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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 (THE "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, 2.8] 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 clauses, 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], 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. 

Acknowledgements of fact by you. Sections [2.2.3] 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. Section [] 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 Section []. 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 B.V. ("OLX", "we", "our" or "us") provides a service in terms of which users of the OLX platform ("OLX users", "you", or "your") may purchase from OLX, or OLX may allocate to OLX users, online credits for the sole purpose of acquiring any of value-added services offered by OLX from time to time, including, but not limited to Featured Ads ("Credits" and/or "Credits Services").

1.2    These Terms govern the use of the Credits on the OLX website, accessible at, [www.olx.co.za], on our mobile site, accessible at [m.olx.co.za], and on any OLX software application made available by us for mobile devices (the website, mobile site and mobile application are collectively referred to in these Terms as the "Website").

1.3    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.

1.4    By using the Credits and agreeing to these Terms you must also have agreed, or hereby agree, to be bound by the provisions of our general terms of use, accessible at "Terms of Use" , our privacy policy, accessible at "Privacy Policy", our terms relating to Featured Ads accessible at "Featured Ads Terms", or any other terms relating to any specific services provided by OLX, as amended from time to time. Together, the Terms of Use, Privacy Policy, Featured Ad Terms, and any additional terms shall be referred to as the "Other Terms". If you have not, or do not hereby agree to the Other Terms, you must immediately stop purchasing, accumulating or using the Credits.

1.5    Note that a breach of any provision of the Other Terms by you will be a breach of these Terms.

 

2. Your use of the Credits

2.1 Who can use the Credits?

The OLX Credits can be acquired, accumulated and used by any OLX users who have an active OLX account.

2.2 How can you acquire Credits?

2.2.1   You may purchase Credits on the Website by [], and the minimum purchase of Credits for any single transaction shall be [] Credits ("Paid Credits").

2.2.2   You acknowledge that any payment collection and processing services are provided by third parties not related in any way to OLX nor are these services under OLX's control. 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, and as far as the law allows, and subject to Section 19 of the Terms of Use. which is incorporated in these Terms by reference, OLX shall have no liability towards any party in connection with such transactions. As far as the law allows and subject to Section 19, you use the Credits and any related services at your sole risk and responsibility.

2.2.3   Furthermore, during the course of using your Credits you may have to link to third party websites which are completely unrelated to OLX. If you link to third party websites, you may be subject to those third party websites' terms and conditions and other policies. As far as the law allows, and subject to Section 19 of the Terms of Use, OLX makes no 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 Section 19, completely at your own risk and OLX will not be liable in any way for your link to such other websites.

2.2.4   Credits may also be allocated to your user account by OLX as a reward ("Reward Credits") in the following circumstances:

2.2.4.1   where you have purchased Credits in bulk, that is, [more than 500 Credits] in a single transaction;

2.2.4.2   where you have exhibited behavior on the Website which enhances user experience, for instance, by posting your first advertisement, or sharing posts on Facebook or other social media platforms etc.; and/or

2.2.4.3   where you have reached certain [milestones] prescribed by OLX.

2.2.5   The number of Reward Credits allocated to you in the circumstances set out in 2.4 is determined by OLX in its sole discretion.

2.2.6   1 (one) Credit shall cost, and is worth R1 in the case of both Paid Credits and Reward Credits.

2.3 When can you acquire Credits?

2.3.1   You can acquire and redeem Credits:

2.3.1.1   (i) at the point of paying for a Featured Ad or any other OLX value-added service,

2.3.1.2   (ii) at any point to be stored in OLX's digital wallet ("OLX Wallet"); and

2.3.1.3   (iii) at the time they are allocated to you by OLX in terms of sections 2.1 and 2.2.4.

2.4 How do you use your Credits?

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

2.4.1.1   Featured Ads;

2.4.1.2   [].

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

2.4.3   You may not use Credits to buy any products or services not being offered by OLX, or to purchase products or services advertised by other users on any of the OLX platforms.

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

2.4.5   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.

2.5 For how long are my Credits valid?

2.5.1   Paid Credits will expire as notified by OLX at the time of purchase, or after 90 days, or on the date on which its full value has been redeemed, whichever occurs first.

2.5.2   Reward Credits will expire as notified by OLX at the time of allocation, or after [30 days], 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 or attribution.

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

2.5.5   The fact of having sold the product or service published in an advertisement paid for using Credits before the end of the term of validity of such Credits, or not having it sold during that period, does not give the user any right to a refund or reimbursement in respect of those Credits. Should the User decide to terminate the advertisement before the term of validity expires, the user shall not be granted any refund or reimbursement.

2.5.6   If your account becomes inactive, or is deactivated, or otherwise terminated by OLX in accordance with these Terms or the Other Terms, all the Credits you have accumulated shall automatically be forfeited. OLX also reserves the right to forfeit, 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 may postpone the uploading or posting of advertisements (either new and/or after being edited by the user). In the event that you do not fulfill the conditions as required by these Terms and/or by the Other Terms,, OLX may at its sole discretion eliminate the advertisement or deactivate your account, without prior notice. Any Featured Ad that does not comply with any specified conditions, or which in any way endangers the normal operations of the Website, or attempts to circumvent, disable, or interfere with any security function of OLX, may be removed, canceled or deleted, without reimbursement of any Credits which may have been used to procure such Featured Ad.

3.2   If for any reason, whether technical or of any other nature, your advertisements are not shown in accordance with the conditions established in the purchase of Credits, once notified of this, OLX will only be obliged to amend that situation within a reasonable time. OLX will receive and evaluate any claim manifested by you through the Help Section.

3.3   The Credits are designed to allow users to facilitate the purchases of Featured Ads and other 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, Credits are provided as advertised ("as is"), without any guarantee of results, and, to the maximum extent permitted by law, 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 a Featured Ad or other value-added service procured by way of Credits. 

 

4. Provisions of the Terms of Use

4.1   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), Section 18 (Violation of Terms and Liquidated Damages/Contact Us) and Section 19 (Consumer Protection Act and Electronic Communications and Transactions Act) of the Terms of Use shall apply mutatis mutandis to the provisions of these Terms and are deemed to be incorporated herein. 

4.2   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:

4.2.1   any reference to the "Terms" in the Terms of Use should be read to mean these Terms as they relate to the regulation of Credits; andany reference to the "Services" in the Terms of Use should be read to include the services relating to the Credits Services.

4.2.2   any reference to the "Services" in the Terms of Use should be read to include the services relating to the Credits Services.