolute discretion to refuse to accept returns or other refunds and/or to charge restocking fees for returned or abandoned items. If a buyer or seller refuses to accept delivery of a package sent to his/her address on file, PRM SPLY will consider the property abandoned after thirty (30) days and may charge the buyer or seller PRM SPLY’s reasonable expenses incurred due to such refusal to accept delivery.
Counterfeits, Fraud, and Market Manipulation.
PRM SPLY takes counterfeiting, fraud and market manipulation very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or PRM SPLY, PRM SPLY reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of seller’s listings from the Services; (ii) cancel any or all of seller’s orders pending through the Services; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge seller’s payment method for costs, expenses and fees incurred by PRM SPLY as a result of seller’s action or inaction, including charging seller for the cost of replacement items, fees incurred by PRM SPLY, rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost (including any customs and duties amounts incurred by PRM SPLY); (vii) provide the counterfeit items to law enforcement or destroy the counterfeit items, (viii) temporarily or permanently suspend seller’s account, and (ix) charge seller’s payment method a minimum of R150 or an amount up to 15% of the transaction amount, in PRM SPLY’s sole discretion, as a service fee. Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon PRM SPLY’s discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit item to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with us. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings or sales or account suspension. If this occurs in error, please contact us at help@prmsply.co.za. We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through PRM SPLY.
If a buyer receives an item that it believes to be counterfeit, the buyer must notify PRM SPLY in writing within 24 hours after receiving the item, and we will commence an investigation into the item. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, and then delivering the item back to us, at our direction. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on PRM SPLY or elsewhere) that is reasonably believed to be counterfeit.
PRM SPLY may monitor the integrity of the PRM SPLY marketplace and may take steps to protect the marketplace as determined by PRM SPLY in its sole discretion (e.g., if PRM SPLY believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts). If PRM SPLY believes that a seller or buyer attempts to interfere with the free and fair operation of the PRM SPLY marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the PRM SPLY marketplace (all of the foregoing in PRM SPLY’s sole discretion), then, without limiting any other rights of PRM SPLY, PRM SPLY reserves the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge user’s credit card for costs, expenses and fees incurred by PRM SPLY as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s credit card an additional service fee of up R10 000 to cover PRM SPLY’s investigation fees and other related costs and expenses.
Limitations and Restrictions.
PRM SPLY does not provide any guarantee that your items will sell and will not provide any compensation for items that do not sell through our Services. PRM SPLY also does not guarantee how long it will take for a listing to appear in the Services after it is posted and is not responsible for unsold items resulting from any listing delays. PRM SPLY conducts periodic scheduled maintenance as well as unscheduled emergency maintenance from time to time. During maintenance periods the Services (or portions thereof) may be temporarily unavailable. You must not and will not do any of the following:
- use our Services to solicit sales outside of PRM SPLY or to contact any user of the Services;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services;
- upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- engage in abusive treatment of other users of the Services or any PRM SPLY employee;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any PRM SPLY representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users, use of all caps, or flooding continuous posting of repetitive text);
- upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- violate any applicable local, state, national or international law;
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Services if you are not expressly authorized by such party to do so;
- harvest or otherwise collect information about others, including e-mail addresses;
- use PRM SPLY’s trademarks without our written permission;
- commercialize all or any part of the PRM SPLY Services;
- use any modified versions of Services, for any reason whatsoever, without the express written consent of PRM SPLY;
- upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- use any robot, spider, scraper, or other automated or manual means to access our Services, or copy any information thereon, for any purpose without our express written permission;
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Services;
- attempt to gain any unauthorized access to the Sites or the Services, including computer systems, software, or networks;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Sites or any related networks or systems;
- bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Services; or
- do anything else that we determine, in our sole discretion, misuses the Services or otherwise negatively impacts our marketplace.
PRM SPLY reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. PRM SPLY may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable law, PRM SPLY reserves the right at all times to disclose any information as PRM SPLY deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PRM SPLY’s sole discretion. You also agree to reimburse PRM SPLY for any damage, loss, cost or expense PRM SPLY incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defence or settlement of the foregoing) because of your use of the Services for any unlawful or prohibited purpose.
Intellectual Property.
You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of PRM SPLY or its licensors or suppliers, and are protected by S.A and international intellectual property laws (including copyright and trademark laws). The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of PRM SPLY and protected by The Copyright Act 1978. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Services is strictly prohibited.
PRM SPLY grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by PRM SPLY.
You agree that PRM SPLY (i) is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content; (ii) is under no obligation to post, display or otherwise use any User Content; (iii) has no obligation whatsoever to provide you any compensation for the use or display of your User Content or otherwise from the exercise of the rights granted under this Section, even if PRM SPLY receives compensation therefrom; (iv) has the right (but not the obligation) to monitor the User Content that you or third parties post, and to alter or remove any such User Content; and (v) has the right to disclose User Content and the circumstances surrounding its transmission to any third party in order to operate the Services, to protect ourselves and third parties, and to comply with legal obligations or governmental requests.
You are prohibited from posting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
You represent and warrant that any information you provide to us, to other users, or to visitors, including but not limited to User Content, (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) doesn’t involve the sale of counterfeit or stolen items; (d) doesn’t infringe any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) is yours or you have the necessary licenses, rights, consents, and permissions to such information and to grant the rights and licenses to PRM SPLY under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all such information in the manner contemplated in these Terms; (f) doesn’t violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (g) doesn’t contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) is not intended to circumvent or violate the letter and spirit of these Terms and the lawful functioning of PRM SPLY’s marketplace.
You further represent and warrant that you have the written consent, release, and/or permission of each and every person identified in any information you provide, including but not limited to User Content, to use the name or likeness of such person or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
Indemnity.
You shall indemnify, defend and hold PRM SPLY and our affiliates and their respective officers, directors, agents and employees harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal merchandise or goods, (b) your breach of any provision of the Terms, (c) your improper use of the Services, including any improper use of the Services related to Stored Items, (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Disclaimer of Warranties; Limitations of Liability.
You covenant not to sue PRM SPLY, and agree that you will not hold PRM SPLY responsible, for other users’ content, actions, or inactions. PRM SPLY is a marketplace for consumer goods. You acknowledge that you are buying items from a third party, not PRM SPLY. While we may help as your commercial agent facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, accuracy or legality of User Content, listings, and/or items listed or sold. If you have a dispute with one or more users, as a buyer or seller, you release and covenant not to sue PRM SPLY, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favour at the time of agreeing to this release.
PRM SPLY and/or our third party suppliers or licensors do not represent, warrant or covenant that the system and the services, including the vault services and nfts, are or will be accurate, current, complete, free of technical and typographical errors, secure, reliable, or appropriate for any particular use to which you or any third party may choose to put them, that they are or will be available on an uninterrupted and error-free basis, that defects will be corrected, or that the system and services. PRM SPLY periodically amends, changes, adds, deletes, updates, or alters the system and the services without notice. Further, PRM SPLY assumes no liability or responsibility for any errors or omissions in the content of the system or the services. PRM SPLY specifically disclaims any duty to update the content, or any other information on the system or the services.
You agree that you are making use of our services are at your own risk, and that the services are being provided on an “as is” and “as available” basis. PRM SPLY (inclusive of any of its service providers and licensors) makes no warranty or guaranties of any kind with respect to our services, any items (including stored items), any user content, or that sellers or buyers will perform as promised. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties implied by a course of performance, course of dealing, or usage of trade.
In addition, to the extent permitted by applicable law, PRM SPLY (including our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers) are not liable, and you agree not to hold PRM SPLY responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from (a) the user content you provide using the services, or content of third parties (b) your access to, use of, inability to access or use the services, or reliance on the services (including the vault services and nfts); (c) pricing, shipping, format, or other guidance provided by PRM SPLY, (d) delays or disruptions in our services, (e) viruses or other malicious software obtained by accessing our services or those of any site, services, or tools linked to our services; (f) glitches, bugs, errors, or inaccuracies of any kind in our services, (g) damage to your hardware device from the use of any service, (h) the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items, (i) a suspension or other action taken with respect to your account, (j) the duration or manner in which items you list appear on the services, or (k) your need to modify practices, content or behaviour, or your loss of ability to do business, as a result of changes to these terms or our policies. Under no circumstances shall PRM SPLY, or its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers, be liable to you or any other third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these terms, the services, the vault services, nfts, or anything described in the foregoing clauses (a) through (k) of this paragraph, or any other cause beyond the control PRM SPLY, even if PRM SPLY was advised, knew, or should have known of the possibility of such damages or costs.
Without limiting any of the foregoing, if PRM SPLY, its contractors, suppliers, content providers, or any of the officers, directors, employees, representatives, or agents of any of the foregoing, is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these terms or the services (including in connection with nfts, stored items, or the vault services), PRM SPLY and such parties’ cumulative, aggregate, and maximum liability for all such claims and other matters in any calendar year shall not exceed (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability.
Disputes with PRM SPLY.
You and PRM SPLY agree that any claim or dispute that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PRM SPLY HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that, except to the extent inconsistent with the Arbitration Act of 1965, will govern these Terms and any claim or dispute that has arisen or may arise between you and PRM SPLY. Legal notices shall be delivered by hand to PRMP SPLY registered office (in the case of PRM SPLY) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to any physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and PRM SPLY each agree that any and all disputes or claims that have arisen or may arise between you and PRM SPLY relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court or the Magistrates Court, if your claims qualify and so long as the matters remains in such court and advances only on an individual basis.
Electronic Communications.
When you use the Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your cellphone number, you confirm that you want PRM SPLY to send you information that we think may be of interest to you, which may include PRM SPLY using automated dialling technology to text you at the cellphone number you provided, and you agree to receive communications from PRM SPLY, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from PRM SPLY. You agree to indemnify and hold PRM SPLY harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Typographical Errors.
The Sites and the Services could include technical inaccuracies or typographical errors. PRM SPLY shall have no liability in connection with any such inaccuracies or errors, nor shall PRM SPLY have any obligation to identify and/or correct any such inaccuracies or errors.
Links to Other Websites.
For your convenience, certain hyperlinks may be provided on the Sites and Services that link to other websites or social media platforms which are not under the control of PRM SPLY (the “Linked Websites”). PRM SPLY does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. PRM SPLY disclaims all liability for such Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against PRM SPLY arising from or based upon any such use of any Linked Websites. Hyperlinks to such Linked Websites on the Sites and Services do not imply that: (a) PRM SPLY is affiliated or associated with any Linked Website; (b) PRM SPLY is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of PRM SPLY.
Your Personal information
Use of your personal information submitted to or via the Site is governed by our Privacy Policy. We will only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it indicates important information about how we collect and use personal information.
Disclaimer of Third Party Information.
To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third Party Materials”), PRM SPLY has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. PRM SPLY does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Company.
General.
These Terms and all terms and policies posted through our Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and PRM SPLY relating to your use of our Services, and supersede all prior understandings and agreements parties. You consent to receive notice by email to the address provided at registration. If any provision of the Terms is held to be invalid, void, or unenforceable under any circumstances, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of the Terms. Any waiver of any provisions contained in these Terms by PRM SPLY shall not be deemed to be a waiver of any other right, term, or provision of these Terms. Any rights not expressly granted herein are reserved. PRM SPLY may assign or transfer our rights and obligations under these Terms at any time. You may not assign or transfer your rights or obligations under these Terms, or any of your rights or obligations, without the prior written consent of PRM SPLY, which we can refuse in our sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms, your use of the Services, or the provision of our Services. You may not enter into any contract on our behalf or bind us in any way. These Terms are for your benefit only, not for the benefit of any third party except for PRM SPLY’s permitted successors and assigns. These Terms shall be governed by the laws of the Republic of South Africa. By using the PRM SPLY website or acting as a buyer or seller you expressly agree to the governing law and venue provision of these Terms.
Ranking information
Buyers can find, purchase sellers’ products on the Sites by browsing through products by product category (for example, sneakers, streetwear and collectibles), and by entering a specific query in the search box available. The main factors PRM SPLY considers when presenting results on the Sites’ main web-pages and product category pages are popular brands (based on views for those brands), popular products (based on views for those products), new lowest asks (the products with the most recently listed lowest asks) and new highest bids (the products with the most recently listed highest bids). The main factor PRM SPLY considers when presenting results on the Sites’ individual brand pages and in response to specific search queries is popular products (based on views for those products). If a customer is logged in to their account, there will also be a section presented to the customer with recommended products based on that customers’ clicks on the Sites.
Access to data
PRM SPLY will have access to buyers’ and sellers’ personal data which it shall use in accordance with PRM SPLY’s Privacy Policy, as updated from time to time. PRM SPLY will also have access to non-personal data provided by buyers and sellers for the use of the Services or which is generated through the provision of those Services. This includes, for example, information on sellers’ products to be displayed for purchase on the Sites, information provided by buyers and sellers when creating an account and information on all product purchases on the Sites. PRM SPLY shares information it has access to with third party service providers in order to provide the Services and improve customer experience. PRM SPLY will also retain such information after a seller deactivates or terminates their account, in accordance with applicable law.
Sellers will have access to certain data through their online profile. This includes, for example, detail on their own sales history, including previous asks and bids. Sellers can request access to data about them after deactivating or terminating their account which PRM SPLY may be able to provide, provided that the data is still available, and it is permitted to do so under applicable law. Sellers will not have access to any personal data provided by buyers. Sellers will also have access to certain data that is publicly made available on the Sites. This includes, for example, ask and bid prices, product descriptions and the relative popularity of products sold on the Sites.