SOLshop Terms and Conditions“Company”
– refers to SOL Ecosystem (Pty) Limited trading as SOLshop. Reference in this Ts & Cs to "SOLshop", "we", "us", "our" or any similar term is to SOL ECOSYSTEM (PTY) LIMITED (CIPC reg.no 2020/851425/07)“Services” –
in relation to these Terms and Conditions, Services refers to the digital offering to you our customers which allows you to buy food and other products in groups via the App at discounted rates. “Products”
– refers to any and all food, groceries and other products that may be for sale on our App from time to time.“Card”
– refers to payment method made by recognised and accepted credit or debit cards“Wallet” –
refers to the cash wallet payment method available into which you can deposit funds to use as payment for future purchases within the App.“Software” or “App” or “Application”
– are used interchangeably and refers to the mobile application via which our services are offered“Customer” or “User”
– are used interchangeably and refer to a user of our services who registers himself / herself in the required manner on our SOLshop application.“Supplier”
– is anyone that SOLshop contracts to supply food and other goods for sale on our App.“Agreement”
– refers to this Terms and Conditions document.Changes to these Terms and Conditions (Ts & Cs)Ts & Cs
We may amend these Ts & Cs Ts & Cs at any time by posting a revised version on our Website. The revised version will apply to Customers with effect from the time we post it. However we will provide Customers with at least 30 days’ prior notice of any such revision by posting notice of the change on the Website and the revision will then apply to Customers with effect from the date indicated in such notice, provided that if you are a Customer and you are not happy with the revisions made, you should stop using the Website in any way and may request us to deactivate your Account (or, if you are a Seller, to terminate the service subscribed for by you in that regard).
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Website, Software or Services at any time, effective upon posting of an updated version of this Agreement on the Website or Software. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.User representations, warranties and covenants
1. By using the Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. Your participation in using the Services is for your sole, personal or internal business use. When using the Services, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Services. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. The Company reserves the right to terminate your use of the Software and/or Services should you be using the Software or Services with an incompatible or unauthorized device. By using the Services, you agree that:
a. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
b. You will not use the Services to cause nuisance, annoyance or inconvenience.
c. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Product, user or SOLshop, unless the Company has given you permission to do so in writing.
d. You will not copy or distribute the Software or any content displayed through the Services without prior written permission from the Company.
e. You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your personal, non-commercial use.
f. The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
g. You are aware that when requesting Services by SMS text messages, standard messaging charges will apply.
h. You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
i. You will only use the Services for your own use and will not resell either the Software or Services to a third party.
j. You will not use the Software in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server
k. You will not attempt to gain unauthorized access to any part of the Software and/or to any service, account, resource, computer system and/or network connected to any Company server.
l. You will not deep-link to the Software or access the Software manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Software or any content on the Software, unless the Company has given you permission to do so in writing.
m. You will not copy any content displayed through the Services, including but not limited to the catalogue content and reviews, for republication in any format or media.
n. You will not conduct any systematic retrieval of data or other content from the Software or Services.
o. You will not try to harm other Customers or the Company, the Software or Services in any way whatsoever.
p. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Software or Services. q)You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
2. Additional information you may provide on a voluntary basis, such as demographic information or information related to your favourite social networking site, or information relating to your participation in competitions, promotions, surveys, and/or additional services constitute “Optional Details” and may be stored and used in the same manner as described in our Privacy Ts & Cs.User account
You are the sole authorized User of any account you create through the Services.
You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account by minors. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.User content
1. User Content.
The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Services. You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
You agree that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback
3. Ratings and Reviews
To the extent that you are asked to rate and post reviews of Products or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that:
1. you will base any Rating or Review on first-hand experience with the Products or Company;
2. you will not provide a Rating or Review for any Product for which you have an ownership interest, employment relationship or other affiliation or for any of that Company’s competitors;
3. you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from the Company
4. your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.Intellectual property ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.Payment terms
You understand that:
1. the prices for menu items displayed through the Services are correct at the time of publishing and will apply as soon as your order is confirmed and paid for. The price secured is dependent on the group being completed. Should a group not be filled, the offer will expire and that price may not be applicable to future offers;
2. the Company has no obligation to itemize its costs, profits or margins when publishing such prices; and
3. the Company reserves the right to change such prices at any time, at its discretion except where an offer has been made for purchase and is awaiting the group to be completed. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on the Company’s income).
4. Payment will be processed by the Company, using the preferred payment method designated in your account.
5. If the group does not get completed, we will refund your money to your Card or Wallet, depending on the payment method you have selected.
6. If the order was cancelled by us after the group was completed for any valid reason whatsoever, we will refund your money to your Wallet or Card.
7. Promotional Offers. The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We encourage you to check back on our App periodically if you are interested in learning more about how we charge for the Software or Services.
8. Fees for Services and Software. The Company may change the fees for our Services as we deem necessary or appropriate for our business.Card acquiring and security
Credit or debit card transactions will be acquired for SOLshop via Peach Payment Services Pty Limited. Separate Ts & Cs applicable to Card services provided by Peach Payments will need to be accepted. For more detail on Peach Payments refer to https://www.peachpayments.com
Customer details will be kept securely and separately by SOLshop from Card detailsPayments
The Currency used is South African Rand (ZAR). Products can only be purchased from within the borders of the Republic of South Africa. You can use the following methods of payments:
1. Credit/Debit Card – Visa, Master, Diners etc.
2. Cash Wallet
Your wallet can be topped up with cash and or cards at a variety of retailers who have Pay@ facilities at their checkout points. For more details, please see https://payat.co.za/payment-solutions-provider/#in-store.
A list of available retail points for topping up your wallet will be made available on our App and may be subject to change from time to time. Please note that there is a fee applicable when top ups are made at retailers via Pay@. These fees will be made available on our App and may also be subject to change from time to time so please be sure to check regularly what the applicable fees are. Promo Codes and Referral program
The Company may from time-to-time issue promo codes that you will be entitled to use to get discounts. Details of how these will work will either be as advertised or detailed within the app.
You may be able to receive cash rewards into your Wallet at the discretion of the company by inviting your friends to register on the App and/ or by accepting invitations to register or join groups from friends. To get these rewards, the User must enter the Referral code sent to you when registering.
Details on any rewards and how they work will be made available in the app if applicable.Placing an order and completing a group
For an order to be finalized, you need to ensure that the group is completed with the necessary number of Customers as specified on the offer.
Please note that the time to complete the group is also limited as specified on the offer. You will see the time remaining for the group to be completed on the App when you visit your order history. Collecting your order
When placing your order, you will be prompted to select a pickup point convenient to you. Once the group is completed and the order is finalised, you will be notified that your order is ready for collection at your chosen pickup point.
Please note that you will have a limited time to collect your order, details of which will be made clear when your order is confirmed ready for collection. All orders which remain uncollected after the specified cut-off date will be disposed of and there will strictly be no refunds regardless of the reasons for the failed collection.
If you are dissatisfied with the quality of the Products that you have ordered and subsequently collected, please contact support and ensure that you have sufficient proof that the quality is not as advertised or expected. Each case will be considered on its individual merits and SOLshop makes no guarantee that Products will be replaced or that refunds will be processed.
Estimated collection dates, which are indicated on the order in the App, are preliminary and will be more accurately specified once the group is completed and the order is finalised.Third-party interactions
1. Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, the Company will not warn you that you have left the Company’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of the Company. The Company is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. The Company provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
2. App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between you and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.Indemnification
Your Personal, Corporate and Contact Details will be provided by you during your registration as a Customer and/or thereafter by you actively updating or supplementing such details in your Account. Additional details are provided by you on a voluntary basis either directly or indirectly by means of you linking your Account to your other social networking profiles, such as your Facebook profile. Transaction Details are recorded by us as and when you buy anything on the App.Disclaimer of warranties
You expressly understand and agree that to the fullest extent of law, your use of the Software and Services is entirely at your own risk. Changes are periodically made to the Software and Services and may be made at any time without notice to you. The Software and Services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The company makes no warranties or representations about the accuracy, reliability, completeness or timeliness of the content made available through the Software or Services, text, graphics or links. The company does not warrant that the Software or Services will operate error-free or that the Software or Services are free of computer viruses and other harmful malware. If your use of the Software or Services results in the need for servicing or replacing equipment or data, the company shall not be responsible for those economic costs.Internet delays
1. The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy Ts & Cs or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
2. You should not divulge your Account password to anyone. We will never ask you for your password in an unsolicited telephone call or email. You are responsible for maintaining the secrecy of your unique password and account information at all times.Limitation of liabilityCap on Liability
. To the fullest extent of law the company’s aggregate liability shall not exceed the greater of
1. Amounts actually paid by and/or due from you to the company in the six (6) month period immediately preceding the event giving rise to such claim, and
2. The remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of the company for
1. Death or personal injury caused by the company’s negligence or wilful misconduct, or for
2. Any injury caused by the company’s fraud or fraudulent misrepresentation.Disclaimer of Certain Damages
. To the fullest extent of law the company shall not be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Software, or Services including but not limited to the use or inability to use the Software, or Services, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any Supplier, advertiser or sponsor whose advertising appears on the website or is referred by the Software or Services, even if the company and/or its licensors have been previously advised of the possibility of such damages.Non-personal information
Notwithstanding anything contained in the Ts & Cs regarding your information, the following information is not regarded as personal information for purposes of the Ts & Cs:
1. Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
2. Non-personal statistical information collected and compiled by us. We own and retain all rights in such information
3. Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under these Ts & Cs. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environmentsYou consent to the processing of your personal information
Although you cannot opt out of receiving communications, we need to send you relating directly to your App purchases, you can opt out of receiving various other types of communications from us, being as follows:
1. sporadic alerts about exclusive discounts, special offers, sales and competitions.
2. regular newsletters to inform you about offers, hot products and other things that may be of interest to you (based on your selected interests and previous purchases) or to our Customers generally.
3. Service communications concerning activity on your Account such as to notify you about a voucher you have received from us, or to remind you of unordered items in your online basket or vouchers approaching expiry which you haven’t yet redeemed.
You can opt out of service mails and notify us about your marketing communication preferences in the support tab on the App. You can also opt out on a specific type of communication by following the unsubscribe link at the bottom of any email communications. While we do our best to act on your preferences as soon as we can, please be aware that it may take up to 14 days for changes to your preferences concerning newsletters or service emails to take effect.How you can contact us about these Terms and Conditions
If you have questions or concerns regarding these Ts & Cs, please contact us on the support tab within the SOLshop App.