Terms of Use

1. Introduction and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and [Your Company Name (Pty) Ltd] (Registration No. [Registration Number]), trading as eCrafter ("eCrafter", "we", "us", or "our"), with its registered address at [Registered Physical Address].

eCrafter is a web-based platform that connects Market Organizers with Vendors. By accessing, browsing, or using the eCrafter website and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

This agreement is concluded electronically and has full legal force and effect in accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), Sections 11 and 12. The agreement is formed at the moment you create an account or, if you use the Service without an account, at the moment you first access the Service.

If you do not agree to these Terms, you must immediately stop using the Service.

2. Definitions

• "Application" means a vendor's submission to participate in a Market, including the pitch, product photos, category selections, and stand preferences.
• "Content" means all text, images, photos, data, and other materials displayed on or transmitted through the Service.
• "Market" means an event created and managed by an Organizer through the Service.
• "Organizer" or "Market Organizer" means a User who registers to create, manage, and operate Markets through the Service.
• "Stand" means a designated physical space within a Market allocated to a Vendor.
• "User" means any person who accesses or uses the Service, whether as an Organizer, Vendor, or visitor.
• "User Content" means any Content uploaded, submitted, or transmitted by a User, including profile information, product photos, descriptions, and messages.
• "Vendor" means a User who registers to discover Markets, submit Applications, and sell products or services at Markets.

3. Eligibility and Registration

3.1 Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract under South African law to use the Service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features of the Service, you must create an account by providing accurate, complete, and current information. You agree to update your information promptly if it changes. We reserve the right to suspend or terminate accounts that contain inaccurate or misleading information.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at [Contact Email] if you become aware of any unauthorised use of your account.

4. The Service

4.1 Description

eCrafter provides a platform that enables Organizers to create and manage Markets, configure stand spaces, and review vendor Applications; and enables Vendors to discover Markets, submit Applications, manage product lists, and communicate with Organizers. The Service also facilitates messaging, stand assignment, and data exports.

4.2 Platform Role

eCrafter acts solely as an intermediary platform. We are not a party to any agreement, transaction, or arrangement between Organizers and Vendors. Any payments, fees, or financial arrangements for market participation are made directly between Organizers and Vendors outside the Service. eCrafter does not process payments on behalf of either party.

4.3 Supplier Information (ECTA Section 43)

In compliance with ECTA Section 43, the following information is provided:

• Legal name: [Your Company Name (Pty) Ltd]
• Registration number: [Registration Number]
• Physical address: [Registered Physical Address]
• Contact email: [Contact Email]
• Legal status: Private company registered in the Republic of South Africa

5. Organizer Obligations

As an Organizer, you agree to:

• Provide accurate and complete information when creating Markets, including dates, location, categories, stand types, and pricing.
• Review vendor Applications in a timely and fair manner.
• Communicate clearly with Vendors regarding application status, stand assignments, and market-day requirements.
• Comply with all applicable local regulations, permits, and licences required to operate your Market.
• Not use vendor personal information obtained through the Service for purposes other than managing the relevant Market, in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA").

6. Vendor Obligations

As a Vendor, you agree to:

• Complete your profile accurately, including business name, description, contact details, and product information.
• Submit only truthful and accurate information in Applications, including product photos and descriptions.
• Not offer counterfeit, stolen, or infringing goods or services, in accordance with the Counterfeit Goods Act 37 of 1997 and the Trade Marks Act 194 of 1993.
• Comply with all applicable food safety, health, and consumer protection regulations relevant to the products you sell.
• Provide accurate banking details when requested, and accept responsibility for the correctness of such information.
• Not use organizer contact information obtained through the Service for unsolicited marketing or purposes unrelated to market participation.

7. Applications and Stand Assignment

• Vendors may submit Applications to participate in published Markets. Submission of an Application does not guarantee acceptance.
• Organizers have sole discretion to approve, reject, or waitlist Applications based on their own criteria.
• eCrafter does not influence or participate in the approval/rejection decision and bears no liability for an Organizer's decision.
• Stand assignments are made by Organizers. Once a Vendor confirms acceptance of a stand assignment, any changes are subject to the Organizer's policies.
• In accordance with ECTA Section 43(2), Vendors have the opportunity to review their Application in full and correct any errors before final submission.

8. User Content and Intellectual Property

8.1 eCrafter Intellectual Property

The Service, including its name, logo, design, code, and all Content created by eCrafter, is the intellectual property of eCrafter and is protected by applicable South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its intended purpose.

8.2 Your Content

You retain ownership of all User Content you upload or submit to the Service. By uploading User Content, you grant eCrafter a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Service. This licence terminates when you delete your User Content or your account, except where retention is required by law or these Terms.

8.3 Content Warranties

You represent and warrant that you own or have obtained all necessary rights, licences, and permissions for any User Content you upload, and that such Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.

9. Prohibited Conduct

You agree not to engage in any of the following:

• Providing false, misleading, or deceptive information in your profile, Applications, or communications.
• Offering or selling counterfeit, stolen, unsafe, or illegal goods or services.
• Infringing the intellectual property rights of eCrafter or any third party.
• Harassing, threatening, or abusing other Users.
• Sending unsolicited commercial messages (spam) through the Service's messaging features.
• Attempting to gain unauthorised access to other User accounts, the Service's systems, or data.
• Scraping, crawling, or using automated means to extract data from the Service without our written consent.
• Circumventing or interfering with security features of the Service.
• Using the Service for any purpose that is unlawful under South African law or any other applicable jurisdiction.

We reserve the right to investigate violations and may suspend or terminate your account, remove Content, and/or report conduct to law enforcement authorities where appropriate.

10. Content Takedown and Safe Harbour

In accordance with Chapter XI of ECTA, eCrafter operates as an intermediary service provider. We do not monitor, endorse, or control User Content and are not liable for Content posted by Users, provided we act in accordance with applicable safe harbour provisions.

If you believe that any Content on the Service infringes your rights or is otherwise unlawful, you may submit a takedown notice to legal@ecrafter.co.za including:

• A description of the Content you believe is infringing or unlawful.
• The location (URL or description) of the Content on the Service.
• Your contact information.
• A statement that you have a good-faith belief that the Content is infringing or unlawful.
• Evidence supporting your claim.

Upon receipt of a valid takedown notice, we will investigate and, where appropriate, remove or disable access to the Content within a reasonable timeframe.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The information provided by Organizers or Vendors is accurate, reliable, or complete.
• Any particular outcome will result from the use of the Service, including acceptance of Applications or successful market participation.

eCrafter does not endorse, verify, or guarantee the quality, safety, or legality of any products or services offered by Vendors, or the accuracy of any Market information provided by Organizers.

12. Limitation of Liability

Please read this section carefully as it limits our liability to you.

To the maximum extent permitted by South African law:

• eCrafter shall not be liable for any disputes, claims, losses, or damages arising from arrangements between Organizers and Vendors, including payment disputes, product quality issues, or market-day incidents.
• eCrafter shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, however caused.
• Our total aggregate liability for any claims arising from or related to your use of the Service shall not exceed the total fees (if any) paid by you to eCrafter in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under South African law.

13. Indemnification

You agree to indemnify, defend, and hold harmless eCrafter, its directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Service or violation of these Terms.
• Your User Content, including any claims that it infringes third-party rights.
• Any products or services you offer, sell, or promote through the Service.
• Your breach of any applicable law, including POPIA, the Consumer Protection Act 68 of 2008, food safety regulations, or intellectual property laws.

14. Term and Termination

14.1 Duration

These Terms remain in effect for as long as you maintain an account or use the Service.

14.2 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature (where available). Termination does not relieve you of obligations incurred prior to termination.

14.3 Termination by eCrafter

We may suspend or terminate your account immediately and without prior notice if you breach these Terms, engage in prohibited conduct, or if we are required to do so by law. For non-urgent matters, we will provide reasonable notice before termination.

14.4 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Your personal information will be handled in accordance with our Privacy Policy. Sections 8 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 16 (Dispute Resolution), and 17 (General Provisions) survive termination.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice by updating the "Last updated" date and notifying you via email or an in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and terminate your account before the changes take effect.

16. Dispute Resolution

16.1 Negotiation

In the event of any dispute arising from or in connection with these Terms or the Service, the parties shall first attempt to resolve the matter through good-faith negotiation within fourteen (14) days of written notice of the dispute.

16.2 Mediation

If the dispute is not resolved through negotiation, either party may refer the matter to mediation conducted by a mutually agreed mediator in South Africa.

16.3 Arbitration

If mediation fails or is not pursued, the dispute shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA") by a single arbitrator. The seat of arbitration shall be South Africa. The arbitration proceedings and any award shall be confidential.

16.4 Urgent Relief

Nothing in this section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

17. General Provisions

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including ECTA, the Consumer Protection Act 68 of 2008 (where applicable), and POPIA.

17.2 Severability

If any provision of these Terms is found to be invalid, unenforceable, or unlawful by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and eCrafter regarding your use of the Service, and supersede all prior or contemporaneous understandings, agreements, or representations.

17.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of eCrafter.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. eCrafter may assign its rights and obligations to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that we notify you of such assignment.

17.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including natural disasters, pandemics, war, government action, power failures, or internet disruptions.

17.7 Notices

All notices under these Terms will be sent to the email address associated with your account. Notices are deemed received at the time of sending. It is your responsibility to ensure your email address is current.

17.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and eCrafter, or between Organizers and Vendors through the Service.

17.9 Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information in compliance with POPIA.

18. Contact Us

If you have questions about these Terms, please contact us at: