Legal

Terms of Service

Effective date: June 2025

1. Terms of Service

Welcome to Shobbable. By creating an account or using any part of the Shobbable platform ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.

1.1 Who We Are

Shobbable is an online platform that enables South African sellers to create and manage their own storefronts and sell products to buyers. The Platform is operated in accordance with South African law, including the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Consumer Protection Act 68 of 2008 ("CPA").

1.2 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under South African law to use the Platform. By registering, you represent and warrant that you meet these requirements.

1.3 Account Responsibilities

  • You are responsible for maintaining the confidentiality of your login credentials.
  • You are responsible for all activity that occurs under your account, whether or not authorised by you.
  • You must notify us immediately at support@shobbable.com if you suspect unauthorised access.
  • You may not share your account or transfer it to another person.

1.4 Prohibited Use

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of these Terms.
  • Attempt to gain unauthorised access to any part of the Platform or its systems.
  • Introduce malware, viruses, or any other harmful code.
  • Scrape, copy, or redistribute Platform content without prior written consent from Shobbable.
  • Impersonate another person or entity, or misrepresent your affiliation with any person or entity.

1.5 Intellectual Property

All intellectual property rights in the Platform — including its design, code, trademarks, and content created by Shobbable — remain the exclusive property of Shobbable. You retain ownership of content you upload (product images, descriptions, etc.) and grant Shobbable a non-exclusive, royalty-free licence to display and process that content solely for the purpose of operating the Platform.

1.6 Termination

Shobbable reserves the right to suspend or terminate your account at any time, with or without notice, if you breach these Terms or engage in conduct that we reasonably consider harmful to the Platform, other users, or third parties. You may close your account at any time from your account settings.

1.7 Limitation of Liability

To the maximum extent permitted by law, Shobbable shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including loss of profits, data, or goodwill. Our total aggregate liability to you for any claim shall not exceed the fees you paid to Shobbable in the three months preceding the event giving rise to the claim.

1.8 Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

1.9 Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or an in-platform notice at least 14 days before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

2. Privacy Policy

Shobbable is committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). This policy explains what information we collect, how we use it, and your rights.

2.1 Information We Collect

  • Account information: name, email address, phone number, and business details you provide during registration and onboarding.
  • Store information: store name, product listings, images, pricing, and descriptions.
  • Transaction data: order details, payment references (not card numbers), and shipping information.
  • Usage data: pages visited, features used, browser type, and device information collected via cookies and server logs.

2.2 How We Use Your Information

  • To provide, maintain, and improve the Platform.
  • To process transactions and communicate order status.
  • To send administrative emails, security alerts, and support messages.
  • To send marketing communications where you have opted in (you may opt out at any time).
  • To comply with legal obligations under South African law.

2.3 Sharing Your Information

We do not sell your personal information. We may share it with:

  • Payment processors (PayFast) to process transactions. PayFast's own privacy policy governs their handling of your payment data.
  • Infrastructure providers (hosting, database, email) who process data on our behalf under data processing agreements.
  • Law enforcement when required by a valid legal process or to protect the rights and safety of our users.

2.4 Cookies

We use essential cookies to keep you logged in and to maintain session state. We use analytics cookies to understand how the Platform is used. You may disable non-essential cookies in your browser settings, though this may affect Platform functionality.

2.5 Data Retention

We retain your personal information for as long as your account is active and for a period of five years thereafter, or as required by law. Transaction records are retained for seven years to comply with SARS requirements.

2.6 Your Rights under POPIA

You have the right to:

  • Access the personal information we hold about you.
  • Request correction of inaccurate information.
  • Request deletion of your personal information (subject to legal retention obligations).
  • Object to the processing of your information for direct marketing.
  • Lodge a complaint with the Information Regulator of South Africa.

To exercise these rights, contact us at privacy@shobbable.com.

3. Seller Policy

This Seller Policy applies to all users who create a storefront and sell products through Shobbable.

3.1 Account Eligibility

  • You must be a South African resident or a business registered in South Africa.
  • You must provide accurate business and banking information during onboarding.
  • You are solely responsible for complying with all applicable South African laws relating to the products you sell, including the CPA, SARS tax obligations, and any industry-specific regulations.

3.2 Listing Obligations

  • All product listings must be accurate, complete, and not misleading.
  • Product images must be original or licensed. You may not use images belonging to other sellers or brands without permission.
  • Prices must be stated in South African Rand (ZAR) inclusive of VAT where applicable.
  • Stock levels must be kept up to date. Selling out-of-stock items without timely notification to buyers may result in account suspension.

3.3 Fulfilment Responsibilities

  • You are responsible for packing, shipping, and delivering orders within the timeframe stated in your listing or within a reasonable period.
  • You must communicate promptly with buyers regarding order status, delays, or issues.
  • Risk of loss and title pass to the buyer upon delivery to the carrier unless otherwise agreed.

3.4 Fees

Shobbable charges a monthly subscription fee for access to the Platform. Transaction fees may apply and will be communicated clearly in your billing settings. Shobbable reserves the right to update its fee structure with 30 days' notice.

3.5 Account Suspension & Termination

Shobbable may suspend or terminate a seller account for repeated policy violations, sustained low fulfilment rates, fraudulent activity, or sale of prohibited products. Sellers will generally receive written notice before suspension unless the violation poses an immediate risk to buyers or the Platform.

4. Refund & Dispute Policy

Shobbable facilitates transactions between buyers and sellers. While sellers set their own refund terms (subject to the CPA), Shobbable provides a dispute resolution process to protect both parties.

4.1 Seller Refund Terms

Sellers must publish their refund policy on their storefront. Under the Consumer Protection Act, buyers have the right to return goods within 5 business days of delivery if the goods are defective, not as described, or not fit for purpose. Sellers must honour these statutory rights regardless of their stated policy.

4.2 Raising a Dispute

If a buyer does not receive their order or receives an item that is materially different from the listing, they may open a dispute through Shobbable within 14 days of the expected delivery date. To open a dispute:

  • Navigate to your order history and select the relevant order.
  • Click "Open Dispute" and describe the issue with supporting evidence.

4.3 Resolution Window

Once a dispute is opened, the seller has 3 business days to respond and propose a resolution. If the seller does not respond or a resolution is not reached, Shobbable may mediate and issue a final decision, which both parties agree to accept.

4.4 Chargebacks

If a buyer initiates a chargeback with their bank, Shobbable will provide transaction records to the payment processor. Sellers are responsible for any chargeback fees imposed by the payment processor where the chargeback is upheld.

5. Prohibited Products Policy

The following categories of products may not be listed or sold on Shobbable under any circumstances. Listings that violate this policy will be removed without notice, and repeat violations may result in permanent account termination.

5.1 Prohibited Categories

  • Weapons & ammunition — firearms, knives intended as weapons, tasers, and related accessories.
  • Counterfeit goods — items that infringe trademarks, copyrights, or other intellectual property rights.
  • Adult content — sexually explicit material or services.
  • Controlled substances — prescription drugs, illegal narcotics, or substances controlled under the Medicines and Related Substances Act.
  • Endangered species — animals, plants, or products derived from endangered species prohibited under CITES or South African legislation.
  • Hazardous materials — items that cannot be legally shipped within South Africa.
  • Stolen goods — any item obtained through theft or fraud.
  • Pyramid schemes & MLM — any product or listing that constitutes a pyramid scheme under the Consumer Protection Act.

5.2 Reporting

If you encounter a listing that you believe violates this policy, please report it to us at trust@shobbable.com. We review all reports and will take appropriate action.

6. Payment & Payout Policy

All payments on Shobbable are processed in South African Rand (ZAR) through our integrated payment gateway, PayFast.

6.1 Payment Processing

  • Buyers pay through PayFast, which supports credit/debit cards, Instant EFT, and other South African payment methods.
  • Shobbable does not store buyer card details. All payment data is handled exclusively by PayFast in accordance with PCI DSS standards.
  • Payments are confirmed in real time via PayFast's ITN (Instant Transaction Notification) system. Orders are only fulfilled after payment confirmation.

6.2 Transaction Fees

PayFast charges a transaction fee on each sale, which is deducted at the point of payment. The current PayFast fee schedule is available on the PayFast website. Shobbable may also apply a platform commission, which will be disclosed in your billing settings before it takes effect.

6.3 Payouts

  • Payouts to sellers are processed after the buyer's return window has passed and no dispute is open on the order.
  • Sellers must provide a valid South African bank account to receive payouts. Shobbable does not support international payouts at this time.
  • Payout timing depends on the payment gateway and your bank — typically 1–3 business days after the payout is initiated.

6.4 Fraud Holds

Shobbable and PayFast reserve the right to place a hold on funds associated with transactions flagged as potentially fraudulent pending investigation. We will notify the affected seller and resolve holds as promptly as possible. Shobbable is not liable for delays caused by fraud screening.

6.5 Currency

All prices on the Platform must be listed in ZAR. Shobbable does not support multi-currency transactions at this time. Buyers outside South Africa purchase at their own exchange rate risk.

Questions about these policies? Contact us at legal@shobbable.com. Last updated: June 2025.