Terms and Conditions

1. 1         

• • “we”, “us” or “our” refers to TerraTibi.
  • “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
  • “registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms
  • “Buyer” means the user who signs up as a buyer will be regarded as a prospective buyer or current buyer regardless of closing an actual purchase.
  • “Supplier” / “Vendor” means the user who signs up as a supplier and lists their products. The action of listing their products will be regarded as a formal request for selling their products or goods according to the Terms of Service for Suppliers.

1.2 The Website and the Service are provided to you subject to these Terms and Conditions of Use (these “Terms”). By accessing or using the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms and Conditions. For the purpose of the Terms and Conditions and wherever the context so requires, the terms and Conditions “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.

1.3 You are solely responsible for reviewing these Terms and Conditions from time to time. Should you object to any term or condition of these Terms and Conditions, any guideline, or any subsequent changes thereto, you must immediately discontinue use of the Website and the Service. These Terms and Conditions may be updated by TerraTibi from time to time.

1.4 This terms and conditions takes precedence and over rules any and all other agreements made on or through the website and all its users. This includes and is not limited to all transactions, sales agreements or any other related contracts that are made on or off the website between any and all parties

2.1 TerraTibi provides an online marketplace for the agricultural sector, food sector and related products and services. We provide a platform where our users who comply with these Terms and Conditions can offer, sell, and buy products and services listed on the Website and on our software application made available for mobile devices Although you may be able to conduct payment and other transactions through the Website, if you choose to use other platforms TerraTibi is not in any way involved in such transactions. TerraTibi does not get involved in any payments made off our site/ on other payment platforms and is in no way involved in those transactions. We do have an online payment platform on our site that we enable customers and vendors to use. As a result discussed in more detail in the Payment Terms and Conditions section.

2.2 TerraTibi is not responsible for any advertisements, comments, offerings, user postings, images, photographs, videos, sound clips, directory information, business listings/information, or any other materials made available through the Website or Service, or any messages between users, including without limitation, e-mails or chats or other means of electronic communication (“Content“), whether accessed or exchanged through the Website or other third party websites (“Third Party Websites“). By using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows: (i) you are responsible for, must evaluate, and bear all risks associated with the use of any Content; (ii) you may not rely on any Content; and (iii) under no circumstances will TerraTibi be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading of any Content listed, e-mailed or otherwise made available via the Service. TerraTibi is not obliged to pre-screen or approve any Content, but TerraTibi  has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and Conditions where such violation is brought to TerraTibi knowledge. Furthermore, the Website and Content available through the Website and our mobile application may contain links to Third Party Websites which are completely unrelated to TerraTibi. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, TerraTibi makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and TerraTibi will not be liable in any way for your link to such other websites.

2.3 As far as the law allows, you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and undertake that: (i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize TerraTibi to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and Conditions.

2.4 For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to TerraTibi an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and TerraTibi (and its successors’) business, including, without limitation, for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by TerraTibi in order to host and display your Content.

2.5 We also hereby grant each user of the Website and our mobile device application a non-exclusive license to access your Content through the Website and our mobile device application, which license excludes, amongst other things, scraping of Content and any other possible use for commercial purposes. The license you have granted to each user in terms of this Section terminates once you or TerraTibi remove or delete such Content from the Website.

2.6 By you posting Content to any public area of the Service, you agree to and do hereby grant to TerraTibi all rights necessary to (i) prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms and Conditions; and (ii) to enforce, on your behalf all rights you may have in the Content against any infringement by a third party. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world.

2.7 TerraTibi does not endorse any Content or any opinion, statement, recommendation, or advice expressed in the Content, and, as far as the law allows, TerraTibi expressly disclaims any and all liability in connection with Content. TerraTibi does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and TerraTibi may, at its sole discretion, remove any infringing Content or which it may consider to be infringing. TerraTibi reserves the right to remove any Content without prior notice. TerraTibi may also terminate a user’s access to the Website, if they are determined to be a repeat infringer or found to be engaging in any act contrary to these Terms and Conditions. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, TerraTibi reserves the right to decide whether any Content is appropriate and complies with these Terms and Conditions.

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:

3.1 That violates any law or regulation;

3.2 That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, 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 TerraTibiall of the license rights granted in these Terms and Conditions.

3.3 That infringes any of the intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);

3.4 That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

3.5 That harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3.6 That violates any local employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.

3.7 That includes personal or identifying information about another person or entity without that person’s explicit consent; 

3.8 That impersonates any person or entity, including, but not limited to, a TerraTibi employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

3.9 Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

3.10 That is false, deceptive, misleading, deceitful or constitutes a “bait and switch” offer;

3.11 That constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral Code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;

3.12 That constitutes or contains any form of advertising or solicitation if (a) posted in areas or categories of the Website which are not designated for such purposes; or (b) e-mailed to TerraTibi users who have requested not to be contacted about other services, products or commercial interests;

3.13 That includes links to commercial services or Third Party Websites, except as specifically         allowed by TerraTibi;

3.14 That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation, sales of items that are prohibited or regulated by applicable law;

3.15 That contains software viruses or any other computer code, files or programs designed to             interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource; 

3.16 That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack or distributed denial of service attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or 

3.17 That employs misleading email addresses, or forged headers or otherwise manipulated   identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

3.18 Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a Third Party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;

3.19 Make any libelous or defamatory comments or postings to or against anyone;

3.20 Collect personal information about other users or entities for commercial or unlawful purposes;

3.21 Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

3.22 Repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

3.23 Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas; 

3.24 Attempt to gain unauthorized access to computer systems owned or controlled by TerraTibi or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;

3.25 Use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of TerraTibi “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or

3.26 Use any automated device or software that enables the automatic submission or alteration of postings on TerraTibi without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.

3.27 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, or the terms and conditions of TerraTibi  privacy policy incorporated in these Terms and Conditions we may terminate your account/block your access to the Website and we reserve the right to remove any non-compliant Content uploaded by you.

TerraTibi shall charge users a fee to post Content (“Paid Content”). The fee permits Paid Content to be posted on the Website and on the software application made available by us for mobile devices. Each user posting Paid Content to the Service is responsible for the Content and compliance with the Terms and Conditions. Any such fees are non-refundable in the event that any Content is removed from the Service for violating these Terms and Conditions. By agreeing to these Terms and Conditions you also agreed to the Terms and Conditions for Featured Ads.

As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. TerraTibi prohibits the use of Posting Agents, directly or indirectly, without the express written permission of  TerraTibi. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from TerraTibi.

6.1 TerraTibi grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Service for commercial use. This license does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service; or (c) any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TerraTibi or as otherwise set forth in these Terms and Conditions.

6.2 Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service may engage in the activities set forth in (b), provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings, including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.

6.3 The license set forth in this clause 6 permits you to display individual postings on the Service on your website, or create a hyperlink thereto, so long as such use is for commercial purposes only (e.g. for use in commercial blogs or other commercial online media). TerraTibi may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms and Conditions immediately terminates any permission or license granted by TerraTibi  in these Terms and Conditions. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated in these Terms and Conditions, you must first obtain an appropriate license from TerraTibi.

If you are an owner of intellectual property rights, or an agent who is fully authorized to act on behalf of the owner of intellectual property rights, and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to TerraTibi together with a request to TerraTibi to delete the relevant Content in good faith. The notification and the request must contain the following information:

7.1  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

7.2  Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;

7.3  Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TerraTibi to locate the material;

7.4  Information reasonably sufficient to permit TerraTibi to contact you, such as an address, telephone number, and an electronic mail address;

7.5  A signed affidavit that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;

7.6  A signed affidavit that the intellectual property-owner hold TerraTibi harmless from any claim of any third party in connection with the removing by TerraTibi of the relevant content; and

7.7  A signed affidavit that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.8  Notifications must be sent to info@terratibi.com  and/or on the Grievance Officer’s mail id provided herein below.

The materials on the Website and on our mobile device application, other than the user Content that you licensed under these Terms and Conditions, but including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (““Materials””) and the trademarks, service marks and logos contained therein , are owned by or licensed to TerraTibi, and are subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. In connection with the Services, the Website may display certain Materials that are protected by intellectual property rights and proprietary rights belonging to third parties. Use of these Materials may be subject to a license granted by third parties to TerraTibi. You shall, in no event, reverse engineer, decompile, or disassemble such Materials and nothing herein shall be construed to grant you any right in relation to such Materials. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TerraTibi reserves all rights not expressly granted in these Terms and Conditions to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

When using the Website and/or our software application made available for mobile devices, you will be exposed to Content from a variety of sources, and that, as far as the law allows, TerraTibi  is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous 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 TerraTibi with respect thereto.

You agree to defend, indemnify and hold harmless TerraTibi, its officers, subsidiaries, associates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any provision of these Terms and Conditions; (ii) your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defense and indemnification obligation will, subject to any provisions contained in the Prescription Act, 68 of 1969, survive termination, modification or expiration of these Terms and Conditions and your use of the Service and the Website and our mobile device application.

You understand and agree that sending unsolicited email advertisements or other unsolicited communications to TerraTibi email addresses or through TerraTibi computer systems is expressly prohibited by these Terms and Conditions. You agree that from time to time TerraTibi may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the TerraTibi e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms and Conditions. Any unauthorized use of TerraTibi computer systems is a violation of these Terms and Conditions and certain applicable laws. Such violations may subject the sender and his or her agents to civil claims and criminal penalties.

TerraTibi shall not be liable for your interactions with any organizations and/or individuals on the Website and our mobile device application or through the Service. 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 organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, TerraTibi shall not be responsible or liable for any loss or damage of any sort incurred as the 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 TerraTibi, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

13.1 TerraTibi may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages,  maximum number of vendor staff members, affiliates, associates, users ad capabilities or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website.

13.2 TerraTibi, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), to modify or discontinue the Service (or any part thereof), and to remove and discard any Content within the Service. As far as the law allows, TerraTibi has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service and shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or for any termination of your access to the Website or the Service.

13.3 TerraTibi may also from time to time amend these Terms and Conditions. All changes to the Service or to these Terms and Conditions will take effect from the time that TerraTibi places them on the Website. You are responsible for reviewing and checking these Terms and Conditions whenever you wish to use the Service or the Content.

13.4Any changes to the Terms and Conditions relating to paid services shall be notified to you at least 30 days (or such shorter period as may be required by law or as may be reasonable having regard to the nature and content of the changes) before the changes come into effect. We will do this by sending you an email, or other methods of communication, or through a pop-up notice when you access the Service or the Website.

14.1 YOU AGREE THAT USE OF THE WEBSITE AND THE SOFTWARE APPLICATION MADE AVAILABLE BY US FOR MOBILE DEVICES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SOFTWARE APPLICATION MADE AVAILABLE BY US FOR MOBILE DEVICES AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

14.2 AS FAR AS THE LAW ALLOWS, TERRATIBI, ITS ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICE AND YOUR USE THEREOF. TERRATIBI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.

14.3 AS FAR AS THE LAW ALLOWS, TERRATIBI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TERRATIBI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14.4 AS FAR AS THE LAW ALLOWS, IN NO EVENT SHALL TERRATIBI, ITS ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TERRATIBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, (II) FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR (III) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE, (IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (V) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (VIII) ANY BUGS, MALWARE, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE.

14.5 YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TERRATIBI NOR ANY PERSON ASSOCIATED WITH TERRATIBI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

14.6 SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE TERRATIBI SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14.7 YOU AGREE THAT TERRATIBI 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 FOREGOING RESTS ENTIRELY WITH YOU. TERRATIBI 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.

14.8 TERRATIBI SHALL NOT BE RESPONSIBLE FOR ANY LEGAL COSTS/EXPENSES AND / OR LOSSES, MONETARY OR OTHERWISE, HOWSOEVER INCURRED BY YOU AS A RESULT OF THE USE OF PLATFORM/SITE.

14.9 IN NO EVENT WILL TERRATIBI, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF VENDOR, TERRATIBI AND ITS ASSOCIATES, ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF VENDOR.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

These Terms and Conditions, and any rights, licenses and obligations granted under these Terms and Conditions, may not be ceded, delegated, transferred or assigned by you. You agree that TerraTibi may, at any time and without restrictions, transfer, cede, delegate or assign any or all of its rights and obligations under these Terms and Conditions. Any cession, delegation, assignment or transfer by you shall be null and void.

This Website is intended only for adults and for entities and persons that are entitled to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you warrant, represent and undertake that you are legally authorized to represent that person/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, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions

17.1 These Terms  and Conditions and the other policies posted by TerraTibi on the Website constitute the complete and exclusive understanding and agreement between you and TerraTibi and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms and Conditions and the relationship between you and TerraTibi shall be governed by the laws of the Republic of South Africa without regard to its conflict of law principles. Any claim you may have against TerraTibi must be submitted to the exclusive jurisdiction of the courts located within the Republic of South Africa. The failure of TerraTibi to exercise or enforce any right, remedy or provision in or arising from these Terms and Conditions shall not constitute a waiver of such right, remedy or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms and Conditions is held to be invalid, illegal or unenforceable, then the validity, legality and enforceability of the remaining provisions of the Terms and Conditions shall not in any way be affected or be impaired. These Terms and Conditions shall insure to the benefit of and be binding upon each party’s successors.

17.2 Buyers and Sellers must have their own separate agreements with regards to terms and conditions for the sale.  This will include processing, delivery, shipping, refunds, returns, or any other elements involved.

17.3 TerraTibi only act as a payment solution that buyers and vendors may use.  By use of it,  they  agree to the payment terms and conditions section.

17.4 If the buyer or vendor choose to use a different payment method, TerraTibi will have no involvement at all beyond the services they use on the site

17.5 Vendor Subscriptions are non-refundable (regardless of outcome)  and can only be given based on TerraTibi’s sole discretion.

• Buyers and Sellers must have their own separate agreements with regards to terms and conditions for the sale.  This will include processing, delivery, shipping, refunds, returns, or any other elements involved

17.6 Verification timelines may vary and are conducted by a 3rd party.

17.7 TerraTibi has sole discretion on who may use any of the TerraTibi products and services and may reject any persons for any reason TerraTibi deems valid.

17.8 Vendor Subscriptions are automated and vendors will be notified prior to renewal.  If the first try fails, an automatic retry will occur, and should no payment be processed the vendor account will be disabled until payment is received.

17.9 TerraTibi is not liable for account hacks, personal information changes, bank detail changes or any other changes made.

17.10 Any adverts or marketing made containing TerraTibi information or property needs to comply with TerraTibi’s Terms & Conditions and Privacy Policy.

17.11 By using our website and it’s services, you agree that you have all the relevant documentation, health and safety certificates and all other certificates required to make a sale.

17.12 All sales made on or off the website require a sales agreement (sales contract, or other naming conventions) between all relevant parties. This agreement should include but not limited to payment agreements, processing and delivery times, refund and return policy etc. Should any issue arise, this agreement must be shared with TerraTibi in order for resolution purposes. TerraTibi’s understanding of the solution will be deemed as valid.

7.13 If verification of any party has failed or if an account is suspended, deleted, or not approved, TerraTibi will not payout nor refund any parties.

7.14 Vendors who register on the website and do not pass the verification process will not be refunded registration fee

7.15 TerraTibi coupons and promo codes serve only as an incentive to use on the TerraTibi website, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable and non transferable.

You are obliged to  report any violations of the Terms and Conditions that you become aware of by contacting us using the “contact us” page or sending an email to info@terratibi.com. Any failure to act by TerraTibi with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then, as far as the law allows, you will be liable to pay TerraTibi the following as liquidated damages:

18.1 If  you  post  a  message  that (1) impersonates  any  person  or  entity; (2) falsely  states  or otherwise misrepresents your association with a person or entity; or (3) that includes personal  or identifying information about another person without that person’s explicit consent, you agree that TerraTibi in its sole discretion may disclose identifying information about you to the victim, and that, should TerraTibi bring a claim against you in court, that you will pay TerraTibi One Thousand Rand (R 1,000.00) for each such message.

18.2 If TerraTibi establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay TerraTibi One Hundred Rand (R 100.00) for (i) each message posted in excess of such limits or (ii) for each day on which you access TerraTibi in excess of such limits, whichever is higher.

18.3 If you are a Posting Agent that uses the Service in violation of these Terms and Conditions, in addition to any liquidated damages under clause 18(5) below, you agree to pay  TerraTibi twenty five Rand (R 25.00) for each and every item you post in violation of these Terms and Conditions. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms and Conditions) agrees to pay TerraTibi an additional twenty five Rand (R 25.00) for each item posted by the Posting Agent on behalf of such party in violation of these Terms and Conditions.

18.4 If you use TerraTibi e-mail addresses or computer systems to send unsolicited e-mail advertisements toTerraTibi e-mail addresses or any other party, you agree to pay TerraTibi twenty five Rand (R 25.00) for each such e-mail.

18.5 If you post messages in violation of these Terms and Conditions, other than as described above, you agree to pay TerraTibi one hundred Rand (R 100.00) for each such message. Notwithstanding the foregoing, TerraTibi may, in its sole and absolute discretion, issue a warning before assessing damages pursuant to this clause 18(5).

18.6 If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms and Conditions without TerraTibi express written permission, you agree to pay TerraTibi a thousand Rand (R 1,000.00) for each day on which you engage in such conduct.

If none of the foregoing clauses 18 (1) – (6) are applicable, you agree to pay TerraTibi actual damages. Notwithstanding any other provision of these Terms and Conditions, TerraTibi retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms and Conditions, an interim or permanent interdict against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms and Conditions, or any combination thereof.

18.7 To the extent that any provision of these Terms and Conditions is considered to be, or qualifies as, a     penalty stipulation in terms of the Conventional Penalties Act 15 of 1962: 

• •  these Terms and Conditions shall not be construed or interpreted in such a way as entitling TerraTibi to recover both damages and the penalty;
  • TerraTibi shall be entitled to recover damages in lieu of the relevant penalty;
  • TerraTibi shall not be obliged to accept defective or delayed performance by you;  and
  • you agree, having taken account of the prejudice that will be suffered by TerraTibi, that the penalty stipulation is equitable in the circumstances.
  • You are obliged to report any violations of the Terms and Conditions that you become aware of by contacting us on info@terratibi.com.

19.1 If these Terms and Conditions and/or the Website and/or the Services is regulated by the Consumer Protection Act, 68 of 2008 (“CPA”) or the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), it is not intended that any provision of these Terms and Conditions contravenes any provision of the CPA or ECTA. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and ECTA are complied with.

19.2 Nothing in these Terms:

(i) limits or exempts TerraTibi or any other person from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to the gross negligence or willful default of TerraTibi or any other person, or any person acting for or controlled by TerraTibi or any other person to the extent that the law does not allow this, or

(ii) requires you to assume risk or responsibility or liability (including, without limitation, for the kind of loss referred to in (i) above) to the extent the law does not allow this; or

(iii) excludes any warranties implied into these Terms and Conditions by law, to the extent that the law does not allow them to be excluded.

These payment terms and conditions govern payments you make or receive through Terratibi.com and independent payments made off the website.

By making or receiving payments through the Site or off the site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. 

KEY TERMS

Affiliates:  The term “Affiliate” referred to herein, is an Affiliate marketer with TerraTibi. “Affiliate” and or “Affiliate Marketer” is a marketing scheme offered by TerraTibi where TerraTibi compensates affiliate partners for business created from the affiliate’s marketing tactics. 

• Each product or service you sell and successfully complete, accredits your account with revenue equal to 96.5% of the purchase amount.
• Terratibi may accredit Vendors once an order is completed. An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer, minus bank charges and TerraTibi service charges.
• Vendors are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Vendors represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the products page is inclusive of all such taxes and charges that may apply to the Vendors.
• Appointment as Limited Payment Collection Agent: Vendor who choose to use the TerraTibi payment platform hereby appoints TerraTibi as Vendor’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Vendor.  Vendor agrees that payment from Buyer to TerraTibi shall be considered the same as made directly to Vendor. Buyer’s payment obligation to Vendor will be satisfied upon receipt of payment by TerraTibi (or its Payment Services Provider, as applicable), and TerraTibi (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Vendor in the manner described in these Payment Terms. In the event that TerraTibi (via Payment Services Provider) does not remit any such amounts to Vendor, the Vendor will have recourse only against TerraTibi and not the Buyer directly. Vendor agrees that TerraTibi may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that TerraTibi may deem necessary or prudent.
• TerraTibi partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Vendors, and holding funds in connection with TerraTibi Balances. All payments services in connection with the withdrawal of funds on the TerraTibi platform are performed by TerraTibi’s Payment Services Providers.
• All bank charges will be the responsibility of the vendor, not TerraTibi
• All transactions will be charged in South African Rands. Please use the currency convertor on the website for your convenience. Please note that these are mid-market rates and do not include bank commission charges and the amount may vary.

• To withdraw your revenue, vendors can manually claim a withdrawal by clicking on the “Withdrawal” button from Payments in the Vendor Dashboard.All funds eligible for Withdrawal will be held on your behalf at an account with TerraTibi’s Payment Services Provider.  All payment services, including withdrawal services, will be provided by TerraTibi’s Payment Services Provider.
• Your TerraTibi profile can be associated with only one account from each TerraTibi withdrawal method. A Payment Service Provider withdrawal account can be associated with only one TerraTibi profile.
• Revenues are only made available for withdrawal once an order is marked as complete, from the withdrawal page following a safety clearance period of 15 days after the order is marked as complete and meets the minimum required withdrawal amount of 5 000 ZAR.
• Payouts to vendors will be done on the 17th day of each month. If the safety clearance period of 15 days falls after the 17th day of the month, the payout will be done in the next month.
• Vendors may withdraw their revenues using TerraTibi’s withdrawal process. To withdraw your available revenue, you must click on the designated withdrawal system to initiate the withdrawal process.
• For security concerns, TerraTibi may temporarily disable a Vendor’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple TerraTibi accounts to a single withdrawal provider.
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Vendors may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by TerraTibi’s Payment Services Providers. Your TerraTibi Balance is always derived from its South African Rand (ZAR) value and, therefore, the local currency amount of your TerraTibi Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Vendors always have the option to withdraw Revenues in ZAR
• Vendors will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question and resolution of issues, from the day of the last cleared payment received in their account and subject to TerraTibi’s approval. Should the minimum required amount is not met, TerraTibi has control over how funds will be disbursed.
• You agree to receive withdrawal invoice / receipts from TerraTibi in electronic form as PDF documents, by email or through the Site.

• Admin will manually EFT each vendor for pay-outs, hence all banking detail needs to be correct. Admin will not take responsibility for bank charges or incorrect bank details provided– this will be the vendor’s responsibility.

* Additional fees may apply based on your location, currency and bank charges.

• Buyers pay TerraTibi to confirm an order from a Vendor using the “place order” button. TerraTibi partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Vendors, and holding funds in connection with TerraTibi Balances. All payments services in connection with the collection of funds on the TerraTibi platform are performed by TerraTibi’s Payment Services Providers.
• TerraTibi serves as Vendor’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Vendor. Buyer’s payment obligation to Vendor will be satisfied upon receipt of payment by TerraTibi (or its Payment Services Provider, as applicable), and TerraTibi (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Vendor in the manner described in these Payment Terms. In the event that TerraTibi (via Payment Services Provider) does not remit any such amounts to Vendor, the Vendor will have recourse only against TerraTibi and not the Buyer directly.
• In most locations, purchases on TerraTibi can be made by using one of the following payment methods: Credit Card, Debit card or Instant EFT.
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of April 2022, the service fees are 3.5% from vendor and 3.5% from buyer respectively of the purchase amount.
• When a buyer checks out a product, the buyer will pay a service fee of 3.5% of the purchase amount to TerraTibi. VAT will be added to the service fee charged by us.
• When a vendor requests a payout/ withdrawal, TerraTibi will charge a fee of 3.5% of the purchase amount . VAT will be added to the service fee charged by us.
• You agree to receive invoices and/or payment receipts from TerraTibi in electronic form as PDF documents, by email or through the Site.
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either TerraTibi or TerraTibi’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments.  TerraTibi is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider.

• By using any payment method and/or providing payment details for making purchases on TerraTibi, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on TerraTibi; and (d) such actions do not violate any applicable law.
• Buyers would need to have a buyer account on the website in order to make a purchase. Buyers who do not have an account can create a buyers account in the check-out process.
• You may offer Vendors to pay, or make payment using methods other than through the Terratibi.com site. In this case, TerraTibi will not have any involvement throughout any part of the process and will not be held liable.
• TerraTibi is not a party to off-sites/other platform transactions and has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions.
• Vendors who register on the website and do not pass the verification process will not be refunded registration fee. 
• As far as the law allows and subject to these terms and conditions, you use the Service and the Website at your sole risk and responsibility.

• You pay on TerraTibi in ZAR. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by TerraTibi’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in ZAR even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
• Note that all prices on TerraTibi are derived always from their original ZAR price and, therefore, non-ZAR currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in ZAR by changing their currency.
• If you paid for an Order in a currency other than ZAR and your Order was later canceled for any reason, the amount returned to you would be based on the exchange rate as of the date of payout. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same ZAR value.
• Your balance is always valued in ZAR, even if it is displayed in a non-ZAR currency. Therefore, should you choose to view your TerraTibi Balance in any currency other than ZAR, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same ZAR value. Users may have the option to view their TerraTibi Balance in ZAR by changing their selected displayed currency.

promotional purposes, discounts or otherwise, to be used for purchasing products or services offered on the Site. Promo Codes or coupons are valid only for purchases on TerraTibi and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. TerraTibi coupons and promo codes serve only as an incentive to use on the TerraTibi website, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable and non transferable. Once used, TerraTibi Promo Codes and coupons may not be returned to your account even if your Order gets canceled. TerraTibi Promo Codes and coupons may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the promo codes and coupons. Promo Codes and coupons may be voided in the event of fraud, misuse, or violation of these Terms. TerraTibi reserves the right to modify or cancel the TerraTibi promo codes and coupons program at any time. If you or TerraTibi deactivate or suspend your TerraTibi account, any unused TerraTibi promo codes and coupons in your account will be forfeited.

• TerraTibi may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount TerraTibi will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount TerraTibi will be required to withhold will be deducted from the Vendor’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 
• Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
• Vendors have the option to add VAT/Tax to their products, if the product is zero rated, do not charge VAT/Tax. TerraTibi will not be held responsible to the errors made by vendors. Vendors are solely responsible for ensuring accurate information.
• TerraTibi is a VAT registered entity therefore by the laws of South Africa we are obligated to pay VAT of 15%, therefore TerraTibi will charge a 15% surcharge of VAT on the subscription fee and the commission/service fee

We encourage our Buyers and Vendors to try and settle conflicts amongst themselves.

Buyers and Vendors must have their own separate agreements with regards to terms and conditions for the sale.  This will include processing, delivery, shipping, refunds, returns, or any other elements involved.

If for any reason this fails buyers and vendors give TerraTibi sole discretion to manage proceedings as we deem fit in any timeframe required by us and will not be held liable for any losses incurred monetary or otherwise

• Order cancellations can be performed on TerraTibi, when eligible.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that you encounter an issue related to the service provided in an order, you are encouraged to resolve the issue separately with the related party based on the agreed sale agreement.
• TerraTibi, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer, assignment or delivery of intellectual property, goods or services to the Buyer shall be subject to full payment and the intellectual property, product or service may not be used if payment is canceled for any reason.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer, excluding bank and service fees and TerraTibi service charges.
• Requesting to gain more products or services from Vendors beyond the agreed sale contract is not allowed unless mutually agreed by both vendor and buyer or accounted for in the sale contract.
• Requesting more money from Buyers beyond the agreed amount to be paid in the sale contract is not allowed unless mutually agreed by buyer and vendor or accounted for in the sale contract.

• TerraTibi encourages Buyers and Vendors to resolve disputes mutually before involving TerraTibi, as TerraTibi will then be provided with sole discretion and control over dispute.
• Eligibility for requests to TerraTibi to cancel an order will be assessed based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, improper usage of the TerraTibi delivery system, and sale agreement / contract.
• Orders can be canceled based on the buyer and vendor agreement. Should orders be completed and paid out by TerraTibi, cancellations or disputes of orders thereof will be between buyer and vendor and not include TerraTibi.
• Completed orders not yet paid out (or, where applicable, completed milestones) may be disputed, upon review, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified) unless stated otherwise or by TerraTibi sole discretion.
• In rare circumstances where we find it appropriate, we may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s TerraTibi Balance and will be deducted from the Vendor’s TerraTibi Balance or, if there are no sufficient amounts in the Vendor’s TerraTibi Balance, from future revenues of such Vendor.
• Orders are not eligible to be canceled based on the quality of service/product delivered by the Vendor if the service/product was delivered as described in the Product Page. You may rate your experience with the Vendor on the Order Page, including the overall level of service quality received.
• We will not take any action against Orders where the applicable has failed to inform their Vendor of issues related to the Vendor’s service and will allow Vendors to provide a resolution first. This does not include non-permitted usage of TerraTibi.
• Any non-permitted usage of TerraTibi encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of TerraTibi’s Terms of Service.
• TerraTibi Customer Support will cancel orders based on, but not limited to, the following reasons:

 (after requirements were submitted to the Vendor and before the Vendor delivers on TerraTibi):

1. The Vendor is late and unresponsive for more than 72 hours after the agreed time period stated in sale contract unless deemed otherwise by TerraTibi.
2. Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Vendor’s delivery.
4. The user is no longer an active TerraTibi user due to Terms of Service violations or closure of their account.

 (before the order is marked as complete)

1. The Vendor continuously extends the delivery due date to complete the requested product/service without providing the final delivered product/service. Note: Multiple reported offenses will result in permanent suspension of your account.
2. The Vendor delivers no product/services related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed.
3. The Vendor requests additional payments, on or off the TerraTibi platform, by withholding the final delivery of products/services directly related to the agreed requirements.
4. The Vendor is withholding the final delivery of products/services for improved ratings.
5. Users who abuse the process to gain more products/services from Vendors beyond the agreed requirements.
6. Users who threaten to leave a damaging review to gain more products/services from the Vendor not related to the agreed requirements.

 (after the order is marked as complete and before the 14-day limitation)

1. Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
2. Users who misuse products/services as opposed by the sales agreement
3. TerraTibi will review cases of Order delivery manipulation, that includes but not limited to prevention of users from marking the order as complete, wrongfully marking orders as complete, misrepresenting completed orders, falsifying the completed order or lying about the completed order.

• TerraTibi is in no way whatsoever responsible for the delivery of any goods or services purchased on the TerraTibi website, unless stated otherwise in writing.
• TerraTibi has made the delivery of goods convenient by providing logistic companies on the site to help make the process easier
• Buyers and Sellers must have their own separate agreements with regards to terms and conditions for the sale.  This will include processing, delivery, shipping, refunds, returns, or any other elements involved.
• All sales made on or off the website require a sales agreement (sales contract, or other naming conventions) between all relevant parties. This agreement should include but not limited to payment agreements, processing and delivery times, refund and return policy etc. Should any issue arise, this agreement must be shared with TerraTibi in order for resolution purposes. TerraTibi’s understanding of the solution will be deemed as valid.

TerraTibi reviews cases of payment provider chargebacks and disputes on behalf of Vendors (only when TerraTibi’s payment platform is used and to the amount transferred in it). Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Vendor’s favor. If the chargeback case allows, TerraTibi (or one of TerraTibi’s Payment Services Providers) will return parts or full revenue back to Vendors, otherwise the chargeback amount will be borne by the Vendor.

• TerraTibi does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer via eft.’s. Funds returned to you canceled orders will not include service fees paid. 
• Deposit refunds (i.e. refunds directly to your payment provider) may be performed based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review. Such refunds may be subject to an additional fee.
• All refunds are subject to review by TerraTibi and have sole discretion on the outcome of the refund request.

• TerraTibi may make changes to these Payment Terms from time to time. When these changes are made, TerraTibi will make a new copy of the terms available on this page.
• You understand and agree that if you use TerraTibi after the date on which the Payment Terms have changed, TerraTibi will treat your use as acceptance of the updated Payment Terms.