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Additional Terms for Credits

Additional Terms and Conditions for Credits

YOUR USE OF THE CREDITS (DEFINED BELOW) IS SUBJECT TO THESE TERMS AND CONDITIONS ("THESE TERMS"). PLEASE READ THESE TERMS CAREFULLY. BY PURCHASING, ACCUMULATING OR USING THE CREDITS, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT PURCHASE, ACCUMULATE OR USE THE CREDITS.

Note about important provisions

To the extent that the Consumer Protection Act, No 68 of 2008 applies to these Terms, we have a duty to point out certain important provisions in these Terms. The Sections which contain these important provisions and reasons why they are important are set out below. It is very important that you read all of these sections carefully and not just what we say below.

Limitations of risk, legal responsibilities and liability. Sections 2.2.3, 2.2.4, 3.3 of these Terms, and also sections 10, 13, 14 and 18 of the Terms of Use (which are incorporated by reference under section 5 below), are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these sections, your rights and remedies against us and these other persons and entities are limited and excluded. These sections also limit and exclude your right to recover or make claims for losses, damages, liability or harm that you or others may suffer. 

Assumptions of risk, legal responsibilities and liability by you. Sections 2.2.3, 2.2.4, 2.5.4, 2.5.5, 2.5.6, 3.1 and 3.3 of these Terms, and also the provisions of sections 10, 13, 14 and 18 of the Terms of Use (which are incorporated by reference under section 5 below),  are important because you take on risk, legal responsibilities and liability. As a result of these Sections, you may also be responsible for claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in these Sections. We will also be able to terminate our services to you as a result of these Sections, and they may result in your Credits being terminated or forfeited.

Acknowledgements of fact by you. Sections 2.2.3 and 2.2.4 of these Terms, and also the provisions of section 16 of the Terms of Use (which is incorporated by reference under section 5 below), are important because they each contain statements which are acknowledgements of fact by you. You will not be able to deny later that the statements are true. We may take action against you and may have claims against you as a result of these statements.

Indemnities by you. The provisions of Section 10 of the Terms of Use (which is incorporated by reference under section 5 below), requires you to indemnify and hold harmless OLX and other persons or entities against claims, loss, damages, and harm that that may be suffered by OLX and other persons or entities as a result of the events set out in Section 10. You are also required to indemnify and hold harmless OLX and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in the provisions of such Section 10. This places various risks, liabilities, obligations and legal responsibilities on you. You will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed by OLX.


1. Application and acceptance of these Terms

1.1  OLX Global B.V., a company incorporated under the laws of the Netherlands, with its official address at  Taurusavenue 105, 2132 LS Hoofddorp, the Netherlands ("OLX Global B.V.") provides use of its online platform to its users ("OLX users", "you", or "your") via the OLX B.V. website, accessible at, www.olx.co.za, the OLX B.V. mobile site, accessible at m.olx.co.za, and via any OLX B.V. software application made available by OLX B.V. for mobile devices ("OLX Platform").

1.2  OLX Global B.V. has authorized its affiliate, MIH Ecommerce Holdings (Pty) Ltd, a company incorporated and existing under the laws of the Republic of South Africa, registration number 2007/014128/07, having  its principal place of business at 4th floor, Eleven Adderley, 11 Adderley Street, Cape Town, South Africa, 8001 ("OLX SA", "we", "our" or "us") to provide online credits ("Credits") to OLX users.

1.3   The Credits may only be used for the sole purpose of paying for value-added services offered by OLX SA and/or OLX Global B.V. as designated on the OLX Platform from time to time, including, but not limited to featured ads ("OLX value-added services").

1.4   These Terms set out the terms on which you may acquire and use the Credits on the OLX Platform.

1.5   You must agree to these Terms if you wish to purchase, accumulate or use the Credits.  By purchasing, accumulating, or using the Credits, you agree that you enter into a legally binding contract with us upon these Terms.  If you do not agree to these Terms, you must immediately stop purchasing, accumulating or using the Credits.

1.6   By using the Credits and agreeing to these Terms you must also have agreed, or you hereby agree, to be bound by the provisions of OLX B.V.'s general terms of use accessible at [enter URL] ("Terms of Use"), OLX Global B.V.'s  privacy policy, accessible at [enter URL] ("Privacy Policy"), OLX SA's terms relating to featured ads accessible at [enter URL] ("Featured Ads Terms"), and any other terms relating to any specific services provided by OLX SA and/or OLX B.V., as amended from time to time in accordance with their terms. Together, the Terms of Use, Privacy Policy, Featured Ads Terms, and any such other terms shall be referred to as the "Other Terms". If you have not agreed, or do not hereby agree, to these Terms and the Other Terms you must immediately stop purchasing, accumulating or using the Credits.

1.7   Any breach of any provision of the Other Terms by you will be deemed to be a breach of these Terms.

2. Your use of the Credits

2.1 Who can use the Credits?

Credits can be acquired, accumulated and used by you if you are an OLX user who has an OLX account ("OLX account"). Credits you acquire or earn are personal to you and may only be used by you in accordance with the rules set out in 2.4 below.

2.2 How can you acquire Credits?

2.2.1 Credits may be acquired as follows:

2.2.1.1   you may purchase Credits ("Paid Credits") from OLX SA on the OLX Platform at the price so specified on the OLX Platform from time to time (including value-added tax thereon, if any); and

2.2.1.2  you may earn Credits by OLX SA allocating Credits to your account for Credits ("Credits Wallet") as a reward for certain behaviour ("Reward Credits") as contemplated in 2.2.5.

2.2.2  Under these Terms, the payment processing services for Credits purchased are provided by our global payments partner on behalf of OLX Global B.V. (which is an affiliate of MIH Ecommerce Holdings (Pty) Ltd.). In the event you choose to pay with a card, the payment is to be processed by such global payments partner on behalf of OLX B.V., while services may be delivered by MIH Ecommerce Holdings (Pty) Ltd. locally.

2.2.3  As far as the law allows: (a) you acknowledge that any payment collection and processing services are provided by third parties; (b) you understand and agree that in case of breach or defective service by the relevant third party, you shall only be able to make a claim against such third party; (c) and subject to the provisions of section 4 (Consumer Protection Act and Electronic Communications and Transactions Act) below ("Consumer Section") (i) neither OLX SA  nor OLX Global B.V shall have any liability towards any party in connection with such transactions, and (ii) you use the Credits and any related services at your sole risk and responsibility.

2.2.4  During the course of using your Credits you may have to link to third party websites which are completely unrelated to OLX SA and/or OLX Global B.V. If you link to third party websites, you may be required to agree to and be subject to those third party websites' terms and conditions and other policies. As far as the law allows, and subject to the Consumer Section, neither OLX SA nor OLX Global B.V make any representations or warranties regarding the accuracy or authenticity of the information contained on such third party sites, and your linking to any other websites is, as far as the law allows and subject to the Consumer Section, completely at your own risk and neither OLX SA nor OLX Global B.V will be liable in any way for your link to such other websites.

2.2.5 Reward Credits may also be allocated to your Credits Wallet by OLX SA as a reward in circumstances so specified on the OLX Platform from time to time, including:

2.2.5.1 where you have purchased Credits in bulk in excess of a certain number in a single transaction, which number is specified on the OLX Platform from time to time;

2.2.5.2 where you have exhibited behaviour on the OLX Platform which enhances user experience as specified on the OLX Platform from time to time, for instance, by posting your first advertisement, or sharing posts on Facebook or other social media platforms; and/or

2.2.5.3 where you have reached certain milestones so specified on the OLX Platform from time to time.

2.2.6 The number of Reward Credits allocated to you in the circumstances set out in 2.2.5 shall be at least the number so specified on the OLX Platform in relation to such circumstances, but OLX SA reserves the right in its sole discretion to award further additional Credits in such circumstances.

 

 

2.3 When can you acquire Credits?

2.3.1   You can acquire Credits:

2.3.1.1   at the point of paying for an OLX value-added service,

2.3.1.2   at any point to be stored in the Credits Wallet; and

2.3.1.3   at the time the Credits are allocated to you by OLX SA in terms of sections 2.2.1 and 2.2.5.

2.3.2   You can use or redeem Credits at any time during their validity period, and subject to these Terms.

 

2.4 How do you use your Credits?

2.4.1  1 (one) Credit is worth the value as specified on the OLX Platform from time to time in the case of Paid Credits and Reward Credits, and may not be converted for cash.

2.4.2  Credits may be used to purchase any of the OLX value-added services, and such OLX value-added services may only be paid for by way of Credits and through no other payment method.

2.4.3  You may also use your Credits to top up your Credits Wallet for access to Credits at a later stage.

2.4.4  You may not use Credits to buy any products or services not being offered by OLX SA, or to purchase products or services advertised by other users the OLX platform.

2.4.5  You can only use Credits in the country in which your Credits Wallet is registered, and you cannot transfer or use the Credits in a different territory.

2.4.6  You cannot send and/or transfer Credits to another OLX user. Credits are for the exclusive use of each registered OLX user. Credits must be used exclusively by the OLX user who has purchased them or to whom the Credits have been allocated by OLX SA.

 

2.5 For how long are my Credits valid?

2.5.1 Paid Credits will expire on expiry of the validity period for such Credits as specified on the OLX Platform at the time of purchase, or on the date on which its full value has been redeemed, whichever occurs first.

2.5.2 Reward Credits will expire on expiry of the validity period for such Credits as specified on the OLX Platform at the time of allocation, or on the date on which its full value has been redeemed, whichever occurs first.

2.5.3 In the case of both Paid Credits and Reward Credits, the term of validity will start from the date of purchase by you or allocation under these Terms, as the case may be. 

2.5.4  Credits are consumed based on their term of validity, which is assigned to each type of Credit. Credits with a shorter remaining term of validity are consumed first.

2.5.5 Where you have spent Credits on an OLX value-added service in relation to an advertisement, whether or not you sell the product or service published in such advertisement before the end of the term of validity for such Credits, does not give you any right to a refund or reimbursement in respect of those Credits. Should you decide to terminate the advertisement before the term of validity for such Credits expires, you shall not be granted any refund or reimbursement for such Credits.

2.5.6 As far as the law allows (a) if your Credits Wallet and/or your OLX Account is deactivated, or otherwise terminated by OLX Global B.V. or OLX SA, respectively, in accordance with, or pursuant to any breach by you of, these Terms or the Other Terms, all the Credits you have purchased and been allocated shall automatically be forfeited; and (b) OLX SA also reserves the right to cancel or terminate, without notice to you, any Credits which we believe to have been directly or indirectly purposed or acquired through fraudulent or unlawful means.

 

3. Our provision of the Credits

3.1 For security reasons, OLX SA and/or OLX Global B.V., as the case may be, may postpone the uploading or posting of advertisements (either new and/or after being edited by the user) in respect of which OLX value-added services have been acquired. As far as the law allows, in the event that you do not fulfill the conditions as required by these Terms and/or by the Other Terms, OLX SA and/or OLX Global B.V., as the case may be, may at its sole discretion suspend or eliminate the advertisement or deactivate your Credits Wallet (and cancel or terminate any remaining Credits) as contemplated in these Terms and/or the Other Terms. Any such advertisement that does not comply with any conditions required in terms of the Other Terms, or which in any way endangers the normal operations of the OLX Platform, or does or could reasonably or attempts to circumvent, disable, or interfere with any security function of OLX SA and/or OLX Global B.V., as the case may be, may be removed, canceled or deleted, without reimbursement of any Credits which may have been used to procure such advertisement.

3.2 The Credits are designed to allow users to facilitate the purchases of OLX value-added services, but as far as the law allows it does not guarantee that any product or service advertised by the OLX user will be sold or that inquiries will be generated as a result of the OLX user's procurement of Credits, therefore, to the maximum extent permitted by law, (a) Credits are provided as advertised ("as is"), without any guarantee of results, and (b) neither OLX SA nor OLX GLobal B.V. guarantees, represents, or assumes any legal obligation or responsibility for the sale or non-sale of goods or services published and promoted through any OLX value-added service procured by way of Credits.

3.3  The Credits are designed to allow users to facilitate the purchases of OLX value-added services, but it does not guarantee that any product or service advertised by the user will be sold or that inquiries will be generated as a result of the user's procurement of Credits, therefore, to the maximum extent permitted by law, (a) Credits are provided as advertised ("as is"), without any guarantee of results, and (b) OLX does not guarantee, represent, or assume any legal obligation or responsibility for the sale or non-sale of goods or services published and promoted through any OLX value-added service procured by way of Credits.

 

4. CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

4.1 If these Terms and/or the Credits are 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 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.

4.2 Nothing in these Terms:

4.2.1 limits or exempts OLX SA, OLX Global B.V. or any other person from any responsibility or liability (including, without limitation, for any loss directly or indirectly attributable to the gross negligence or wilful default of OLX SA, OLX Global B.V. or any other person, or any person acting for or controlled by OLX SA, OLX Global B.V. or any other person) to the extent that the law does not allow this; or

4.2.2  requires you to assume risk or responsibility or liability (including, without limitation, for the kind of loss referred to in 4.2.1 above) to the extent the law does not allow this; or

4.2.3  excludes any warranties implied into these Terms by law, to the extent that the law does not allow them to be excluded.

 

5. Provisions of the Terms of Use

5.1 Except where expressly dealt with in these Terms, Section 10 (Indemnity), Section 13 (Limitation and Termination of Service and Amendments to the Terms), Section 14 (Disclaimer of Warranties and Limitations of Liability), Section 15 (Assignment), Section 16 (Ability and Authority to Accept These Terms), Section 17 (General Information) and Section 18 (Violation of Terms and Liquidated Damages) of the Terms of Use (click here) shall, subject to section 5.2 below, apply mutatis mutandis to the provisions of these Terms and are deemed to be incorporated by reference in these Terms, and to the extent necessary shall be numbered as sections 6 to 12 (inclusive) of these Terms, respectively. 

5.2 Unless otherwise defined in these Terms, capitalised terms in the aforementioned incorporated sections shall bear the meaning ascribed thereto in the Terms of Use, except that:

5.2.1 any reference to the "Terms" in the Terms of Use should be read to mean these Terms;

5.2.2 any reference to the "Services" in the Terms of Use should be read to mean the Credits; and

5.2.3 any reference to "Section 19" in the Terms of Use should be read to mean section 4 of these Terms; and

5.3.4 any reference to "OLX" or "OLX Global B.V." in the Terms of Use should be read to mean OLX SA.5.3

5.3 To the extent that these Terms do or purport to grant any right or benefit to and in favour of OLX B.V. then OLX SA hereby accepts same on behalf of OLX Global B.V.

 

 

For any questions or support you can send an e-mail to: support@olx.co.za.