Welcome to Buy Sell Swop Donate (BSSD). We
are very happy you are here. We are committed to providing you with excellent
service. This document and the other documents that we reference below make
The Terms are a legally binding contract
between you and BSSD.
This contract stipulates your rights and
responsibilities when you use www.buysellswopdonate.co.za (the
“Site”) for its Services, so please read it carefully. By using any of our
Services (even just browsing), you’re agreeing to the Terms. If you don’t agree
with the Terms, you may not use our Services. Are we on the same page? Great,
please read further.
BSSD operates in the Republic of South Africa. We connect people
online who want to buy, sell, swop or donate goods. Here is a handy guide of
our policies to help you understand the rules that are relevant to you,
depending on how you use our Services. All of these policies are a part of our
Terms, so be sure to read the ones that are relevant to you. You may also want
to read the rest of this document because it applies to everyone who makes use
of our Services.
Our House Rules for Everyone. If you use any of
Our House Rules for Sellers. If you list any
item/s for sale through our Services, these policies apply to you. You can read
Our House Rules for Buyers. If you use our Services
to browse or shop, these policies apply to you. You can read them here.
Our House Rules for Swoppers. If you use our
Services to browse or swop items, these policies apply to you. You can read
Our House Rules for Donators. If you use our
Services to browse or make a donation, these policies apply to you. You can
read them here.
1. When you Register with BSSD
You’ll need to create an account with BSSD to use some of our
Services. This Creating an Account Help article should answer
any questions you may have about registering an account with BSSD. By
using the site and by clicking on the “Register Now” button on the website, as
may be applicable, you acknowledge that you have read and agree to be bound by
You are bound by the following terms when you create an account on
A. You must be 18 (eighteen) years or
older to use our Services. If you are under the age of 18
(eighteen) or if you are not legally permitted to enter into a binding
agreement you are only permitted to use our Services through an account owned
by a parent or legal guardian with their appropriate permission and under their
direct supervision. Children under 13 years are not permitted to use BSSD or
the Services. You are responsible for any account activity conducted by a minor
on your account.
The following restrictions are in place for legal reasons. All
minors over 13, both buyers and sellers, should adhere to these rules on BSSD:
may not make purchases unless they have appropriate permission and are under
the direct supervision of their parent or legal guardian who owns the account.
financial information on the account must be that of the parent or legal
Minors over 13 who wish to sell on BSSD
must follow some additional policies:
· Have to
disclose all members of the vendor, including the parent or legal guardian who
owns the account.
billing information must belong to the parent or legal guardian responsible for
B. Be honest with us. Provide accurate information
about yourself. It’s prohibited to use false information or impersonate another
person or company through your account.
C. Choose a proper name. You may use a shortened name
if you decide to not use your full names as the name associated with your
account, however, you may not use language that is offensive, vulgar, or
otherwise violates the Terms.
D. You are answerable for your account. You
are solely responsible for any activity on your account. If you’re sharing an
account with other people, then the person whose information is on the account
will ultimately be responsible for all activity. If you’re registering as a
business entity, you personally guarantee that you have the authority to agree
to the Terms on behalf of the business. Also, your accounts are not
E. Protect your password. As we mentioned above,
you’re solely responsible for any activity on your account, so it’s important
to keep your account password secure.
F. Limitations of your relationship with BSSD. These
Terms don't create any agency, partnership, joint venture, employment, or
franchisee relationship between you and BSSD.
2. Your Privacy
We respect your privacy and will take reasonable measures to
collected, used, and shared when you use our Services. By using our Services,
you're also agreeing that we can process your information in the ways set out
3. Your Content
Content that is posted for you on our Site is your content (so
let’s refer to it as “Your Content”). We don’t make any claim to it, which
includes anything that is posted (listing photos, listing descriptions,
A. Responsibility for Your Content. You
understand that you are solely accountable for Your Content. You represent that
you have all necessary rights to Your Content and that you’re not infringing or
violating any third party’s rights by posting it.
B. Permission to Use Your Content. By
posting Your Content through our Services, you grant us a license to use it. We
don’t claim any ownership to Your Content, but we have your approval to use it
to help BSSD function and grow. That way, we won’t infringe any rights you have
in Your Content and we can help promote your products. For example, you
acknowledge and agree BSSD may from time to time offer you or our buyer’s
promotions on the Site, which may relate to your listings.
C. Rights You Grant BSSD. By posting Your Content
on our platform, you grant BSSD a non-exclusive, royalty-free, irrevocable,
sub-licensable, perpetual license to use, display, edit, modify, reproduce,
distribute, store, and prepare derivative works of Your Content. This allows us
to provide the Services and to promote BSSD, your Products, or the Services in
general, in any formats and through any channels, our partners, or third-party
website or advertising medium. You recognise our legitimate interest in using
it, in accordance with the scope of this license, to the extent Your Content
contains any personal information.
Consider these examples: if we upload a photo of an item you want
to sell on BSSD, we have permission to display it to buyers, and we can resize
it so it looks good to a buyer using a mobile app; if you post a description,
we can modify it so buyers will be able to read and understand it better; and
if a beautiful photo is posted of your latest product we can feature it on our
homepage to help promote your business and BSSD’s.
D. Reporting Unauthorised Content. If
content that you own or have rights to has been posted to the Site without your
permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged
to infringe another person’s intellectual property, we will take appropriate
action, such as removing it if we receive proper notice or terminate your
account if you are found to be a repeat infringer. We shall notify you if any
of that happens.
E. Inappropriate, False, or Deceptive Content. Content
that is threatening, abusive, defamatory, obscene, vulgar, or otherwise
offensive or in violation of our Prohibited Items Policy, or
any part of our Terms will not be allowed on BSSD. You agree not to post any
content that is false and misleading or use the Services in a manner that is
fraudulent or deceptive.
4. Your Use of BSSD’s Services
Rights to Use Our Services. We grant you a limited,
non-exclusive, non-transferable, and revocable license to use our Services -
subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You
agree that you will not violate any laws in connection with your use of the
Services. This includes any, state, or international laws that may apply to
you. For example, it’s your responsibility to obtain any permits or licenses
that your shop requires; you may not sell anything that violates any laws, and
you may not engage in fraud (including false claims or infringement notices),
theft, anti-competitive conduct, threatening conduct, or any other unlawful
acts or crimes against BSSD, another BSSD user, or a third party.
B. Pay Your Fees. You are responsible for
paying all fees that you owe to BSSD. You are also solely responsible for
paying any applicable taxes for any purchases or sales you make through our
C. Do Not Steal Our Material. You agree to not
crawl, scrape, or spider any page of the Services or to reverse engineer or try
to obtain the source code of the Services.
D. Do Not Try to Damage Our Systems. You
agree to not interfere with or try to disrupt our Services, for example by
distributing a virus or other harmful computer code.
5. How We Communicate
BSSD is required to provide you with
certain information in writing. The guidelines mentioned here cover all of
those messages, including the terms, policies and user agreements applicable to
your use of the Services, billing statements, transaction information, privacy
disclosures, and other legal documents that will be provided to you
electronically (collectively, the “Electronic Communications”).
By using our Services, you are agreeing to
receive Electronic Communications.
A. Information and Communications Will Be Sent
Electronically. BSSD will sometimes need to send you important messages about your
use of BSSD’s website, or Services such information will be sent
Under these Terms, you give your consent for BSSD to provide you
with the Electronic Communications (including all legal terms and legally
required disclosures) electronically. You also agree that your agreement with
electronic terms and disclosures has the same legal effect as if you had signed
an agreement on paper. For example, if language appearing next to a button on
BSSD’s website informs you that you will agree to certain terms by clicking the
button, then your click of the button will have the same legal effect as
signing an agreement on paper.
B. Delivery of Information. BSSD
may provide you with Electronic Communications by (a) emailing them to you at
the email address listed in your BSSD account, (b) posting them on the BSSD
website, or (c) making them available via a website designated in an email
notice to you.
C. Technical Requirements to Receive Electronic
Communications. In order to receive Electronic Communications, you must have the
A computer or mobile device;
A connection to the internet;
An internet browser that supports 128-bit encryption, with cookies
An active email address; and
Sufficient electronic storage space on your computer's hard drive
or other data storage unit and/or an installed printer to print disclosures.
D. Withdrawing Consent for Electronic Communications. You may
withdraw your consent to receive Electronic Communications at any time by
submitting a request to us at:
E. Updating Your Contact Information. To
ensure that you receive Electronic Communications, you should make sure that
the contact information in your BSSD account is accurate. BSSD is not
responsible for your failure to receive Electronic Communications if you failed
to update your contact information.
Termination by You. If
you are a buyer, you may terminate your account with BSSD at any time from your
account settings. Sellers may only terminate their account in writing, and
you’ll still have to pay any outstanding fees.
Termination by BSSD. We
may terminate or suspend your account (and any related accounts) and your
access to the Site at any time, for any reason, and without advance notice. If
we do so, it’s important to understand that you don’t have a contractual or
legal right to continue to use our Site, for example, to sell or buy on our
website. BSSD may refuse service to anyone, at any time, for any reason.
If you or BSSD terminate your account, you may lose any
information associated with your account, including Your Content.
We May Discontinue the Services. BSSD reserves the
right to change, suspend, or discontinue any of the Services at any time, for
any reason. We will not be liable to you for the effect that any changes to the
Services may have on you, including your income or your ability to generate
revenue through the Services.
7. Warranties and Limitation of Liability Items You Purchase.
You understand that BSSD does not manufacture, store, or inspect
any of the items sold through our Services. We provide the platform to buy,
sell, swop and donate. The items in our marketplace are produced, listed, and
sold by independent third-party sellers, so BSSD can't and does not make any
warranties about their quality, safety, or even their legality. Any legal claim
related to an item you buy must be brought against the seller of the item. You
release BSSD from any claims related to items sold through our Services,
including for defective items, misrepresentations by sellers, or items that
caused physical injury.
Third-Party Services. Our Services may contain links
to third-party websites or services that we don’t own or control (for example,
links to Facebook, Twitter and Pinterest). You may also need to use a third
party’s product or service in order to use some of our Services. When you
access these third-party services, you do so at your own risk. The third
to those agreements; they are solely between you and the third party.
IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT
AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE
PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE
EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY
WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF
WE DO NOT GUARANTEE THAT: (I) THE SERVICES
WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES
OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET
YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK.
LIABILITY LIMITS. TO THE FULLEST EXTENT
PERMITTED BY LAW, NEITHER BSSD, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE
TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES OR THESE TERMS.
We hope this never happens, but if BSSD gets sued because of
something that you did, you agree to defend and indemnify us. That means you’ll
defend BSSD (including any of our employees) and hold us harmless from any
legal claim or demand (including reasonable lawyer’s fees) that arises from
your actions, your use (or misuse) of our Services, your breach of the Terms,
or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see
fit, even if you are indemnifying us, in which case you agree to cooperate with
us so we can execute our strategy.
9. Disputes with Other Users
If you have a dispute with another user of BSSD or a third party,
we encourage you to contact the other party and try to resolve the dispute
You release BSSD from any claims, demands, and damages arising out
of disputes with other users or parties.
10. Disputes with BSSD
If you are upset with us, let us know, and hopefully we can
resolve your issue.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that
the changes are material, we shall let you know by posting the changes through
the Services and/or sending you an email or message about the changes. That way
you can decide whether you want to continue using the Services. Changes will be
effective upon the posting of the changes unless otherwise specified. You are
responsible for reviewing and becoming familiar with any changes. Your use of
the Services following the changes constitutes your acceptance of the updated
12. Other Legal Points
The Terms, including all of the policies that make up the Terms,
supersede any other agreement between you and BSSD regarding the Services. If
any part of the Terms is found to be unenforceable, that part will be limited
to the minimum extent necessary so that the Terms will otherwise remain in full
force and effect. Our failure to enforce any part of the Terms is not a waiver
of our right to later enforce that or any other part of the Terms. We may
assign any of our rights and obligations under the Terms.
13. Contact Information
If you have any questions about the Terms, please email us