1.INTRODUCTION

1.1This marketplace can be accessed at www.weareurbanground.com, related apps and software applications (the “Marketplace”) which Urban Ground which is a wholly owned brand of BlueBox Worldwide Limited No. 06494351 (UK) , trading in South Africa under license through Netideas CC No. CK2007/209398/23 (“Urban Ground”, “we”, “us” and “our”).

1.2 These marketplace Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the marketplace.

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Marketplace (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Marketplace and by clicking on the “Register Now” button on the Marketplace, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4 The Marketplace enables you to shop online for an extensive range of goods as found on the Marketplace.

1.5 Urban Ground allows third party sellers to list and sell their Goods on the Marketplace (each a “Third Party Seller”) which are then available for sale to you. 

2.IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1 May limit the risk or liability of Urban Ground or a third party; and/or

2.2.2 May create risk or liability for the user; and/or

2.2.3 May compel the user to indemnify Urban Ground or a third party; and/or

2.2.4 Serves as an acknowledgement, by the user, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Urban Ground to explain it to you before you accept the Terms and Conditions or continue using the Marketplace.

2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Urban Ground in terms of the CPA.

2.6 Urban Ground permits the use of this Marketplace subject to the Terms and Conditions. By using this Marketplace in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Marketplace if you do not agree to the Terms and Conditions.

3.RETURNS

3.1 Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

4.REGISTRATION AND USE OF THE MARKETPLACE

4.1 Only registered users may order Goods on the Marketplace.

4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Urban Ground. You will need to use your unique username and password to access the Marketplace in order to purchase Goods.

4.3 You agree and warrant that your username and password shall:

4.31 Be used for personal use only; and

4.32 Not be disclosed by you to any third party.

4.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

4.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.6 You agree to notify Urban Ground immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.7 By using the Marketplace you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Marketplace only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Marketplace. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Marketplace or the information contained herein, without the prior written consent from an authorised Urban Ground representative (such consent is deemed given for standard search engine technology employed by Internet search marketplaces to direct Internet users to this Marketplace).

4.9 You may not use the Marketplace to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.10 You may not in any way display, publish, copy, print, post or otherwise use the Marketplace and/or the information contained therein without the express prior written consent of an authorised Urban Ground representative.

5.CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1 Registered users may place orders for Goods, which Urban Ground or the Third Party Seller may accept or reject. Whether or not Urban Ground or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Urban Ground for the Goods.

5.2 NOTE: Urban Ground or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Urban Ground or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Urban Ground stating that your order or payment has been confirmed. Urban Ground will indicate the rejection of your order (by Urban Ground itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.3 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

5.4 Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Urban Ground or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

5.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Urban Ground, Urban Ground will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Marketplace. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Urban Ground will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

5.6 In the case of Goods for sale by a Third Party Seller, Urban Ground relies on inventory information supplied by the relevant Third Party Seller and Urban Ground accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

5.9 Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.

6. PAYMENT

6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.2 Whether the Goods are for sale by Urban Ground or a Third Party Seller, payment can be made for Goods via –

6.2.1 Debit card;

6.2.2 Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Marketplace;

6.2.3 Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Urban Ground will not accept your order if payment has not been received;

6.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

6.4 You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.

6.5 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. DELIVERY OF GOODS

7.1 Delivery will only ever be handled via courier – either a central courier service contracted by Urban Ground or a courier contracted by the Vendor to deliver the goods.

7.2 For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

7.3 Where it accepts your order, Urban Ground or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30(thirty (days) days of receipt of your payment (“Delivery Period”), unless a longer lead-time is stated by Third Party Seller on product information page. We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

7.4 Urban Ground’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Urban Ground is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8. ERRORS

8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Marketplace. However, should there be any errors of whatsoever nature on the Marketplace (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

8.2 Urban Ground shall not be bound by any incorrect information regarding Goods displayed on any third party marketplaces.

9. Third Party Sellers

9.1 Urban Ground only provides the platform to facilitate transactions between Third Party Sellers and Urban Ground customers. Urban Ground is neither the buyer nor the seller of these Goods unless otherwise specified.

9.2 The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Urban Ground is not a party to that sale.

9.3 The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

9.4 Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

9.5 Because Urban Ground wants the registered user to have a safe and consistent experience, Urban Ground will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Urban Ground’s own Returns Policy. Should such claim escalate into being a dispute, although Urban Ground is entitled to become involved in an attempt to resolve it, Urban Ground is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

10. PRIVACY POLICY

10.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

10.2 Should you decide to register as a user on the Marketplace, we may require you to provide us with personal information which includes but is not limited to –

10.2.1 your name and surname;

10.2.2 your email address;

10.2.3 your physical address;

10.2.4 your gender;

10.2.5 your mobile number; and

10.2.6 your date of birth.

10.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

10.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

10.5 Subject to clause 10.6 below, we will not, without your express consent:

10.5.1 use your personal information for any purpose other than as set out below:

10.5.1.1in relation to the ordering, sale and delivery of Goods;

10.5.1.2 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

10.5.1.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

10.5.1.4 to improve our product selection and your experience on our Marketplace by, for example, monitoring your browsing habits, or tracking your sales on the Marketplace; or

10.5.2 disclose your personal information to any third party other than as set out below:

10.5.2.1 to our employees and/or third party service providers who assist us to interact with you via our Marketplace, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

10.5.2.2 to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

10.5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

10.5.2.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

10.5.2.5 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

10.5.2.6 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 9 above).

10.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Urban Ground is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

10.7 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

10.8 Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Marketplace, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Marketplace. We will not display your Last Name, nor any of your contact details, with a rating or review.

10.9 We will –

10.9.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

10.9.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

10.9.3 provide you with access to your personal information to view and/or update personal details;

10.9.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

10,9.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

10.9.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

10.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

10.11 Urban Ground undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

10.12 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

10.13 If you disclose your personal information to a third party, such as an entity which operates a marketplace linked to this Marketplace or anyone other than Urban Ground, Urban Ground SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

10.14 This marketplace makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a marketplace can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a marketplace and allow a marketplace to track usage behaviour and compile aggregate data that will allow the marketplace operator to improve the functionality of the marketplace and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Marketplace, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Marketplace will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 10.

11. CHANGES TO THESE TERMS AND CONDITIONS

11.1 Urban Ground may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Marketplace.

11.2 Any such change will only apply to your use of this Marketplace after the change is displayed on the Marketplace. If you use the Marketplace after such amended Terms and Conditions have been displayed on the Marketplace, you will be deemed to have accepted such changes.

12. ELECTRONIC COMMUNICATIONS

When you visit the Marketplace or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.

13. OWNERSHIP AND COPYRIGHT

13.1 The contents of the Marketplace, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Marketplace (“Marketplace Content”) are protected by law, including but not limited to copyright and trade mark law. The Marketplace Content is the property of Urban Ground, its advertisers and/or sponsors and/or is licensed to Urban Ground.

13.2 You will not acquire any right, title or interest in or to the Marketplace or the Marketplace Content.

13.3 Any use, distribution or reproduction of the Marketplace Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Marketplace Content contact us via our Help page.

13.4 Where any of the Marketplace Content has been licensed to Urban Ground or belongs to any third party, your 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.

14. DISCLAIMER

14.1 The use of the Marketplace is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Marketplace or reliance on any information on the Marketplace.

14.2 Whilst Urban Ground takes reasonable measures to ensure that the content of the Marketplace is accurate and complete, Urban Ground makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Marketplace or as to the accuracy, completeness or reliability of any information on the Marketplace. If any such representations or warranties are made by Urban Ground’s representatives, Urban Ground shall not be bound thereby.

14.3 Urban Ground disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Marketplace and/or any content therein unless otherwise provided by law.

14.4 Although Goods sold from the Marketplace may, under certain specifically defined circumstances, be under warranty, the Marketplace itself and all information provided on the Marketplace is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

14.5 Any views or statements made or expressed on the Marketplace are not necessarily the views of Urban Ground, its directors, employees and/or agents.

14.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Urban Ground also makes no warranty or representation, whether express or implied, that the information or files available on the Marketplace are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Urban Ground, its employees, agents or authorised representatives. Urban Ground thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Marketplace.

15. LINKING TO THIRD PARTY MARKETPLACES

15.1 This Marketplace may contain links or references to other marketplaces (“Third Party Marketplaces”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Marketplaces and Urban Ground is not responsible for the practices and/or privacy policies of those Third Party Marketplaces or the “cookies” that those sites may use.

15.2 Notwithstanding the fact that the Marketplace may refer to or provide links to Third Party Marketplaces, your use of such Third Party Marketplaces is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Marketplaces or your reliance on any information contained thereon.

16. LIMITATION OF LIABILITY

16.1 Urban Ground cannot be held liable for any inaccurate information published on the Marketplace and/or any incorrect prices displayed on the Marketplace, save where such liability arises from the gross negligence or wilful misconduct of Urban Ground, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

16.2 Urban Ground SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE MARKETPLACE OR THE CONTENT CONTAINED IN THE MARKETPLACE; OR YOUR INABILITY TO USE THE MARKETPLACE, AND/OR UNLAWFUL ACTIVITY ON THE MARKETPLACE AND/OR ANY LINKED THIRD PARTY MARKETPLACE.

16.3 YOU HEREBY INDEMNIFY Urban Ground AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS MARKETPLACE AND/OR ANY LINKED THIRD PARTY MARKETPLACE.

17. AVAILABILITY AND TERMINATION

17.1 We will use reasonable endeavours to maintain the availability of the Marketplace, except during scheduled maintenance periods, and are entitled to discontinue providing the Marketplace or any part thereof with or without notice to you.

17.2 Urban Ground may in its sole discretion terminate, suspend and modify this Marketplace, with or without notice to you. You agree that Urban Ground will not be liable to you in the event that it chooses to suspend, modify or terminate this Marketplace other than for processing any orders made by you prior to such time, to the extent possible.

17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Marketplace without any prejudice to any claims for damages or otherwise that we may have against you.

17.4 At any time, you can choose to stop using the Marketplace, with or without notice to Urban Ground.

18. GOVERNING LAW AND JURISDICTION 

18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Marketplace will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

18.2 In the event of any dispute arising between you and Urban Ground, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

18.3 Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

19. NOTICES

19.1 Urban Ground hereby selects PO Box 1234, Kloof, 3640, Durban, South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Urban Ground may change this address from time to time by updating these Terms and Conditions.

19.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Urban Ground not less than 7 days’ notice in writing.

19.3 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

19.3.1 by hand will be deemed to have been received on the date of delivery;

19.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

19.3.3 by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

19.3.4 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

20. COMPLAINTS 

We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Marketplace. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Marketplace: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za CGSO

21. INFORMATION

21.1 For the purposes of the ECT Act, Urban Ground’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Marketplace:

21.2.1 Full name : Urban Ground which is a wholly owned brand of BlueBox Worldwide Limited No. 06494351 (UK) , trading in South Africa under license through Netideas CC No. CK2007/209398/23 

21.2.2 Main business: Online retailer

21.2.3 Physical address for receipt of legal service (also postal and street address): PO Box 1234, Kloof, 3640, Durban, South Africa(marked for attention: CEO and Legal)

21.2.4 Office bearers: Samantha de Villiers

21.2.5 Phone number: +27 637657806

21.2.6 Email address: help@weareurbanground.com

21.2.7 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.

22 GENERAL

22.1 Urban Ground may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Marketplace or the user’s right to use the Marketplace or any of its contents subject to us processing any orders then already made by you.

22.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

22.1.2 Any failure on the part of you or Urban Ground to enforce any right in terms hereof shall not constitute a waiver of that right.

22.1.3 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

22.1.4 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

22.1.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

22.1.6 These Terms and Conditions contain the whole agreement between you and Urban Ground and no other warranty or undertaking is valid, unless contained in this document between the parties.