Terms and Conditions

1. Introduction

Thumeka is a digital marketplace that connects customers with independent sellers, service providers, runners, and drivers through our platform.

These Terms and Conditions govern your access to the use of the Thumeka platform, website, mobile application, products, and services. By registering for an account or using our platform, you agree to be bound by these Terms.

2. Definitions

For the purposes of these Terms:

• Customer means any person who purchases products or services through Thumeka.
• Seller means a person or business authorised to sell products through the platform.
• Service Provider means a person or business offering services through the platform.
• Runner means a person authorised to perform errands, collections, deliveries, or related tasks through Thumeka.
• Driver means a person authorised to provide transportation or delivery services through the platform.
• Platform means the Thumeka website, mobile application, and related systems.

3. Eligibility

Users must be at least 18 years old and legally capable of entering into binding agreements.

By registering, you warrant that all information provided is accurate, complete, and current.

4. Account Registration

Users may register as:

• Customers
• Sellers
• Service Providers
• Runners
• Drivers

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

Thumeka reserves the right to suspend or terminate accounts containing false, misleading, or fraudulent information.

5. Vetting and Verification

To protect our community and maintain high service standards:

Sellers

All sellers are subject to a vetting process which may include:

• Identity verification
• Business registration verification (where applicable)
• Product quality assessments
• Compliance reviews

Drivers and Runners

All drivers and runners are subject to verification which may include:

• Identity verification
• Driver's license verification
• Vehicle documentation checks
• Criminal background screening where legally permitted
• Reference verification

Approval is granted solely at Thumeka's discretion.

Thumeka reserves the right to reject, suspend, or remove any seller, driver, runner, or service provider that fails to meet our standards.

6. Marketplace Services

Thumeka provides a platform that facilitates transactions between customers and independent sellers, service providers, drivers, and runners.

While we take pride in maintaining a trusted marketplace and strive to ensure quality products and services, sellers and service providers remain responsible for the products and services they offer.

7. Product Quality Standards

Thumeka is committed to maintaining a high-quality marketplace.

Sellers agree that:

• Products must be genuine, legal, and accurately described.
• Products must meet applicable quality and safety standards.
• Counterfeit, stolen, dangerous, or prohibited products are strictly forbidden.
• Product listings must not contain misleading information.

Thumeka may remove any listing that does not meet our standards.

8. Service Standards

Service providers, runners, and drivers must:

• Act professionally and respectfully.
• Complete assignments diligently and safely.
• Maintain all legally required licenses and permits.
• Comply with all applicable laws and regulations.

Repeated customer complaints or poor service may result in suspension or removal from the platform.

9. Orders and Payments

Customers agree to pay all applicable fees displayed at checkout.

Payments processed through Thumeka may include:

• Product costs
• Service fees
• Delivery fees
• Platform fees
• Applicable taxes

Thumeka reserves the right to cancel orders where fraud, pricing errors, or security concerns are suspected.

10. Delivery Services

Estimated delivery times are provided for convenience only and are not guaranteed.

Drivers and runners shall make reasonable efforts to complete deliveries within the estimated timeframe.

Thumeka shall not be liable for delays caused by:

• Traffic
• Weather conditions
• Force majeure events
• Incorrect customer information
• Circumstances beyond reasonable control

11. Refunds and Returns

Refunds and returns shall be governed by applicable consumer protection laws and Thumeka's Refund Policy.

Refund requests may be approved where:

• Products are defective
• Products differ materially from descriptions
• Services were not delivered as agreed
• Deliveries were not completed

Evidence may be required before refunds are processed.

12. Prohibited Activities

Users may not:

• Commit fraud or deception
• Use stolen payment methods
• Sell illegal, counterfeit, dangerous, or prohibited products
• Harass other users
• Manipulate reviews or ratings
• Interfere with platform operations
• Misrepresent identity, qualifications, or products

Violation of this section may result in immediate account termination.

13. Ratings and Reviews

Customers may provide ratings and reviews based on genuine experiences.

Thumeka reserves the right to remove reviews that are:

• False
• Abusive
• Defamatory
• Misleading
• Offensive

14. Intellectual Property

All trademarks, logos, branding, software, content, and intellectual property associated with Thumeka remain the exclusive property of Thumeka unless otherwise stated.

Users may not reproduce, distribute, or exploit platform content without written permission.

15. Limitation of Liability

To the maximum extent permitted by law, Thumeka shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from:

• Platform use
• Product defects
• Service failures
• Delivery delays
• User conduct

Where liability cannot legally be excluded, Thumeka's liability shall be limited to the amount paid for the relevant transaction.

16. Indemnity

Users agree to indemnify and hold harmless Thumeka, its directors, officers, employees, agents, and affiliates against any claims, damages, liabilities, costs, and expenses arising from:

• Breach of these Terms
• Violation of applicable laws
• Misconduct on the platform

17. Privacy and Data Protection

Thumeka respects user privacy and processes personal information in accordance with applicable data protection laws, including the Protection of Personal Information Act (POPIA) where applicable.

By using the platform, users consent to the collection, storage, and processing of personal information necessary to provide services.

18. Suspension and Termination

Thumeka may suspend or terminate accounts without notice where:

• Fraud is suspected
• Vetting requirements are no longer met
• Users breach these Terms
• User conduct threatens the safety or integrity of the platform

19. Dispute Resolution

Users agree to first attempt to resolve disputes through good-faith negotiations with Thumeka.

If a dispute cannot be resolved amicably, it shall be referred to mediation before legal proceedings are initiated, unless otherwise required by law.

20. Amendments

Thumeka may amend these Terms from time to time.

Updated Terms will be published on the platform and become effective upon publication. Continued use of the platform constitutes acceptance of any revised Terms.

21. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Any disputes shall be subject to the jurisdiction of the South African courts.

22. Contact Information

By registering for an account or using the Thumeka platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.