1. Introduction and how to read this document

1.1 These Terms & Conditions are the master agreement between you and LIST SECURE (PTY) LTD ("List Secure", "we", "us", "our") for your use of the Platform.

1.2 We have written these Terms & Conditions in plain language, as section 22 of the Consumer Protection Act 68 of 2008 requires. Where a clause is important, or where it limits our liability, places a risk on you, or allows us to act against your account, we have marked it in bold. Please read those clauses carefully.

1.3 The most important thing to understand before you use the Platform is this: List Secure is a marketplace and an intermediary. We are not the seller of the Items listed on the Platform. When you buy, your contract of sale is with the Vendor, not with us. Clause 6 explains this in full.

1.4 If you do not agree with these Terms & Conditions, you must not use the Platform.

1.5 This document supersedes all earlier versions of our terms, and supersedes the Privacy Policy dated 15 December 2025 and any earlier policies, to the extent that those documents dealt with the subject matter of this document.

2. Supplier information disclosure (section 43(1) of ECTA)

2.1 Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") requires a supplier offering goods or services for sale, for hire or for exchange by way of an electronic transaction to make the following information available to consumers on the website where the goods or services are offered. We set it out here so that it is clear that the obligation has been met.

2.2 Our details

2.2.1 Full legal name: LIST SECURE (PTY) LTD.

2.2.2 Legal status: a private company incorporated in the Republic of South Africa in terms of the Companies Act 71 of 2008.

2.2.3 Company registration number: [INSERT: company registration number].

2.2.4 VAT registration number: [INSERT: VAT number, or delete this line if not VAT-registered].

2.2.5 Directors: [INSERT: full names of directors].

2.2.6 Registered and physical address (and our address for the service of legal documents): 16 Pelican Way, Zeekoevlei, Western Cape, 7942, South Africa.

2.2.7 Postal address: [INSERT: postal address if different].

2.2.8 Website address: https://listsecure.co.za.

2.2.9 Email addresses: general and support enquiries — support@listsecure.co.za; privacy and data protection — data@listsecure.co.za; legal notices — [INSERT: legal@listsecure.co.za or confirm support@].

2.2.10 Telephone number: [CONFIRM: +27 28 123 4567 — the number currently on the website appears to be a placeholder].

2.2.11 Website host / service provider: [INSERT: hosting provider].

2.2.12 Information Officer (section 55 of POPIA): [INSERT: full name of the Information Officer], contactable at data@listsecure.co.za, registered with the Information Regulator [CONFIRM registration].

2.3 Self-regulation, codes of conduct and dispute resolution

2.3.1 Membership of self-regulatory or accreditation bodies: [INSERT: name of any self-regulatory or accreditation body of which List Secure is a member, and the membership number, or state "none"].

2.3.2 Codes of conduct we subscribe to: [INSERT: the code of conduct List Secure subscribes to and where it may be accessed electronically, or state "none"].

2.3.3 Alternative dispute resolution: if you have a complaint that we cannot resolve through the process in clause 12, you may refer it to the National Consumer Commission, to a recognised consumer ombud, to the Small Claims Court where the amount falls within its jurisdiction, or to arbitration under [CONFIRM: AFSA or private arbitration]. Clause 26 sets out the full route and the contact details.

2.4 Other section 43 information

2.4.1 Our main business: operating an online marketplace that allows verified Vendors to list Items for sale and allows Buyers to purchase those Items, with payment held by an independent escrow provider until the transaction is complete.

2.4.2 The goods or services we supply: we supply the Platform, identity and Listing verification, escrow facilitation and dispute support. We do not supply the Items themselves. The description, price, availability and condition of each Item are supplied by the Vendor.

2.4.3 Price: the full price of an Item, including delivery charges and any applicable taxes and fees, is shown to you on the checkout page before you are asked to pay.

2.4.4 Manner of payment: payment is made through the Payment Provider into the Escrow Account. Clause 8 and the Payment Terms explain this.

2.4.5 Time within which the goods will be delivered: delivery periods are set out on each Listing and in the Shipping Policy. Section 46 of ECTA requires performance within 30 days of the order unless a different period is agreed; clause 9 deals with this.

2.4.6 Cooling off and returns: clause 13 sets out your right to cool off under section 44 of ECTA and your rights under the Consumer Protection Act, and the Returns & Refunds Policy sets out the process.

2.4.7 Security procedures and privacy policy: our Privacy Policy explains how we process Personal Information and the safeguards we apply. Payment card data is processed by the Payment Provider under the PCI-DSS standard and is not stored by us.

2.4.8 Record of the transaction: you may access a record of each of your transactions in your Platform account for as long as your account remains open.

3. Definitions

3.1 In these Terms & Conditions, unless the context requires otherwise:

3.1.1 "Platform" means the List Secure website at listsecure.co.za, its subdomains, mobile applications and related services.

3.1.2 "User" means any person who accesses or uses the Platform.

3.1.3 "Buyer" means a User who purchases or offers to purchase an Item through the Platform.

3.1.4 "Vendor" means a User approved by List Secure to list Items for sale on the Platform.

3.1.5 "Item" means any product or goods listed for sale on the Platform.

3.1.6 "Listing" means a Vendor's offer of an Item, including all text, images and specifications.

3.1.7 "Order" means a Buyer's accepted offer to purchase an Item.

3.1.8 "Escrow Provider" means TradeSafe, or such other escrow provider as List Secure may appoint.

3.1.9 "Escrow Account" means the trust/escrow account in which Order funds are held.

3.1.10 "Payment Provider" means PayFast, or such other payment service provider as we may appoint.

3.1.11 "Purchase Price" means the price of the Item excluding Delivery Charges.

3.1.12 "Order Total" means the Purchase Price plus Delivery Charges plus any applicable fees and VAT.

3.1.13 "Commission" means the fee payable by the Vendor to List Secure on each completed Order.

3.1.14 "Acceptance Window" means the period after delivery within which a Buyer must confirm acceptance or lodge a Dispute, failing which acceptance is deemed.

3.1.15 "Dispute" means a Buyer/Vendor disagreement lodged through the Platform before the Acceptance Window closes.

3.1.16 "Business Day" means any day other than a Saturday, Sunday or South African public holiday.

3.1.17 "Personal Information" has the meaning given to it in the Protection of Personal Information Act 4 of 2013 ("POPIA").

3.1.18 "Content" means any material a User uploads, posts or transmits through the Platform.

3.1.19 "Platform Terms" means the documents listed in clause 5.1, read together.

3.2 Words in the singular include the plural and the other way round. A reference to a statute is a reference to that statute as amended or replaced from time to time. Headings are for convenience only and do not affect interpretation.

4. Acceptance of these terms and who may use the Platform

4.1 You accept these Terms & Conditions when you do any of the following: create an account; place an Order; list an Item; or otherwise access or use the Platform.

4.2 By accepting, you agree that these Terms & Conditions are a binding agreement between you and us, concluded electronically, and that it is valid and enforceable in terms of Chapter III of ECTA.

4.3 You may only use the Platform if you:

4.3.1 are 18 years of age or older;

4.3.2 have full legal capacity to contract, and are not subject to any legal restriction that prevents you from concluding this agreement;

4.3.3 are acting for yourself, or are duly authorised to act for a juristic person, in which case you warrant that you have that authority and that both you and that juristic person are bound; and

4.3.4 are not a person whose account we have previously suspended or terminated, unless we have agreed in writing that you may return.

4.4 The Platform is not intended for children. We do not knowingly allow a person under 18 to register or to transact. If we learn that a User is under 18, we will close the account. Section 34 and section 35 of POPIA govern our handling of any Personal Information of a child that we receive, and the Privacy Policy explains this.

4.5 The Platform is aimed at Users in South Africa. If you use it from outside South Africa, you do so on your own initiative and you are responsible for complying with the laws of the country you are in.

5. The Platform Terms and the order of precedence

5.1 The following eight documents apply to your use of the Platform and are incorporated into this agreement by reference. Together they are the "Platform Terms":

5.1.1 Terms & Conditions (this document);

5.1.2 Privacy Policy;

5.1.3 Cookies Policy;

5.1.4 Shipping Policy;

5.1.5 Returns & Refunds Policy;

5.1.6 Payment Terms;

5.1.7 Marketplace Rules;

5.1.8 Vendor Agreement.

5.2 All eight documents are available on the Platform. By using the Platform you agree to all of them that apply to you. The Vendor Agreement applies only to Users who have been approved as Vendors.

5.3 Order of precedence. If there is a conflict or inconsistency between the documents, the conflict is resolved as follows:

5.3.1 for a Vendor, on a matter specific to that Vendor's relationship with us as a Vendor — including Commission, payouts, listing obligations, vendor performance standards and vendor termination — the Vendor Agreement prevails;

5.3.2 on the processing of Personal Information, the Privacy Policy prevails;

5.3.3 on all other matters, and in all other cases, these Terms & Conditions prevail;

5.3.4 no document in the Platform Terms may be read to remove or reduce a right that the Consumer Protection Act 68 of 2008, ECTA or POPIA gives you and that cannot lawfully be removed or reduced. Where a document appears to do so, the statutory right prevails.

5.4 Terms of a third party — including the Escrow Provider and the Payment Provider — are not part of the Platform Terms. They apply to you separately, as clause 8 explains.

6. The nature of our service — please read this clause

This is the most important clause in these Terms & Conditions. It explains what we are, what we are not, and what our verification does and does not mean.

6.1 We are an intermediary and a venue

6.1.1 List Secure operates an online marketplace. We provide a venue where a Vendor may offer an Item for sale and a Buyer may buy it.

6.1.2 We are not a party to the contract of sale. The contract of sale for every Item is concluded between the Buyer and the Vendor, and only between them.

6.1.3 We are not the seller, the importer, the distributor, the producer or the supplier of any Item listed by a Vendor, for the purposes of the Consumer Protection Act 68 of 2008 or otherwise. The supplier of the Item is the Vendor.

6.1.4 We do not take title to any Item and we do not take possession of any Item. Items are stored, packaged, dispatched and delivered by the Vendor. We never hold your Item.

6.1.5 We do not control, and are not responsible for, the accuracy of a Listing, the existence, quality, safety, legality or condition of an Item, a Vendor's ability to sell it, a Buyer's ability to pay for it, or whether either of them will complete the transaction.

6.2 What our verification and screening actually mean

6.2.1 We do apply the following controls, and we take them seriously:

(a) Identity verification — Vendors are subject to South African identity checks through our verification provider, Verify ID, which may include ID number validation and document and biometric checks;

(b) AI-assisted screening — automated systems screen identities and Listings for indicators of fraud, prohibited Items, counterfeit goods and duplicate or manipulated content;

(c) Manual human review — our team reviews Vendors and Listings, both before approval and on an ongoing risk-based basis;

(d) Escrow — Buyer funds are held by the Escrow Provider and are not released to the Vendor until the transaction is confirmed complete or the Acceptance Window has run;

(e) Dispute support — we run the Dispute process in clause 12 and issue a determination on the evidence;

(f) Enforcement — we act against Users who break the Platform Terms, as clause 17 and the Marketplace Rules set out.

6.2.2 But you must understand the limits of those controls:

(a) verification, screening and review reduce risk. They do not eliminate it. Fraud, misdescription, non-delivery and defective goods remain possible on the Platform;

(b) verification is not a guarantee, endorsement, authentication, certification, approval or warranty by us of any Vendor, any Item, any Listing, any description, any statement of condition or authenticity, or any transaction;

(c) the fact that a Vendor is shown as verified means only that the verification steps described in clause 6.2.1 were carried out to the standard we apply at the time. It does not mean that we have inspected the Item, tested it, authenticated it, valued it, or confirmed that the Vendor owns it or is entitled to sell it;

(d) we do not physically inspect Items. We cannot, because we never have them;

(e) automated screening is imperfect. It produces both false positives and false negatives.

6.2.3 We do not describe the Platform as scam-free, risk-free, guaranteed or 100% safe, and you should not rely on any statement — from us, from a Vendor or from anyone else — that suggests that it is. If you see such a statement anywhere on the Platform or in our marketing, please report it to support@listsecure.co.za so that we can correct it.

6.2.4 You remain responsible for your own decision to transact. Read the Listing. Ask the Vendor questions through the Platform. Check the condition grading and the disclosed defects. Do not transact off the Platform.

6.3 What this means for your rights

6.3.1 Because the contract of sale is between you and the Vendor, your rights in respect of the Item — including your rights under the Consumer Protection Act, where it applies — are rights against the Vendor. Clause 13 explains this, and explains that whether the Consumer Protection Act applies at all depends on whether the Vendor is a business seller or a genuine private seller.

6.3.2 Nothing in this clause 6 limits our own liability for our own conduct, for the services we do supply, or in any way that section 51 of the Consumer Protection Act does not permit. Clause 19 sets out the limits of our liability.

7. Accounts, verification and security

7.1 Registration

7.1.1 To buy or sell you must register an account and give us accurate, current and complete information. You must keep it up to date.

7.1.2 Giving false information, using another person's identity or documents, or impersonating any person is a material breach of these Terms & Conditions and may be an offence under the Cybercrimes Act 19 of 2020.

7.2 Verification

7.2.1 We may require you to complete identity verification through our verification provider, Verify ID, before you may transact, before we release a payout, or at any time on a risk-based basis. This may include your identity number, an identity document or passport, a selfie or liveness check, proof of address and, for a Vendor, bank account and business registration details.

7.2.2 We apply controls aligned to the Financial Intelligence Centre Act 38 of 2001 ("FICA"), including risk-based customer due diligence and record-keeping, and we may report suspicious or unusual activity to the relevant authority. [CONFIRM with attorney: whether List Secure falls within Schedule 1 of the FIC Act]. Where you are yourself an accountable institution, you remain responsible for your own FICA obligations.

7.2.3 We may refuse, suspend or reverse verification, or refuse to open an account, without giving reasons, where we reasonably believe there is a risk of fraud, money laundering or breach of the Platform Terms.

7.2.4 The Privacy Policy explains how verification data is processed, on what legal basis, and how long we keep it.

7.3 One account per person

7.3.1 You may hold only one account, unless we agree in writing that you may hold more (for example, a separate Vendor account for a registered business).

7.3.2 You may not share your account with anyone, and you may not sell, transfer, cede or otherwise dispose of your account, your Listings, your ratings or your reviews to any other person.

7.3.3 Opening a second account to avoid a suspension, a restriction, a fee or a negative rating is a serious breach and will result in permanent removal from the Platform.

7.4 Security of your credentials

7.4.1 You must keep your password and any two-factor authentication method secret, and you must not let anyone else use them.

7.4.2 You are responsible for everything done through your account, unless you can show that it happened because of our own failure or through no fault of yours.

7.4.3 If you believe your account, password, email address or payment method has been compromised, you must tell us immediately at support@listsecure.co.za and change your password. We will act promptly to secure the account. Delay in reporting may increase your losses.

7.4.4 We will never ask you for your password. We will never ask you to make a payment outside the Platform.

8. How a transaction is formed

8.1 Listings are offers

8.1.1 A Listing is an offer by the Vendor to sell the Item on the terms set out in the Listing. It is not an invitation to do business and it is not an advertisement by us.

8.1.2 The Vendor may withdraw or amend a Listing at any time before a Buyer accepts it, subject to the Vendor Agreement and the Marketplace Rules.

8.2 Acceptance and when the contract comes into existence

8.2.1 When you place an Order and your payment of the Order Total is successfully received into the Escrow Account, that is your acceptance of the Vendor's offer.

8.2.2 The contract of sale between you and the Vendor comes into existence at the moment the Escrow Provider confirms receipt of cleared funds for the Order Total into the Escrow Account, and we notify you and the Vendor that the Order has been created.

8.2.3 Adding an Item to a cart, starting checkout, or receiving an automated acknowledgement that a payment is being processed does not create a contract of sale.

8.2.4 The contract of sale is between you and the Vendor. We conclude it as the operator of the venue and the facilitator of the payment; we are not a party to it and we are not a co-seller, agent for the sale, or guarantor of the Vendor's performance.

8.3 Pricing, pricing errors and your protection

8.3.1 Prices are set by the Vendor and are shown in South African Rand.

8.3.2 The Order Total shown at checkout includes the Purchase Price, the Delivery Charges and any applicable fees and taxes. Nothing further is payable to us or to the Vendor for that Order unless the Listing says so.

8.3.3 Obviously erroneous prices. Sometimes a price is displayed that is obviously wrong — for example, because of a typing error, a currency or decimal error, or a technical fault. Section 23(9) of the Consumer Protection Act allows a supplier not to be bound by a price that contains an obvious unintentional error, provided the error is corrected and the consumer is told about it in good time.

8.3.4 Where an Item was displayed at a price that a reasonable person would recognise as an obvious error, we or the Vendor may cancel the Order. If we do, we will tell you as soon as we can and the full Order Total will be refunded to you from escrow. You will not be charged. We will not cancel on this basis where the price was a genuine promotional or clearance price, or where the price was simply lower than you expected.

8.3.5 If an Order has already been delivered before the error is discovered, we will not require you to return the Item; we will deal with the matter with the Vendor.

8.4 Availability

8.4.1 Vendors must keep stock levels accurate. If an Item is not available after you have paid, the Order will be cancelled and the full Order Total will be refunded to you from escrow.

8.4.2 Repeated failure to fulfil paid Orders is a breach of the Vendor Agreement and the Marketplace Rules and will lead to enforcement action against the Vendor.

8.5 VAT and tax

8.5.1 VAT treatment: [INSERT: VAT treatment — whether prices displayed include VAT, whether List Secure is a registered VAT vendor and charges VAT on Commission and on the other fees in the fee table in clause 7.2 of the Payment Terms, and how VAT is handled where the Vendor is not a registered VAT vendor].

8.5.2 Where a Vendor is a registered VAT vendor, the Vendor is responsible for accounting for VAT on the sale of the Item in terms of the Value-Added Tax Act 89 of 1991 and for issuing a valid tax invoice.

8.5.3 Where List Secure is a registered VAT vendor, VAT is charged on our Commission and on the other fees we charge under the fee table in clause 7.2 of the Payment Terms, and we will issue a tax invoice for those amounts.

8.5.4 Each Vendor is responsible for its own tax obligations, including income tax under the Income Tax Act 58 of 1962. We may be required to report transaction information to the South African Revenue Service [CONFIRM: whether third-party reporting obligations apply to the Platform].

9. Escrow and payment

9.1 This clause is a summary. The Payment Terms are the full agreement on payment and escrow, and you should read them.

9.2 Payment is made through the Payment Provider (PayFast) into the Escrow Account held by the Escrow Provider (TradeSafe).

9.3 List Secure does not hold client funds itself. Order funds are received and held by the Escrow Provider in an escrow trust account, separately from our own money. We do not have free use of those funds. [CONFIRM: that List Secure at no point receives or holds Buyer funds in its own bank account, including Commission, and that Commission is paid out to List Secure by the Escrow Provider on settlement].

9.4 The Escrow Provider holds the funds subject to its own terms and conditions, and the Payment Provider processes the payment subject to its own terms and conditions. By transacting on the Platform, you agree that you are bound by the terms of the Escrow Provider and the Payment Provider in addition to the Platform Terms. Links to those terms are on the checkout page. If you do not accept them, you must not transact.

9.5 Funds are released from escrow to the Vendor once the Buyer confirms acceptance, or once the Acceptance Window closes without a Dispute being lodged, or in accordance with a Dispute determination given effect by the Escrow Provider.

9.6 We are not liable for a failure, delay, error, outage or insolvency of the Payment Provider or the Escrow Provider, except to the extent that the failure was caused by us. Where such a failure occurs, we will assist you in dealing with that provider.

9.7 Never pay a Vendor outside the Platform. If you do, there is no escrow, no Dispute process, no determination and no protection of any kind. Clause 16 and the Marketplace Rules deal with this.

10. Delivery

10.1 This clause is a summary. The Shipping Policy is the full statement of how delivery works.

10.2 The Vendor is responsible for packaging, dispatch and delivery of the Item, through a courier or, where the Listing allows it, by collection. We do not take possession of Items and we do not deliver them.

10.3 Delivery timeframes are shown on the Listing. In terms of section 46 of ECTA, where no period is agreed, the Vendor must perform within 30 days of the Order. In terms of section 19 of the Consumer Protection Act, where the Consumer Protection Act applies, goods must be delivered at the agreed date, time and place, and the risk in the Item passes to the Buyer on delivery, not before.

10.4 If delivery does not happen within the agreed period, you may cancel the Order and receive a refund of the Order Total from escrow, and you should lodge a Dispute so that we can act.

10.5 You must give a correct and complete delivery address and be available to accept delivery. Repeated failed deliveries caused by you may result in the Delivery Charges not being refunded.

11. Returns and refunds

11.1 This clause is a summary. The Returns & Refunds Policy is the full statement of your return and refund rights and the process to follow.

11.2 In short, you may be entitled to return an Item and receive a refund:

11.2.1 under section 44 of ECTA, within seven days, without giving a reason (clause 13.2);

11.2.2 under section 20 of the Consumer Protection Act, where that section applies;

11.2.3 under section 56 of the Consumer Protection Act, within six months, where the Item is defective, unsafe or not of good quality and the Vendor supplied it in the ordinary course of business; or

11.2.4 under the Vendor's own returns terms, or as the outcome of a Dispute determination.

11.3 Refunds are made from escrow where the funds are still in escrow, and otherwise by the Vendor. Refunds are made to the original payment method unless we agree otherwise.

12. The Acceptance Window and Disputes

12.1 The Acceptance Window

12.1.1 After the Item is delivered you have the Acceptance Window, being [INSERT: Acceptance Window — number of days after delivery], to inspect the Item and either confirm acceptance or lodge a Dispute in the Platform.

12.1.2 If you do not confirm acceptance and do not lodge a Dispute before the Acceptance Window closes, you are deemed to have accepted the Item and the funds will be released from escrow to the Vendor.

12.1.3 Deemed acceptance does not take away your statutory rights. In particular, it does not remove the six-month implied warranty in section 56 of the Consumer Protection Act, where that section applies. It means only that the escrow protection for that Order has ended and that any further claim is one you must pursue against the Vendor directly, although we will still assist where we can.

12.1.4 Inspect the Item as soon as it arrives. Keep the packaging and take photographs before you use the Item.

12.2 The Dispute escalation path

12.2.1 Every Dispute follows the same five steps:

Step 1 — the Buyer raises the Dispute in the Platform before the Acceptance Window closes, with a description of the problem and supporting evidence (photographs, the delivery record and the message history).

Step 2 — the Vendor has [INSERT: number] Business Days to respond, with its own evidence.

Step 3 — List Secure reviews the evidence and issues a determination within [INSERT: number] Business Days.

Step 4 — the Escrow Provider gives effect to the determination in accordance with its own terms.

Step 5 — unresolved matters go to the National Consumer Commission, a recognised consumer ombud, the Small Claims Court, or arbitration under [CONFIRM: AFSA or private arbitration].

12.2.2 While a Dispute is open, the funds for that Order stay in escrow.

12.2.3 A determination we issue in Step 3 is our assessment of the evidence available to us, as the operator of the Platform and under the Platform Terms. It is not an arbitration award, a court judgment or legal advice, and it does not decide the legal rights of the Buyer and the Vendor against each other. Both of you keep every right you have in law, and Step 5 remains open to you.

12.2.4 We will act honestly, apply the Platform Terms consistently and give reasons for a determination.

12.2.5 You must engage with the Dispute process honestly. Fabricated evidence, a false claim of non-delivery, item switching and other abuses are dealt with in the Marketplace Rules and may result in permanent removal, recovery of our losses and a report to the South African Police Service.

13. Your consumer rights

Read clause 13.4 before you rely on any of these rights. Whether the Consumer Protection Act applies to your purchase depends on whether the Vendor is a business seller or a private seller.

13.1 Which laws may apply

13.1.1 Two different statutes may give you rights when you buy on the Platform: ECTA and the Consumer Protection Act 68 of 2008. They apply differently.

13.2 The seven-day cooling-off right (section 44 of ECTA)

13.2.1 Because you buy on a website, your purchase is an electronic transaction. Section 44 of ECTA gives you the right to cancel, without reason and without penalty:

(a) for goods, within seven days after the day you receive the goods; and

(b) for services, within seven days after the day the agreement was concluded.

13.2.2 If you cancel under section 44, you must return the goods, and the only charge you may be required to pay is the direct cost of returning them. Any other payment you have made must be refunded within 30 days of cancellation.

13.2.3 This right applies to your purchase from the Vendor. We will facilitate a section 44 cancellation through the Platform where the funds are still in escrow, and we will require the Vendor to honour it.

13.2.4 Section 42(2) of ECTA excludes the section 44 right for certain transactions. The cooling-off right does not apply to, among others:

(a) financial services, including investment, insurance, banking and pension services;

(b) an auction;

(c) the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to your home or workplace;

(d) services which began, with your consent, before the end of the seven-day period;

(e) goods made to your specifications or clearly personalised, or which by their nature cannot be returned or can deteriorate or expire rapidly;

(f) audio or video recordings or computer software that you have unsealed;

(g) newspapers, periodicals, magazines and books;

(h) gaming and lottery services; and

(i) the provision of accommodation, transport, catering or leisure services where the supplier undertakes to provide them on a specific date or within a specific period; and

(j) goods or services the price of which depends on fluctuations in the financial markets that the supplier cannot control.

13.2.5 The Returns & Refunds Policy explains how to exercise the section 44 right in practice.

13.3 Consumer Protection Act rights

13.3.1 Where the Consumer Protection Act applies to your purchase (see clause 13.4), you have, among others, the following rights against the Vendor:

(a) Section 19 — delivery. Goods must be delivered at the agreed date, time and place. If the Vendor cannot, you may accept a new arrangement or cancel and be refunded. Risk in the goods passes to you on delivery.

(b) Section 20 — right to return goods. You may return goods in the circumstances set out in that section, including goods delivered that you did not agree to buy, goods delivered late, and goods you did not have an opportunity to examine and which you reject on delivery.

(c) Section 55 — safe, good quality goods. You have the right to receive goods that are reasonably suitable for the purposes for which they are generally intended, of good quality, in good working order, free of defects, usable and durable for a reasonable period, and compliant with any applicable standards. This right is reduced where goods are expressly sold in a particular condition and you were told about a specific defect and agreed to it — which is why condition grading and defect disclosure on a Listing matter.

(d) Section 56 — the implied warranty of quality. Every supplier gives an implied warranty that the goods comply with section 55. If they do not, you may return the goods within six months of delivery, at no cost to you, and you — not the supplier — choose whether the supplier must repair them, replace them or refund you. If a repaired good fails again within three months, the supplier must replace it or refund you.

(e) Section 61 — product liability. A producer, importer, distributor or retailer is liable for harm caused by supplying unsafe goods, a product failure, a defect or a hazard, or by inadequate instructions or warnings, whether or not that person was negligent.

(f) Section 54 — quality of services, section 65 — care with your property, section 22 — plain language, section 16 — the five-business-day cooling-off right for goods bought as a result of direct marketing, and section 17 — cancellation of advance reservations, also apply where their requirements are met.

13.3.2 A section 61 claim lies against the producer, importer, distributor or retailer of the unsafe goods. We are none of those things (clause 6.1.3). The Vendor, and the manufacturer or importer of the Item, are the parties against whom such a claim lies.

13.4 When the Consumer Protection Act applies — and when it does not

13.4.1 This is important and it is often misunderstood.

13.4.2 The Consumer Protection Act applies to the supply of goods "in the ordinary course of business". It therefore applies to a Vendor who sells as a business — a dealer, a retailer, a reseller, a trader, or anyone who sells regularly and for profit — even a small one, and even one operating from home.

13.4.3 The Consumer Protection Act generally does not apply to a genuine private, once-off sale between two consumers — for example, where a person sells their own used appliance because they no longer need it. In that case:

(a) there is no section 56 six-month implied warranty;

(b) there is no section 55 right to goods of good quality;

(c) the ordinary common law of sale applies instead, which gives you fewer and weaker remedies; and

(d) in practice, the Item is usually sold "voetstoots" (as it stands), although a private seller may still be liable for a defect that they knew about and deliberately concealed from you, and remains liable for a misrepresentation.

13.4.4 The seven-day ECTA section 44 cooling-off right in clause 13.2 is not affected by this distinction. It applies to electronic transactions and so applies whether the Vendor is a business or a private seller, subject to the section 42(2) exclusions.

13.4.5 Your escrow protection, the Acceptance Window and the Dispute process apply to every Order on the Platform, regardless of whether the Vendor is a business or a private seller. Those are contractual protections we provide; they are not statutory rights and they do not replace them.

13.4.6 How to know which you are dealing with. Each Listing shows whether the Vendor is a business seller or a private seller. Check it before you buy. [CONFIRM: that the Platform in fact displays, on every Listing and on the Vendor's profile, whether the Vendor is registered as a business seller or a private seller. If it does not, this must be built before publication. A Buyer cannot know what statutory rights they have unless the Vendor's status is disclosed, and publishing this clause while the Platform does not display that status would itself be a misleading representation for the purposes of section 41 of the Consumer Protection Act.]

13.4.7 Vendors must register with the correct status and keep it accurate. A Vendor who sells as a business but registers as a private seller in order to escape Consumer Protection Act obligations commits a material breach of the Vendor Agreement, and we will re-classify the account and may remove it.

13.4.8 Nothing in the Platform Terms limits, excludes or waives any right you have under the Consumer Protection Act, ECTA or POPIA that cannot lawfully be limited, excluded or waived.

14. Second-hand goods

14.1 Both new and pre-owned Items are traded on the Platform.

14.2 A Vendor who deals in second-hand goods as a business must comply with the Second-Hand Goods Act 6 of 2009, including registration with the South African Police Service, keeping the prescribed register for five years, recording IMEI and serial numbers for communication equipment, not acquiring goods from a minor, and observing the mandatory holding period before altering or disposing of goods.

14.3 Every Vendor warrants that it has lawful title to each Item and is entitled to sell it.

14.4 The Marketplace Rules deal with second-hand goods, stolen goods, IMEI checks and our reporting obligations in full. Read them.

15. Fees

15.1 Buyers. Buyers pay the Order Total shown at checkout. [INSERT: whether a Buyer Service Fee, an Escrow Fee or a Payment Gateway Fee is charged to Buyers, the amount or percentage of each, and whether it is refundable if the Order is cancelled or refunded — the names and the figures must match the fee table in clause 7.2 of the Payment Terms]. Any such fee will be itemised on the checkout page before you pay, and no fee will be charged that was not shown to you first.

15.2 Where an Order is cancelled or refunded in full, we will refund [CONFIRM: whether buyer-side fees are refunded in full on a cancelled or refunded Order].

15.3 Vendors. Vendors pay Commission and any other fees set out in the Vendor Agreement. Those fees are not payable by Buyers and are not added to the Order Total shown to a Buyer.

15.4 We may change our fees. We will give you at least [INSERT: number of days' notice of a fee change] notice before a change takes effect. A change does not apply to an Order already placed.

15.5 Bank charges, currency conversion costs and charges imposed by your own bank or card issuer are yours to pay.

16. Your conduct and prohibited use

16.1 The Marketplace Rules set out in full what you may and may not do on the Platform, what may and may not be listed, and how we enforce those rules. The Marketplace Rules are binding on you.

16.2 Without limiting the Marketplace Rules, you must not:

16.2.1 use the Platform for an unlawful purpose, or to list, sell or buy anything that is unlawful to trade in South Africa;

16.2.2 misrepresent an Item, its condition, its authenticity, its ownership or its provenance;

16.2.3 sell counterfeit, replica or IP-infringing goods, or stolen goods;

16.2.4 ask another User to pay or be paid outside the Platform, or attempt to complete a transaction started on the Platform off the Platform, in order to avoid fees or escrow;

16.2.5 manipulate ratings or reviews, place shill bids or fake orders, or use multiple accounts;

16.2.6 harass, threaten, defame or discriminate against any person, or post hate speech;

16.2.7 access or attempt to access any part of the Platform, any account or any data without authorisation, introduce malware, scrape the Platform by automated means without our written permission, or interfere with the operation or security of the Platform — conduct of this kind may be an offence under the Cybercrimes Act 19 of 2020 and we will report it;

16.2.8 use the Platform to launder money, to finance terrorism, or to move funds for any purpose other than a genuine sale of an Item;

16.2.9 send unsolicited commercial communications to other Users, contrary to section 45 of ECTA and section 69 of POPIA; or

16.2.10 use another User's Personal Information for any purpose other than completing the Order for which it was given to you.

16.3 We may investigate suspected breaches, and you must cooperate with a reasonable investigation.

17. Content, intellectual property and takedowns

17.1 Our intellectual property

17.1.1 The Platform, its software, design, layout, look and feel, databases, text, graphics and the List Secure name and logo are owned by us or licensed to us, and are protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and other laws.

17.1.2 You may use the Platform for its intended purpose. You may not copy, reproduce, adapt, reverse engineer, republish or create a derivative work from any part of the Platform, or use our name or logo, without our written permission.

17.2 Your Content and the licence you give us

17.2.1 You keep ownership of the Content you upload, including your Listing text and photographs.

17.2.2 You warrant that you own that Content or have the right to use it, and that it does not infringe anyone's rights.

17.2.3 You grant us a non-exclusive, royalty-free, worldwide, transferable, sub-licensable licence to host, store, reproduce, adapt (for formatting and size), publish, display and distribute your Content for the purposes of operating, promoting and improving the Platform, and for as long as necessary for those purposes and for our record-keeping obligations.

17.2.4 The licence in clause 17.2.3 survives the removal of a Listing to the extent needed for records, dispute evidence, legal compliance and archived or cached copies.

17.2.5 [CONFIRM: whether List Secure uses Listing photographs and text in paid advertising and social media marketing outside the Platform — if so, this must be stated expressly in clause 17.2.3].

17.3 Reporting infringing Content — takedown notification under section 77 of ECTA

17.3.1 If you believe Content on the Platform infringes your rights, send a takedown notification to [INSERT: takedown email address, for example takedown@listsecure.co.za], marked for the attention of [INSERT: name and designated position of the designated agent for takedown notifications], at 16 Pelican Way, Zeekoevlei, Western Cape, 7942, South Africa.

17.3.2 Section 77(1) of ECTA requires a takedown notification to be in writing, addressed to the service provider or its designated agent, and to contain all of the following:

(a) the full names and address of the complainant;

(b) the written or electronic signature of the complainant;

(c) identification of the right that has allegedly been infringed;

(d) identification of the material or activity that is claimed to be the subject of unlawful activity;

(e) the remedial action required to be taken by the service provider in respect of the complaint;

(f) telephonic and electronic contact details of the complainant;

(g) a statement that the complainant is acting in good faith;

(h) a statement by the complainant that the information in the takedown notification is, to the best of their knowledge, true and correct.

17.3.3 A notification that does not contain all of these items is not a valid takedown notification and we may not be able to act on it. We will tell you what is missing.

17.3.4 Section 77(2) of ECTA: a person who lodges a notification containing a material misrepresentation is liable for damages for any wrongful takedown that results.

17.3.5 On receipt of a valid notification we will act expeditiously, which normally means removing or disabling access to the Content and notifying the Vendor. Section 78 of ECTA does not oblige us to monitor Content generally or to look actively for unlawful activity, and removing Content on a notification is not an admission of liability by us or by the Vendor.

17.3.6 A Vendor whose Content is taken down may respond to us at the same address. If the Vendor satisfies us that the Content is not infringing, we may restore it.

17.4 Repeat infringers

17.4.1 We keep a record of takedown notifications against each Vendor.

17.4.2 A Vendor who is the subject of [INSERT: number of upheld takedown notifications that triggers permanent removal] upheld notifications within [INSERT: period, for example 12 months] will be permanently removed from the Platform, and any pending payouts may be held pending investigation.

17.5 Counterfeit goods

17.5.1 Listing, offering or supplying counterfeit goods is prohibited absolutely.

17.5.2 The Counterfeit Goods Act 37 of 1997 makes it an offence to possess counterfeit goods in the course of business, to sell them, or to have them in possession for that purpose. Penalties include a fine and imprisonment, and counterfeit goods may be seized.

17.5.3 Where we reasonably believe an Item is counterfeit, we will remove the Listing, may cancel and refund the Order, may withhold the Vendor's funds pending investigation, may permanently remove the Vendor, and may report the matter to the rights holder, the South African Police Service and the Department of Trade, Industry and Competition.

18. Suspension, restriction and termination

18.1 Your right to close your account

18.1.1 You may close your account at any time by contacting support@listsecure.co.za, provided you have no open Orders, Disputes or unpaid amounts.

18.1.2 Closing your account does not end obligations that already exist, and does not affect an Order already placed.

18.2 Our right to act against an account

18.2.1 We may restrict, suspend or terminate your account, remove a Listing, hold a payout or limit a feature where:

(a) you breach the Platform Terms, and materially so or repeatedly;

(b) we reasonably believe you have committed, attempted or facilitated fraud, or that your account has been compromised;

(c) you fail or refuse to complete verification;

(d) a Listing is unlawful, prohibited, counterfeit or misdescribed;

(e) we are required to act by law, by a court, by a regulator or by the South African Police Service;

(f) you have an unusually high rate of Disputes, cancellations, chargebacks or non-delivery; or

(g) you owe us money that is due and unpaid.

18.3 Notice

18.3.1 We will give you [INSERT: number] Business Days' notice before suspending or terminating your account, together with reasons.

18.3.2 We may act immediately and without prior notice where there is a risk of harm to another User, of fraud or loss, of unlawful activity, or where the law requires it. In that case we will tell you as soon as we reasonably can, and give reasons, unless the law prevents us.

18.4 Effect on pending Orders and on funds in escrow

18.4.1 Suspension or termination does not take money out of escrow. Funds already in the Escrow Account for an Order remain there and are dealt with under the ordinary rules: the Order is completed, cancelled and refunded, or determined through the Dispute process.

18.4.2 Where an account is terminated for fraud, we may hold funds and payouts for [INSERT: number of days funds may be held pending investigation of suspected fraud] while we investigate, and we may set off amounts you owe us, including refunds we have funded and chargeback costs.

18.4.3 We will not hold funds indefinitely. At the end of an investigation we will release the funds to the person entitled to them, or pay them over as required by law.

18.4.4 Where an Order is already in transit when an account is suspended, the Vendor must still deliver and the Buyer must still be able to raise a Dispute.

18.5 Appeal

18.5.1 You may appeal any enforcement decision, including a suspension, a termination, a payout hold, a Listing removal or a Dispute determination.

18.5.2 Send your appeal to support@listsecure.co.za within [INSERT: appeal window — number of days from the decision], saying what decision you are appealing and why.

18.5.3 Your appeal will be reviewed by a person, not by an automated system, and by someone who was not responsible for the original decision where that is practical. We will respond within [INSERT: number] Business Days.

18.5.4 Where a decision was made wholly or substantially by automated means, you have a right under section 71 of POPIA to ask for human intervention. The Privacy Policy explains this. The appeal route in this clause gives effect to it.

19. Disclaimers and limitation of liability

This clause limits our liability. Read it. It is drafted subject to section 51 of the Consumer Protection Act and does not exclude anything that section 51 does not allow us to exclude.

19.1 What we do not exclude

19.1.1 Nothing in the Platform Terms excludes or limits our liability for:

(a) gross negligence on our part;

(b) fraud, dishonesty or wilful misconduct on our part;

(c) death or personal injury caused by our act or omission;

(d) any liability that section 51 of the Consumer Protection Act, or any other law, does not permit us to exclude or limit; or

(e) any right you have under the Consumer Protection Act, ECTA or POPIA that cannot lawfully be waived.

19.1.2 Any part of this clause that would have an effect that section 51 does not permit is to be read down to the extent necessary, and if it cannot be read down it is severed and the rest of the clause continues to apply.

19.2 The Platform is provided "as is"

19.2.1 The Platform is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, secure against every attack, free of viruses, or available at any particular time.

19.2.2 We may suspend the Platform for maintenance, upgrades or security. We will try to give notice of planned downtime.

19.2.3 We do not warrant the accuracy, completeness or reliability of Content posted by Users, or of information provided by third parties.

19.3 What we are not liable for

19.3.1 Subject to clause 19.1, we are not liable for:

(a) the acts or omissions of a Vendor or a Buyer, including non-delivery, late delivery, misdescription, defect, non-payment or fraud by another User;

(b) the condition, quality, safety, legality, authenticity or fitness for purpose of any Item;

(c) a User's breach of the contract of sale;

(d) loss caused by your own failure to keep your credentials secure, or by your transacting off the Platform;

(e) the acts, omissions, failure, outage or insolvency of the Escrow Provider, the Payment Provider, a courier or any other third party, except to the extent we caused it;

(f) loss of profit, loss of business, loss of goodwill, loss of anticipated savings, loss of data, or any indirect, special, consequential or punitive loss, however arising; or

(g) any event described in clause 20 (force majeure).

19.4 Cap on our liability

19.4.1 Subject to clause 19.1, where we are liable to you, our total liability arising out of or in connection with a particular Order is limited to [INSERT: liability cap — for example, the Commission we earned on the affected Order, or the Order Total of the affected Order, whichever the company and its attorney decide].

19.4.2 Subject to clause 19.1, where we are liable to you and the claim does not relate to a particular Order, our total liability in any 12-month period is limited to [INSERT: aggregate liability cap — for example, the total fees and Commission we earned from you in the 12 months before the claim arose, or a fixed rand amount].

19.4.3 [CONFIRM with attorney: that the caps chosen are not unfair, unreasonable or unjust for the purposes of section 48 of the Consumer Protection Act, and that the manner of bringing them to a consumer's attention meets section 49, including the requirement of a conspicuous notice and an opportunity to receive an explanation of the risk.]

20. Force majeure

20.1 We are not liable for a failure or delay in performing our obligations caused by something beyond our reasonable control.

20.2 This includes, and is expressly stated to include, load-shedding and electricity supply interruptions, network, internet, fibre or mobile data outages, and failures of a telecommunications or utility provider, as well as fire, flood, storm, earthquake, epidemic or pandemic, war, riot, civil unrest, looting, national or regional lockdown, strike or industrial action, cyber attack, and any act of government or a regulator.

20.3 If such an event lasts more than [INSERT: number of days after which either party may cancel an affected Order for force majeure], either party may cancel an affected Order, and any funds in escrow will be returned to the Buyer.

20.4 We will keep you informed of a material and continuing disruption, and we will do what we reasonably can to reduce its effect.

21. Notices and electronic communications

21.1 You consent to communicating with us electronically, and you agree that data messages, emails and Platform notifications satisfy any legal requirement that a communication be in writing.

21.2 You agree that an electronic signature, a click-to-accept, a tick box or the use of your account credentials constitutes your signature and your agreement, and is valid and enforceable in terms of Chapter III of ECTA, including sections 11, 12 and 13.

21.3 In terms of section 23 of ECTA, a data message is treated as sent when it enters an information system outside the sender's control, and as received when it becomes capable of being retrieved by the addressee.

21.4 We will send notices to the email address on your account and by notification in the Platform. It is your responsibility to keep your email address current and to check your account.

21.5 Domicilium citandi et executandi (the address each party chooses for the service of legal documents):

21.5.1 List Secure: 16 Pelican Way, Zeekoevlei, Western Cape, 7942, South Africa, marked for the attention of [INSERT: title of the person to whom legal notices must be addressed], with a copy by email to [INSERT: legal@listsecure.co.za or confirm support@].

21.5.2 You: the physical address you gave on registration, and the email address on your account.

21.5.3 Either party may change its address by giving 10 Business Days' written notice. The new address must be a physical address in South Africa.

21.5.4 A notice is deemed received: on delivery, if delivered by hand on a Business Day; on the seventh Business Day after posting, if sent by prepaid registered post; and on the day of sending, if sent by email before 16h00 on a Business Day, unless the sender receives a delivery failure message.

22. Changes to these Terms & Conditions

22.1 We may change these Terms & Conditions from time to time, for example to reflect a change in the law, in our services, in our fees or in our providers.

22.2 We will publish the changed version on the Platform with a new version number and effective date.

22.3 For a material change — including a change to fees, to liability, to the Dispute process or to the Acceptance Window — we will give you at least [INSERT: number of days' notice of a material change to these terms] notice by email and by notification in the Platform before it takes effect.

22.4 If you do not accept a change, you may close your account before it takes effect. If you keep using the Platform after the change takes effect, you accept it.

22.5 A change does not apply retrospectively to an Order already placed or to a Dispute already lodged.

23. Cession, assignment and subcontracting

23.1 We may cede, assign, delegate, transfer or subcontract our rights and obligations under the Platform Terms, in whole or in part, including as part of a sale of our business, a merger or a restructuring. We will not do so in a way that reduces your rights. Where the transfer involves your Personal Information, the Privacy Policy applies.

23.2 You may not cede, assign, delegate or transfer any of your rights or obligations under the Platform Terms without our prior written consent.

24. General

24.1 Whole agreement. The Platform Terms are the whole agreement between you and us about your use of the Platform. They replace all earlier discussions, representations and agreements on that subject. This does not exclude liability for a fraudulent misrepresentation, and it does not affect a right you have under the Consumer Protection Act.

24.2 No waiver. If we do not enforce a right, or delay in enforcing it, that is not a waiver of that right. A waiver is only effective if it is in writing and signed by us, and it applies only to the specific instance.

24.3 Severability. If a court or a regulator finds a clause invalid, unlawful or unenforceable, that clause is severed and the rest of the Platform Terms continue to apply. Where the clause can be read down to make it valid, it must be read down rather than severed.

24.4 No partnership or agency. Nothing in the Platform Terms creates a partnership, joint venture, employment or agency relationship between you and us. No User may bind us or act in our name.

24.5 Relaxation. Any relaxation, indulgence or extension of time we grant is not a waiver and does not create a precedent.

24.6 Survival. Clauses that by their nature should survive termination do survive, including clauses 6, 17, 19, 21, 24 and 25.

24.7 Language. These Terms & Conditions are drafted in English. Any translation is provided for convenience, and the English version prevails.

24.8 Records. We keep records of transactions and communications as required by law, including for the periods set out in the Privacy Policy.

25. Governing law and jurisdiction

25.1 The Platform Terms and every transaction on the Platform are governed by the laws of the Republic of South Africa.

25.2 You consent, in terms of section 45 of the Magistrates' Courts Act 32 of 1944, to the jurisdiction of the Magistrates' Court having jurisdiction over you, in respect of any proceedings arising out of the Platform Terms, even where the amount in dispute exceeds that court's normal jurisdiction. This does not limit our right to institute proceedings in the High Court of South Africa where we choose to do so, and it does not limit your right to approach any court, tribunal, ombud or regulator that has jurisdiction.

25.3 Clause 25.2 does not limit our right to institute proceedings in the High Court of South Africa where we choose to do so, and it does not limit your right to approach any court, tribunal, ombud or regulator that has jurisdiction.

26. Complaints and dispute resolution

26.1 Start with us. Send a complaint to support@listsecure.co.za. We will acknowledge it within [INSERT: number] Business Days and respond within [INSERT: number] Business Days.

26.2 Order-related disputes follow the five-step Dispute process in clause 12.

26.3 If you are still not satisfied, you may approach:

26.3.1 the National Consumer Commission, established under section 85 of the Consumer Protection Act, in respect of a consumer complaint — [INSERT: current National Consumer Commission postal address, email address and telephone number];

26.3.2 the Consumer Goods and Services Ombud, or another recognised consumer ombud or industry ombud with jurisdiction — [CONFIRM: whether List Secure is or should be a participant in the Consumer Goods and Services Ombud scheme, and insert the Ombud's current contact details];

26.3.3 the National Consumer Tribunal, where the matter falls within its jurisdiction;

26.3.4 the Small Claims Court, where the amount falls within its jurisdiction;

26.3.5 arbitration under [CONFIRM: AFSA or private arbitration]; or

26.3.6 any court with jurisdiction.

26.4 Privacy complaints. Complaints about the processing of your Personal Information go first to our Information Officer at data@listsecure.co.za, and may then be taken to the Information Regulator (South Africa) under section 74 of POPIA, using Form 5 of the POPIA Regulations, 2018 (as amended in April 2025). The Privacy Policy sets out the Regulator's contact details.

26.5 Approaching a regulator or an ombud is free to you and does not take away your right to go to court.