Terms and Privacy

THE TULLE MARKET – TERMS AND CONDITIONS

The Tulle Market Website (“the Website”) is an online market place and community where individuals can sell or rent out their “pre-loved” or new wedding décor, accessories, wedding dresses and formal wear.  

Please read these terms and conditions carefully.  By using the Website, you indicate your understanding and acceptance of these terms and conditions and the privacy policy contained therein.  If you do not agree to these Terms and Conditions, you must not use the Website.

To the extent that the Consumer Protection Act No 68 of 2008 applies, we have a duty to point out certain important provisions in these Terms and Conditions to you.

Kindly pay special attention to the clauses that have been made bold in terms and conditions.

  1. Acceptance
    1. The Website and the service provided to you are subject to the terms and conditions contained herein.  
    2. By accessing or using the Website, you agree to have read, understood and agree to be bound by these Terms and Conditions.  
    3. For the purpose of the Terms and Conditions, wherever the context so requires, the terms “you”, “your” and “user” shall mean any person who uses the Website or the service in any manner whatsoever, including persons browsing the Website and its content, posting, comments or any content, or responding to any advertisements or content on the Website. Additionally, when using a portion of the service you agree to comply with all applicable posted guidelines and policies for such service.
    4. Should you object to any Terms and Condition, any Guidelines or any subsequent changes thereto, you must immediately discontinue use of the Website. Terms and Conditions may be updated by the Website from time to time. It is your responsibility to review the Terms and Conditions before making use of the Website. Using the Website after the Terms and Conditions have been amended will constitute an acceptance of the amended Terms and Conditions.
  2. Conduct
    1. You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Website, or otherwise make available content:
      1. that violates any law or regulation;
      2. that is copyrighted or patented, protected by trade secret or trademark unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant the Website all the license rights granted in these terms and conditions;
      3. that infringes any of the intellectual property rights of any party, or is content that you do not have the right to make available under any law, regulation, contractual or fiduciary relationship(s);
      4. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy and/or other rights;
      5. that harasses, degrades, intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual, orientation, race, ethnicity age, or disability;
      6. that is false deceptive, misleading, deceitful or constitutes a “bait and switch” offer;
      7. that constitute or contains bait marketing or negative option marketing or any other unsolicited advertisements of a commercial nature;
      8. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law.
    2. Any content uploaded by you shall be subject to relevant laws and may be disabled and may be subject to investigation under applicable laws.  Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms and conditions, we may terminate your account and block your access to the Website and remove any non- compliant content uploaded by you.
  3. Paid Postings
    1. The Tulle Market (“the Company”) may charge users a fee to post content in some specific areas in a designated area of the Website.  Each user posting Paid Content is responsible for the content and compliance with the terms and conditions. Any such fees are non-refundable if any content is removed from the Website for violating these terms and conditions.
  4. User Submissions
    1. When using the Website, you will be exposed to Content from a variety of sources and that, as far as the law allows, the Company is not responsible for the accuracy, usefulness, and safety or intellectual property rights of or relating to such content and you agree to assume all liability for your use.  You further may be exposed to contents that is inaccurate, offensive, indecent, objectionable, defamatory or libellous and as far as the law allows, you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
  5. Privacy
    1. Any information that you provide to the Company is subject to our Privacy Policy, which governs our use of your information. Through your use of the Website, you hereby consent to the collection and use of this information.
    2. The Tulle Market’s Privacy Policy is as follows:
      1. The Company is committed to protecting your personal information, as much as is reasonably possible. Your personal information refers to any information that can be used to identify you as an individual, and includes your name, identity number, contact details and bank account details.
      2. As far as the law allows, you agree that placing your personal information on the Website is at your own risk and that the Company cannot be held liable for your personal information being disclosed because of an action beyond its control including, but not limited to, a virus interfering with the privacy of your information or the Website being hacked.
      3. You understand that the Website may collect Personal Information such as your name and contact information when you participate in conversations on the forum or other marketing promotions we sponsor on our site. We may also process information related to the effectiveness of our advertising campaigns, including what ads are viewed and clicked on our network.
      4. You understand that when you contact our customer care number or via the contact form or email address, we may collect the Personal Information necessary to fulfil your request and to contact you for follow up as needed.  We may also contact you using existing account contact information you provide to us for this purpose.  We may also collect other information about our communications with our users, for example any user support requests that our users make or any feedback that our users provide to us.          
  6. Online forum
    1. The Website provides users with the ability to have general discussions on regarding their “pre-loved” or new goods to be sold and to ask advice from other users and from the Company regarding the sale of goods or the use of the Website.
    2. Users may only post comments on the forum that are directly relevant to the sale or purchase of “pre-loved” or new goods that are on sale or to be sold on the Website or goods that a buyer may be looking for.
    3. Users may not make any comments or posts that are harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy and/or other rights including, but not limited to, comments that are discriminatory in any way.
  7. Social media and advertising
    1. When using the Website, you understand and acknowledge that the Company may share or upload your post detailing your item to be sold, for the purpose of advertising or promoting the item on sale as well as to advertise the Company.
    2. The post shared or uploaded by the company will not contain any of your/the seller’s personal details.
    3. Should a viewer of the social media post be interested in the item on sale, the viewer will be required to first sign in to the Website and follow the ordinary procedure in order to communicate with the seller regarding the purchase of the item.
  8. Indemnity
    1. As far as the law allows, you agree to defend, indemnify and hold harmless the Company, its officers, subsidiaries, successors, directors, service providers, suppliers and employees from and against any and all claims, damages, obligations, losses, liabilities costs or debt and expenses arising from:
      1. Your violation of any provision of these Terms and Conditions;
      2. Your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right; or
      3. Any claim that you content caused damage to a third party.
  9. Dealings with Organisations and Individuals
    1. As far as the law allows, the Company shall not be liable for interactions with any organisations and / or individuals on the Website or through the private messaging system on the Website.  This includes, but is not limited to, payment and delivery of goods and services and any other terms, conditions, warranties or representations associated with any interaction you may have with other organisations or individuals.  These dealing are solely between you and such organisation and / or individual.
    2. As far as the Law allows, the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or interactions.  In the event that you have a dispute with one or more other users as far as the law allows, you hereby release the Company, its officers, employees, agents and successors from any and all claims, demands and damages of every kind of nature known or unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way related to such dispute and/or our service.
  10. Limitation and Termination of Service and Amendments to these terms
    1. The Company may establish limits from time to time concerning the use of the service including amongst others the maximum number of days that content will be maintained or retained on the Website, the size of posting and maximum number of postings, e-mail messages or other contents that may be transmitted or stores by the Website and the frequency with which you may access the Website;
    2. The Company in its sole and absolute discretion has the right to delete or deactivate your account and discard of any of your content with the Website and has no responsibility or liability for the deletion or the failure to store any content.
  11. Disclaimer of Warranties and Limitations of Liability
    1. As far as the law allows you to agree that use of the Website is entirely at your own risk and that the website and the services are provided as is or as available basis without any warranties of any kind.
    2. As far as the law allows the Company, its Affiliates, its officers, directors, employees and agents disclaim all warranties express or implied, in connection with the website and the use thereof. The Company make no warranties or representations about the accuracy or completeness of the website’s contents or the content of any third-party website linked to the website and assumes no liability or responsibility for any:
      1. errors, mistakes or inaccuracy or the contents; or
      2. personal injury or property damage, of any nature whatsoever resulting from your access to and use of the website or service.
    3. As far as the law allows, you agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the forgoing rests entirely with you.  The Company makes no representations or warranties that the website is appropriate for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
  12. Assignment
    1. These Terms and Conditions, and any rights, licences and obligations granted under the terms and conditions may not be ceded, delegated, transferred or assigned by you.  Any cession, delegation, assignment or transfer by you shall be null and void.
  13. Ability and Authority of Accept these Terms
    1. This Website is intended only for adults and for entities and persons that are entitled to contract as per applicable laws.  
    2. If you are using this Website as a representative of any personal entity you warrant, represent and undertake that you are legally authorised to represent that person or entity. You warrant, represent and undertake that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the Terms and Conditions and abide by and comply with the Terms and Conditions
  14. General
    1. Adverts are only accepted only in English.
    2. Photographs should not have any watermarks on them.  
    3. The photos advertising the items must be suitable and appropriate to that item or product.  
    4. The adverts are for items to be sold or rented out in South Africa only.  
    5. You may not copy other user’s adverts; your advert must be original.
  15. Newsletter, promotions and email communications
    1. The Company may use and process personal information to provide you with communication about products and services on offer.
    2. The Company may, from time to time, use your contact information to inform you of news, promotions, events and other details relevant to the services provided by the Company.
    3. The frequency of the newsletter issues will be monthly, unless there is a special promotion or competition running or at the discretion of the Company.
    4. The Company reserves the right to modify or discontinue the newsletter, at any time, without any notice to you.
    5. By entering your details on the Website, you will automatically be added to our database and will start receiving the aforementioned communications. You can unsubscribe from this at any time by clicking on the “opt out” link on the email communication.