1.1. This website can be accessed at www.dressyomo.co.za (the “Website”) and is owned and operated by Chic on Repeat Pty Limited trading as Yomo (“Yomo”, “we”, “us” and “our”).
1.1. These Website Terms and Conditions (“Terms and Conditions”) applies to all listings, marketing and facilitation for sale (“sales”) for dresses, garments, accessories and related items (“Products”) through Yomo
1.2. Yomo operates as an agent, facilitator and intermediary platform and pop-up event organiser (“Pop Up Events”) for the sale of pre-loved matric dance, prom and formal dresses submitted to Yomo by third-party owners of Products (“Sellers”) for sale to third-party buyers (“Purchasers”) sourced and administered through Yomo.
1.3. Yomo therefore facilitates and implements for a service fee the execution of direct agreements between willing Purchasers and willing Sellers for sale of Products (“Yomo’s Services”).
1.4. These Terms and Conditions are binding and enforceable against every person (“Customer”) that accesses or uses this website or submits a Product to Yomo for marketing for sale, or who purchases a Product from a Seller, or uses Yomo’s Services in any other manner.
1.5. By using the Website, by transacting with Yomo or using any services of Yomo, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.6. The Website enables you to view listings online for a range of Products supplied or to be supplied by Sellers for sale at a Pop Up Event organised by Yomo. While listings are available over the Website, sales take place on a first come, first served basis at Pop Up Events, and the current inventory of Products can be viewed by attending Pop Up Events. The Website listings published at any given time may therefore not be the actual/current Products held by Yomo in stock.
2. NOTICE FOR CONSUMERS
2.1. THE CONSUMER PROTECTION ACT, 2008 (“CPA”), DOES NOT APPLY TO AGREEMENTS BETWEEN PRIVATE PURCHASERS AND SELLERS AND NOT IN THE ORDINARY COURSE OF BUSINESS (AS CONTEMPLATED IN THESE TERMS AND CONDITIONS). AS YOMO DOES NOT TRANSACT VIA
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ELECTRONIC TRANSACTIONS OVER THIS WEBSITE AND ONLY FACILITATES SALE TRANSACTIONS AT POP UP EVENTS, THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 IS NOT APPLICABLE TO YOMO’S SERVICES AND SALES OF PRODUCTS BETWEEN SELLERS AND PURCHASERS.
2.2. THE TERMS AND CONDITIONS (INCLUDING RETURNS POLICY) WILL CONTAIN PROVISIONS THAT APPEAR IN SIMILAR TEXT AND STYLE TO THIS CLAUSE AND THE CONSUMER’S ATTENTION IS DRAWN TO THESE PROVISIONS WHICH MAY:
2.2.1. LIMIT THE RISK OR LIABILITY OF YOMO OR ANOTHER PARTY; AND/OR
2.2.2. CREATE OR IMPUTE RISK OR LIABILITY FOR THE CUSTOMER; AND/OR
2.2.3. IMPOSE AND OBLIGATION ON THE CUSTOMER TO INDEMNIFY YOMO OR ANOTHER PARTY; AND/OR
2.2.4. SERVE AS AN ACKNOWLEDGEMENT BY THE CUSTOMER OF ANY FACT.
2.3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to have it explained and understand it before you continue using the Website.
2.4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, in applicable law.
2.5. The use of this Website is permitted subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns
3.1. Please refer to our Returns Policy for more information about returning products. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Sellers Obligations: Listing of Products, Pop Up Events and Fees
4.1. A Seller may notify Yomo through the website on sales@dressyomo.co.za to list its Products (“Product Listing”) together with providing the following, all of which (apart
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from personal details and the Sale Agreement) the Seller consents to be used in the Product Listing on the Website:
4.1.1. High quality photos of the Products;
4.1.2. Detailed descriptions of the Products, including size, brand, colour, condition, and any unique features or selling points;
4.1.3. Any other information required on Yomo’s “About You” Form which can be provided to the Seller on request.
4.2. On receipt of the above information in clause 4.1, Yomo shall inform the Seller whether or not it intends to proceed to Product Listing. If Yomo communicates it will proceed to Product Listing, it shall require from the Seller:
4.2.1. Payment of the listing fee (in an amount of the rand value of 10% of the Seller’s requested selling price for the Product) plus a deposit (which may be refundable if your Product is sold and/or if no delivery to the Purchaser is required per clause 4.9 and 6.3 below) for any required return delivery, in an amount to be determined by Yomo;
4.2.2. Completion and return of signed written agreement for the sale of the Product, contemplated to be signed in the future by a prospective Purchaser (“Sale Agreement”). If the Seller requires an explanation of the Sale Agreement it is required to inform Yomo;
4.2.3. The Product being couriered or delivered to Yomo, only at a time and at a place when Yomo notifies that the Products are to be delivered (which will be shortly before any upcoming Pop Up Event) and in a condition that is dry cleaned and ready for fitting. Yomo will thereafter conduct its inspection and determination of whether or not it the Product will be accepted for listing and sale at a Pop Up Event.
4.3. Notwithstanding communicating to a Seller that it intends to proceed to Product Listing, if on receipt of the Product from the Seller and the Product is in damaged, poor or unhygienic condition, does not resemble or conform to the specifications provided by the Seller, or is otherwise, according to the discretion of Yomo, unfit for sale, then Yomo reserves the right to refuse to list the Product and return it to the Seller, at the Seller’s cost.
4.4. YOMO DOES NOT ACCEPT LIABILITY FOR ANY CLAIMS LOSSES OR DAMAGES TO PRODUCTS DELIVERED OUTSIDE THE PERIODS SPECIFIED IN
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4.1.5, AS YOMO DOES NOT ACCEPT, KEEP, STORE OR INSPECT PRODUCTS OUTSIDE THESE TIME PERIODS.
4.5. In the event that a Product is received and not approved for listing, then:
4.5.1. Yomo will courier the Product back to the Seller if the return deposit has been paid. If no return deposit has been paid, then unless the Seller arranges to collect the Product from Yomo at its cost within 30 days, the goods will be considered abandoned property and shall be disposed of or donated to charity THE SELLER AGREES THAT YOMO SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSS OR DAMAGES TO THE SELLER FOR DISPOSING OF ANY ABANDONED PRODUCTS WHERE THE SELLER HAS NOT COLLECTED OR MADE ARRANGEMENTS TO COLLECT ITS PRODUCT WITHIN 30 DAYS (WHICH THE SELLER AGREES IS A REASONABLE NOTICE PERIOD) OF IT BEING NOTIFIED TO DO SO;
4.5.2. Yomo may also refund a reasonable portion of the listing fee, deducting its expenses incurred in inspecting the Product, at Yomo’s sole discretion.
4.6. In the event that a Product is approved for listing:
4.6.1. The Seller agrees that its dress may be marketed across the Yomo Website and social media sites for purchase by Purchasers at a Pop-Up Event;
4.6.2. The Seller shall provide any further information required by Yomo for the Listing. The Seller shall also, if not provided already, specify the price at which it recommends the Product should be marketed, however this may be agreed and changed between Yomo and the Seller after Yomo performs its inspection.
4.7. The Seller:
4.7.1. warrants that it is the lawful owner of the Product;
4.7.2. acknowledges and agrees that potential Purchasers will be able to try the Product on for fitting purposes at the Pop-Up Event;
4.7.3. warrants that it shall not on its own or utilising any other person, sell the Product, market the Product or hold it out as available for sale; and
4.7.4. warrants that all information provided to Yomo is accurate and complete.
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4.8. Yomo will inform the Seller via email of a scheduled upcoming Pop Up Events, and details of locations for drop off of Products. The email serves to also notify that a Seller must be alert to be able to confirm receipt of payment to Yomo if its Product is sold during the Pop Up Event.
4.9. If the Seller’s Product is sold and is paid for by a Purchaser, the Seller must confirm receipt of payment to Yomo immediately, in writing, once the Seller receives notification from its bank in order for the Product to be released to the Purchaser. IN THE EVENT THAT THE SELLER IS NOT AVAILABLE OR AWARE OF PAYMENT FOR THE PRODUCTS BEING MADE IN TERMS OF CLAUSE 6 IN ORDER TO CONFIRM OR DENY RECEIPT OF PAYMENT, THE PRODUCTS WILL BE COURIERED TO THE PUCHASER AFTER 3 DAYS OF PAYMENT TAKING PLACE UTILISING THE SELLER’S RETURN DEPOSIT PAID TO YOMO.
4.10. If the Product is not sold during the Pop Up Event organised for that purpose by Yomo, or the Product is withdrawn from listing, Yomo will courier the Product back to the Seller provided the return deposit has been paid. If no return deposit has been paid, then unless the Seller arranges to collect the Product from Yomo at its cost within 30 days, the goods will be considered abandoned property and shall be disposed of or donated to charity. THE SELLER AGREES THAT YOMO SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSS OR DAMAGES TO THE SELLER FOR DISPOSING OF ANY ABANDONED PRODUCTS WHERE THE SELLER HAS NOT COLLECTED OR MADE ARRANGEMENTS TO COLLECT ITS PRODUCT WITHIN 30 DAYS (WHICH THE SELLER AGREES IS A RESONABLE NOTICE PERIOD) OF IT BEING NOTIFIED TO DO SO;.
4.11. Yomo cannot guarantee the sale of the Seller’s Products. If a Seller elects to cancel Yomo’s Services and withdraw its Product Listing, it shall do so at least 7 days prior to the scheduled date of any Pop Up Event and Yomo may its sole discretion charge a cancellation fee in respect of its expenses incurred in performing Yomo’s Services, and refund the remaining portion of the listing fee (if any).
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5. Purchaser’s and Sellers Obligations: Acceptance of Products and Conclusion of Sales
5.1. Purchasers may view, inspect, fit -on and purchase Products at the Pop Up Events held by Yomo from time to time.
5.1.1. THE PURCHASER ACKNOWLEDGES THAT, NOTWITHSTANDING THE LISTING OF THE PRODUCT ON THE WEBSITE AND SPECIFICATION OF ITS CONDITION, DEFECTS OR IMPERFECTIONS, THAT THE PRODUCT MUST BE INSPECTED AND FITTED ON BY THE PURCHASER TO ASCERTAIN WHETHER IT IS SUITABLE OR IF THERE ARE ANY DEFECTS OR IMPERFECTIONS PRIOR TO PAYMENT BY THE PURCHASER.
5.1.2. YOMO IS NOT LIABLE FOR THE PURCHASER SELECTING AN INCORRECT SIZE OF PRODUCT, NOR FOR THE PURCHASER CHANGING ITS MIND IN RESPECT OF ANY SALE, NOR FOR ANY DEFECT OR IMPERFECTION IN THE PRODUCT AS THE PURCHASER AGREES TO ACCEPT SUCH PRODUCT “AS IS”.
5.2. A Purchaser may pay for and take delivery of a Product at the Pop Up Event, provided:
5.2.1. it signs a written Sale Agreement (pre-signed by the Seller), to establish a direct contractual relationship between the Purchaser and Seller on its terms; and
5.2.2. the payment process and confirmation by the Seller in section 6 (PAYMENTS) is fully complied with.
5.3. A brief explanation of the written agreement between the Seller and the Purchaser may be requested by a Purchaser from Yomo representatives, if necessary, prior to signing the Sale Agreement.
5.4. YOUR RIGHTS TO ARETURN AND REFUND (BETWEEN A SELLER AND A PURCHASER DIRECTLY) ARE AS CONTEMPLATED IN OUR RETURNS POLICY.
5.5. Yomo reserves the right to change and amend the Products, Product descriptions, photographs, prices and fees quoted on the Website from time to time without notice.
6. Payment
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6.1. Payment can be made for Products directly to the Seller’s bank account via instant eft over the Purchaser’s banking application, for which Yomo provide the account details given by the Seller.
6.2. Proof of payment is required to be provided to both Yomo and the Seller and the Seller is required to confirm to Yomo in writing (over SMS, WhatsApp or email) that payment has been received before the Product can be released.
6.3. In the event that confirmation is not forthcoming within 1 hour from the time the payment is made and/or the Purchaser does not want to wait for such confirmation, a courier service is available for delivery of the Products utilising the advance payment of the courier costs by the Seller in the form of the return deposit paid by the Seller to Yomo. If no confirmation is forthcoming from the Seller within 3 days of the payment date, then the Products shall be couriered to the Purchaser without further notice to the Seller.
6.4. Yomo will use its reasonable endeavours to notify Sellers that a Pop Up Event is taking place on an upcoming date to be on stand-by to confirm the receipt of any payment that may occur.
6.5. IT IS THE RESPONSIBILITY OF THE SELLER TO PROVIDE CORRECT AND UP TO DATE BANKING DETAILS AND TO BE AVAILABLE TO CONFIRM OR DENY RECEIPT OF PAYMENT FOR PRODUCTS. ANY DISPUTES ARISING IN RESPECT OF ALLEGED PAYMENT/ NON-PAYMENT, WITH OR WITHOUT RELEASE OF THE PRODUCT TO THE PURCHASER ARE FOR THE SELLER AND THE PURCHASER TO RESOLVE AND THE SELLER AND PURCHASER INDEMNIFY YOMO AGAINST ANY CLAIMS LOSS DAMAGES OR LIABILITY IN RESPECT OF ANY ACTION TAKEN BY YOMO IN THE PERFORMANCE OF ITS SERVICES OR UNDER THIS SECTION.
7. Delivery
7.1. In the event that any return or delivery other than in person delivery at a Pop Up Event is required under these Terms and Conditions, return or delivery of the Products to a Customer, will be effected via courier and paid for in advance by the Seller or the Purchaser as the case may be.
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7.2. All Products will be dispatched with our courier, Courier Guy and should arrive within 2 business days on despatch. Every Product delivery has a tracking number, which can be used to trace your Product online. For more information on Courier Guy, please refer to https://thecourierguy.co.za/.
7.3. Delivery charges are subject to change at any time, without prior notice to you. Please enquire as to the current rates prior to payment to Yomo.
8. CUSTOMER OTHER WARRANTIES
8.1. The Customer represents and warrant that:
8.1.1. all information you submit will be true, accurate, current, and complete and relate to you and not a third party;
8.1.2. you will maintain the accuracy of such information and promptly update such information as necessary;
8.1.3. you have legal capacity to enter in the agreements contemplated by these Terms and Conditions, and you agree to comply with these Terms and Conditions; and
8.1.4. you are not under the age of 18, or if a minor, you have received parental or legal guardian permission or assistance to use the Website and to fulfil any transaction contemplated in these Terms and Conditions.
8.2. If a Customer provides any information that is untrue, inaccurate, not current or incomplete, or breaches any of its undertakings or warranties in these Terms and Conditions, Yomo may suspend or terminate any transaction with the Customer without penalty.
9. Privacy policy
9.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated herein by reference.
10. Amendments to these Terms and Conditions and Website
10.1. We may, in our sole discretion, amend any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must use the Website or notify Yomo to terminate your relationship.
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10.2. Any such change will only apply after the change is displayed on the Website. If you use the Website or transact with Yomo after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10.3. No attempted variation, addition, deletion, or cancellation of the Terms and Conditions by the Customer will be of any force or effect, unless agreed in writing by Yomo in a specific written agreement with the Customer, executed by hand or digital signature
10.4. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
11. Ownership and copyright
11.1. For the purpose of this clause, “intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
11.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to us and as such are protected from infringement by local and international legislation and treaties.
11.3. Except with our express written permission, no proprietary material from this Website may be copied or retransmitted.
11.4. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the Website (except where a third party is indicated as the
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proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
11.5. We authorise you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY AND INDEMNITY
12.1. THE USE OF THE WEBSITE, AND USE OF SERVICES OF YOMO IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USE OF THE WEBSITE OR YOMO’S SERVICES OR RELIANCE ON ANY INFORMATION FROM YOMO OR ON THE WEBSITE.
12.2. WHILST WE TAKE REASONABLE MEASURES TO ENSURE THAT THE CONTENT OF THE WEBSITE AND INFORMATION PROVIDED IS ACCURATE AND COMPLETE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, TIMELINESS, OPERATION, PERFORMANCE, INTEGRITY, AVAILABILITY OR FUNCTIONALITY OF THE WEBSITE, PRODUCTS OR YOMO’S SERVICES OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION FROM YOMO. IF ANY SUCH REPRESENTATIONS OR WARRANTIES ARE MADE BY OUR REPRESENTATIVES, WE SHALL NOT BE BOUND THEREBY.
12.3. WE DISCLAIM AND SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR SPECIAL IN NATURE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR ANY CONTENT THEREIN, OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR USE OF ANY LINKED THIRD PARTY WEBSITE, THE USE OF YOMO’S SERVICES, OR THE BREACH OF ANY CUSTOMER WARRANTIES IN THESE TERMS AND CONDITIONS, UNLESS OTHERWISE PROVIDED BY LAW.
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12.4. THIS WEBSITE, ALL INFORMATION PROVIDED BY YOMO AND ALL PRODUCTS SUPPLIED BY A SELLER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WHILE WE SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE DESCRIPTION, AVAILABILITY, PURCHASE PRICE AND CHARGES FOR PRODUCTS ON THE WEBSITE, WE DO NOT WARRANT THAT THE WEBSITE OR INFORMATION RECEIVED FROM YOMO OR DOWNLOADS SHALL BE ERROR-FREE.
12.5. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
12.6. WHILST WE HAVE TAKEN REASONABLE MEASURES TO ENSURE THE INTEGRITY OF THE WEBSITE AND ITS CONTENTS, NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS WEBSITE ARE FREE OF VIRUSES, OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT, DAMAGE OR AFFECT THE OPERATION OF THE USER’S SYSTEM.
12.7. YOU HEREBY INDEMNIFY US AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD-PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE, ANY MARKETING OF THE PRODUCTS THROUGH THE WEBSITE OR SOCIAL MEDIA, USE OF ANY LINKED THIRD-PARTY WEBSITE, YOUR USE OR PARTICIPATION IN ANY OR ALL ACTIVITIES TAKEN IN THE PERFORMANCE OF YOMO’S SERVICES INCLUDING THE MARKETING AND SALE OF THE PRODUCTS, THE HOLDING OF POP UP EVENTS FOR SUCH PURPOSE AND THE TRANSPORTATION, STORAGE, DISPLAY OR ALLOWING FOR FITTING OF PRODUCTS BY POTENTIAL PURCHASERS IN TERMS OF THESE ACTIVITIES, AND FOR BREACH OF ANY OF YOUR WARRANTIES IN THESE TERMS AND CONDITIONS.
13. Linking To Third Party Websites
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13.1. This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third-Party Websites, and we are not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
14. Governing Law and Jurisdiction
14.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
14.2. In the event of any dispute arising between you and us for any reason you hereby consent to the jurisdiction of the Durban Magistrate’s Court having jurisdiction by virtue of section 28 and/or 45 of the Magistrate’s Court Act 32 of 1944, as amended or replaced from time to time, for the determination of any claim which you or we may have and which would otherwise be beyond the jurisdiction of a Magistrate’s Court because of the amount of the claim. Despite such consent, we shall be entitled, at our discretion, to institute legal proceedings in any other forum or court of competent jurisdiction.
15. Notices
15.1. Except as explicitly stated otherwise, any notices shall be given by email to complaints@dressyomo.co.za in respect of Yomo or to the e-mail address you have provided to us (in your case) Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
15.2. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to us. In such case, notice shall be deemed given 7 days after the date of mailing.
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15.3. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”.
15.4. Notwithstanding anything to the contrary, a written notice or communication actually received by you shall be an adequate written notice or communication to you, notwithstanding that it was not sent to or delivered at your chosen addresses for that purpose in terms of this clause.
16. Complaints
16.1. If you have a complaint about the Website or Yomo’s Services have a question on our complaints and disputes procedure, please email us at complaints@dressyomo.co.za with full details of your complaint. Please allow us 5 Business Days to process your complaint and provide a response. For queries on returns and exchanges, please refer to our Returns Policy.
16.2. If we are unable to resolve your complaint, or you are unsatisfied with our process, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:
16.2.1. Website: http://www.cgso.org.za
16.2.2. Email: info@cgso.org.za
16.2.3. Direct Tel : +27 (0) 11 781-2607
16.3. Any complaints or queries in respect of purchased Products, payment or nonpayment must be directed to the Seller or Purchaser as the case may be and do not involve Yomo.
17. Force Majeure
17.1. Neither you nor us (an “Affected Party”) shall be liable for non-performance or improper performance of your or our obligations under these Terms and Conditions provided that the non-performance or improper performance of obligations is due to the occurrence of unforeseeable and unavoidable events beyond the Affected Party’s
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control (“Force Majeure”). The Force Majeure events referred to in the above sentence shall include:
17.1.1. war and other armed or similar activities, invasion, mobilization, embargo, nuclear explosion, radioactive contamination, revolt, revolution, insurrection, coup d’état or civil war, riot, civil unrest, terrorist attacks;
17.1.2. natural disaster, flood, hurricane, earthquake, storm, fire;
17.2. epidemic and pandemic states, lockdowns, disturbances of collective life, including strikes and riots, official/governmental actions;
17.2.1. other events that are impossible to foresee, which are imminent and serious in their consequences.
17.3. Inability to pay due to lack of funds shall in no circumstances constitute a Force Majeure event.
17.4. The occurrence of such events relieves the Affected Party from meeting its obligations under the concluded Agreements for the duration of the disruption and to the extent of its impact. Any Agreement deadline to perform a certain action shall be extended by the period during which the Affected Party is prevented from the performance of its contractual obligations on account of the Force Majeure event.
17.5. The Affected Party undertakes to notify the other party about the existence of such Force Majeure event immediately, within the shortest possible period of time, but in any case within 20 (twenty) Business Days from the day of occurrence of the Force Majeure event, and to provide any details about its ability to resume performance on the terms and conditions laid down in the Agreement and to do everything in its power to fulfill its obligations based on the principle of good faith, as much as the conditions of the situation will allow.
17.6. If the performance of the agreement is suspended on account of the occurrence of Force Majeure event, we shall be entitled to compensation for any reasonable and necessary expenses incurred prior to the suspension.
18. General
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18.1. We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or any of its contents.
18.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
18.3. Any failure on your or our part to enforce any right in terms of these Terms and Conditions shall not constitute a waiver of that right.
18.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
18.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
18.6. These Terms and Conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties.
