1. Purpose of these Rules and how they fit with the Terms & Conditions

1.1 These Marketplace Rules are the community and conduct rulebook for the Platform. They tell you, in plain language, what you may list, what you may not list, how you must behave, and what happens if you break the Rules.

1.2 These Rules are one of the eight documents that make up the Platform Terms: the Terms & Conditions; the Privacy Policy; the Cookies Policy; the Shipping Policy; the Returns & Refunds Policy; the Payment Terms; these Marketplace Rules; and the Vendor Agreement.

1.3 These Rules are binding. Clause 16 of the Terms & Conditions incorporates them, and by using the Platform you agree to them.

1.4 If these Rules conflict with the Terms & Conditions, the Terms & Conditions prevail, except that for a Vendor, on a matter specific to that Vendor's relationship with us as a Vendor, the Vendor Agreement prevails. Nothing in these Rules removes a right you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") or the Protection of Personal Information Act 4 of 2013 ("POPIA") that cannot lawfully be removed.

1.5 Words in bold with a capital letter have the meanings given in clause 2.

1.6 These Rules are not a complete statement of South African law. Complying with them does not make an unlawful act lawful. You are responsible for knowing and obeying the law that applies to what you sell and how you sell it. If you are not sure whether you may lawfully sell something, do not list it until you have taken advice.

2. Definitions

2.1 In these Rules:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.1.17 "Personal Information" has the meaning given to it in POPIA.

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

3. Core principles

3.1 Five principles sit behind every rule in this document. If you are ever unsure what to do, go back to these.

3.1.1 Honest listings. Describe the Item as it actually is. Photograph the actual Item. Disclose every fault. If you would be annoyed to receive it after reading your own Listing, rewrite the Listing.

3.1.2 Real identity. One real person or one real registered business behind one account. No fake names, no borrowed identity documents, no second account to escape a bad record.

3.1.3 Safe trading. Sell only what you lawfully own and may lawfully sell. Never trade in stolen, counterfeit, dangerous or prohibited goods.

3.1.4 No off-platform payments. Every payment goes through the Escrow Account. Clause 8 explains why this matters more than any other rule in this document.

3.1.5 Treat people decently. No harassment, no threats, no hate speech, no discrimination.

3.2 We apply these Rules to everyone equally, whether you are a large business Vendor or a private seller listing one Item.

4. Listing standards

4.1 Title and description

4.1.1 The title must describe the actual Item: the brand, the model and the key specification. "iPhone 13 Pro 256GB Graphite" is a title. "BARGAIN!!! MUST SEE" is not.

4.1.2 The description must be accurate, complete and in your own words. It must state what is included in the box and what is not.

4.1.3 You must not overstate. Do not describe an Item as new when it has been used, as sealed when it has been opened, as unlocked when it is network-locked, or as genuine when you do not know that it is.

4.1.4 If you do not know something about the Item, say so. "I do not know whether the battery has been replaced" is acceptable. Guessing and presenting the guess as fact is not.

4.2 Photographs

4.2.1 You must use your own photographs of the actual Item you are selling.

4.2.2 Stock photographs, manufacturer images, images taken from another website or from another Listing, and rendered or AI-generated images of the Item are not permitted for used or pre-owned Items. They may be used only as an additional image for a genuinely new, factory-sealed Item, and only alongside at least one photograph you took yourself.

4.2.3 Photographs must show the Item's actual condition, including every fault, scratch, crack, stain, dent and missing part.

4.2.4 You must not edit a photograph in a way that hides a defect, and you must not use misleading "before and after" images, filters or lighting to disguise damage or wear.

4.2.5 Do not include another person's face, a child, a vehicle registration number, an identity document, a bank card or any other person's Personal Information in a photograph. Blur or remove it before uploading.

4.2.6 Watermarks with your own contact details, another website's branding, phone numbers, email addresses or social media handles are not permitted on Listing images.

4.3 Condition grading

4.3.1 Every Listing must carry one of the following condition grades. Use them honestly.

4.3.2 A grade is not a substitute for disclosure. Choosing "Good" does not excuse a failure to mention a crack.

4.4 Disclosure of defects and history

4.4.1 You must disclose, in the description, all of the following where they apply:

(a) every known fault, defect and functional limitation;

(b) any damage — physical, water, screen, corrosion, impact;

(c) any repair, service or refurbishment, who carried it out, and whether original parts were used;

(d) any non-original, third-party, aftermarket or replaced component;

(e) any missing part, accessory, cable, remote, charger, key, manual or piece of original packaging;

(f) whether the Item is still under manufacturer or retailer warranty, and if so for how long and whether the warranty is transferable;

(g) whether the Item has been network-locked, account-locked, region-locked, activation-locked or blacklisted;

(h) whether the Item is a display model, a demonstration unit, an ex-rental, an ex-lease or a return; and

(i) for a battery-powered Item, the battery's condition or health where you can determine it.

4.4.2 A Vendor who conceals a known defect is not simply breaching these Rules. Concealment of a known defect may make the Vendor liable in law even where the Item was sold "as it stands", and where the Vendor sells in the ordinary course of business it may also be an offence under section 41 of the Consumer Protection Act (false, misleading or deceptive representations).

4.5 Categories, keywords and duplicates

4.5.1 List the Item in the correct category. Our categories are: Appliances; Baby & Maternity; Beauty & Personal Care; Computers & Laptops; Electronics; Fashion & Clothing; Gaming; Kids & Toys; Outdoor & Garden; Pet Supplies; Sports & Fitness.

4.5.2 Keyword stuffing is prohibited. Do not add brand names, model names or search terms that do not describe the actual Item. Listing a generic phone case under "iPhone Samsung Huawei Nokia Xiaomi" is keyword stuffing.

4.5.3 Duplicate Listings are prohibited. Do not list the same Item more than once, under more than one account, or in more than one category, to get more exposure. Where you have genuine multiple units of the same Item, use the quantity field.

4.5.4 Do not use another Vendor's brand, store name or reputation in your Listing to attract traffic.

4.5.5 Do not list an Item you do not have, cannot lawfully supply, or intend to source only after a Buyer pays, unless the Listing clearly states that the Item is made or sourced to order and states the lead time.

4.6 IMEI, serial numbers and electronics

4.6.1 For every mobile phone, tablet, smart watch, modem, router and other communication device, you must record the IMEI number in the Listing field provided.

4.6.2 For other electronics — laptops, computers, cameras, televisions, gaming consoles and power tools — you must record the serial number where the Item has one.

4.6.3 You must confirm that the IMEI or serial number has not been removed, altered, defaced or obscured. An Item with a removed or altered IMEI or serial number may not be listed, and we will report it.

4.6.4 We may check an IMEI against blacklist and stolen-device databases, and against records held by the South African Police Service and industry bodies. Clause 5 explains what happens if a check returns a hit.

4.6.5 You must confirm whether the device is network-locked, carrier-locked, blacklisted, or subject to an activation lock (for example, iCloud Activation Lock, Google Factory Reset Protection or a Samsung account lock). You must remove your own account lock before dispatch. An Item delivered with your account lock still on it is a non-delivery for the purposes of the Dispute process.

4.6.6 Before dispatching any device, you must remove your Personal Information from it and factory reset it. Sending a device containing another person's Personal Information may be a breach of POPIA.

5. Stolen goods and the Second-Hand Goods Act 6 of 2009

This is the most serious section in these Rules. Trading in stolen goods is a crime. So is dealing in second-hand goods as a business without registering with the South African Police Service.

5.1 Lawful title

5.1.1 Every Vendor warrants, on every Listing and on every Order, that it is the lawful owner of the Item, or is duly authorised by the lawful owner to sell it, and that the Item is not stolen, misappropriated, hijacked, fraudulently obtained, subject to an insurance claim, subject to a credit agreement, or subject to any lien, pledge or other person's rights.

5.1.2 You must be able to show where you got the Item. Keep the proof of purchase, the invoice, the till slip, the box or the previous seller's details. We may ask for it, and we will ask for it in an investigation.

5.1.3 If you cannot show lawful title when we ask, we may remove the Listing, hold the funds, suspend the account and report the matter.

5.2 Registration as a second-hand goods dealer

5.2.1 The Second-Hand Goods Act 6 of 2009 applies to a person who carries on business as a dealer in second-hand goods. It does not normally apply to a genuine private person selling their own used possessions.

5.2.2 If you deal in second-hand goods as a business, you must:

(a) be registered with the South African Police Service as a second-hand goods dealer, and hold a valid certificate of registration (registration is valid for five years);

(b) keep the register prescribed by the Act for five years, recording each acquisition and each disposal, the date, the description of the goods, the price, and the full details and identity of the person from whom you acquired the goods;

(c) record the IMEI or serial number of communication equipment, and the VIN and engine number of a vehicle, in that register;

(d) not acquire goods from a person under the age of 18;

(e) observe the mandatory holding period before altering, dismantling, melting down or disposing of goods you have acquired; and

(f) produce your registration certificate and your register to a police official on demand.

5.2.3 A Vendor dealing in second-hand goods as a business must, on registration and on request, warrant that it complies with the Second-Hand Goods Act and provide its SAPS registration number. [INSERT: the field or process by which a Vendor supplies its SAPS second-hand goods dealer registration number and certificate].

5.2.4 [CONFIRM: whether the Platform requires and stores a SAPS second-hand goods dealer registration number for business Vendors trading in used goods, and whether that registration is verified. If it does not, this must be built and verified before publication, because the exposure sits with both the Vendor and the Platform.]

5.2.5 If you are not sure whether you are dealing as a business, assume that regular selling of used goods bought in order to be resold is a business, and take advice.

5.3 What we do about suspected stolen goods

5.3.1 We will report suspected stolen goods to the South African Police Service. We will do so on our own initiative and without waiting to be asked.

5.3.2 We will cooperate fully with law enforcement, including by giving effect to a lawful request, warrant, subpoena or court order for Listing data, account data, transaction records, device identifiers and communications, and by preserving evidence. The Privacy Policy explains the legal basis on which we disclose Personal Information for this purpose.

5.3.3 Where we reasonably suspect an Item is stolen, we may, without prior notice: remove the Listing; cancel the Order and refund the Buyer; hold the funds and any payout pending the outcome of the investigation; suspend or permanently remove the Vendor; retain the Listing, images, IMEI and account records as evidence; and notify the registered owner, the insurer or the rights holder.

5.3.4 A Buyer who believes they have received a stolen Item must report it to us immediately and should also report it to the South African Police Service. Do not resell it. Do not dispose of it.

5.3.5 We will not give a User advance warning of a report to the police where doing so would defeat the purpose of the report or amount to defeating the ends of justice.

5.3.6 [CONFIRM applicability: whether List Secure has a reporting obligation under section 54 of the Cybercrimes Act 19 of 2020 — which requires certain electronic communications service providers and financial institutions to report specified offences within 72 hours — and, if so, the internal process for meeting that deadline.]

6. Prohibited Items

6.1 You may not list, offer, sell, buy or arrange to transfer any of the following through the Platform. This list is not exhaustive. We may remove anything we reasonably consider unlawful, unsafe or inappropriate for the Platform.

6.2 Weapons and dangerous articles

6.2.1 Firearms of any kind, firearm parts, components, frames, receivers, barrels, magazines, silencers and firearm accessories that are controlled; ammunition and primers; and imitation, replica, deactivated, airsoft, blank-firing and paintball firearms that are capable of being mistaken for a real firearm — Firearms Control Act 60 of 2000.

6.2.2 Explosives, detonators, blasting materials, fireworks and pyrotechnics — Explosives Act 15 of 2003.

6.2.3 Prohibited weapons, including flick knives, gravity knives, knuckledusters, telescopic batons, stun guns and tasers, pepper spray above the permitted concentration, crossbows sold as weapons, and any article whose possession is an offence.

6.2.4 Body armour, ballistic vests and military or riot control equipment.

6.3 Drugs, medicines and related items

6.3.1 Illegal drugs and narcotics of any kind, and any substance listed in the Drugs and Drug Trafficking Act 140 of 1992.

6.3.2 Drug paraphernalia, including bongs, pipes, grinders, scales and kits marketed for drug use.

6.3.3 Cannabis, cannabis products and cannabis plants or seeds offered for sale. Private personal use in a private place does not make commercial sale lawful. [CONFIRM: the Platform's position on lawful, licensed hemp and CBD products, including the THC limit applied and the licence a Vendor must hold, in light of the Cannabis for Private Purposes Act and the current Medicines and Related Substances Act schedules.]

6.3.4 Scheduled medicines, prescription medicines and pharmacy medicines — Medicines and Related Substances Act 101 of 1965. Only a licensed pharmacy or authorised person may sell these, and not on this Platform.

6.3.5 Unregistered, expired, repackaged, imported-without-authorisation or counterfeit medicines, and medical or health products making a therapeutic claim without SAHPRA registration.

6.3.6 Slimming products, sexual performance products, muscle-building products and "miracle cure" products containing scheduled or undeclared substances.

6.3.7 Needles, syringes and injectables.

6.4 Alcohol, tobacco and vaping

6.4.1 Alcohol and alcoholic beverages — Liquor Act 59 of 2003. Selling liquor requires a licence and may not be done through the Platform. Empty collectible bottles and unopened commemorative packaging are dealt with in clause 7.

6.4.2 Tobacco products, cigarettes, cigars, loose tobacco, hookah and shisha tobacco — Tobacco Products Control Act 83 of 1993.

6.4.3 Electronic cigarettes, vapes, vape liquids, nicotine pouches and nicotine in any form.

6.5 Counterfeit, replica and infringing goods

6.5.1 Counterfeit goods, replicas, copies, "AAA" or "mirror" goods, and goods bearing a trade mark without the rights holder's authority — Counterfeit Goods Act 37 of 1997, Trade Marks Act 194 of 1993, Copyright Act 98 of 1978.

6.5.2 Unauthorised copies of software, music, films, games, books, courses and other copyright works, including burnt discs, ripped media and pirated streaming devices or subscriptions.

6.5.3 Fake branded packaging, labels, tags, authentication cards, dust bags, serial plates and holograms.

6.5.4 Describing an Item as a "replica", "inspired by", "unbranded copy" or "not original" does not make it permitted. Selling counterfeit goods is an offence whether or not the Buyer knows.

6.6 Stolen goods and goods with removed identifiers

6.6.1 Stolen, hijacked, looted or misappropriated goods, and goods subject to an unresolved insurance claim.

6.6.2 Any Item whose IMEI, serial number, VIN, engine number or other identifying mark has been removed, altered, defaced or obscured.

6.6.3 Blacklisted or reported-stolen devices, and devices with an unremoved account or activation lock belonging to someone else.

6.7 Human and animal

6.7.1 Human remains, human organs, human tissue, blood, gametes, embryos, bodily fluids and breast milk — National Health Act 61 of 2003.

6.7.2 Live animals of any kind, including pets, livestock, birds, reptiles, fish and insects — Animals Protection Act 71 of 1962 and the Animal Improvement Act. The Pet Supplies category is for pet products only, never for animals.

6.7.3 Protected, threatened and endangered species, and any product made from them — National Environmental Management: Biodiversity Act 10 of 2004 and CITES. This includes, without limitation, ivory, rhino horn, abalone (perlemoen), pangolin scales and products, protected plant species (including cycads and succulents collected from the wild), coral, tortoise shell, and skins, furs, bones, claws or trophies of protected species.

6.7.4 Traditional medicine or muti containing animal parts of protected species.

6.7.5 Taxidermy, hunting trophies and mounted specimens without the permits required by law.

6.8 Precious metals, stones and financial items

6.8.1 Unrefined precious metals, unwrought gold, gold-bearing material, platinum group metals and any precious metal for which the Vendor does not hold the licence required by the Precious Metals Act 37 of 2005.

6.8.2 Rough or uncut diamonds, and any diamond dealt with otherwise than as the Diamonds Act 56 of 1986 permits.

6.8.3 Financial instruments, shares, bonds, promissory notes, cheques, negotiable instruments and investment products.

6.8.4 Cryptocurrency, crypto tokens, NFTs, mining contracts and crypto wallets (loaded or unloaded).

6.8.5 Investment schemes, "money-making" opportunities, multi-level marketing recruitment, get-rich-quick programmes and anything with the characteristics of a pyramid or Ponzi scheme — these also breach the Consumer Protection Act.

6.8.6 Bank cards, credit cards, card readers, gift cards, vouchers, store credit, loyalty points and airtime. [CONFIRM: whether sealed, unused retail gift cards and vouchers are permitted, since they are among the most common instruments used to launder the proceeds of fraud.]

6.8.7 Lottery tickets, raffle tickets, betting slips, gambling accounts, casino chips and gambling equipment or software.

6.9 Documents, identity and government items

6.9.1 Identity documents, passports, driving licences, birth certificates, marriage certificates, qualifications, certificates, diplomas and transcripts, whether genuine, forged or "novelty".

6.9.2 Government, police, military, traffic, security company, emergency services and medical uniforms, badges, insignia, epaulettes and identification.

6.9.3 Vehicle number plates, blank number plates, number plate blanks and embossing equipment; licence discs; roadworthy certificates; and vehicle registration documents.

6.9.4 Blue lights, sirens and emergency vehicle equipment.

6.10 Telecommunications and digital

6.10.1 SIM cards, whether registered or unregistered; pre-RICA'd or "pre-registered" SIM cards; and SIM registration services — Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 ("RICA"). Selling a SIM card registered in another person's name is a serious offence and is the backbone of a great deal of fraud.

6.10.2 Network unlocking services, IMEI changing or re-writing services, blacklist removal services, and software or equipment for those purposes.

6.10.3 Hacking tools, malware, ransomware, keyloggers, spyware, stalkerware, RATs, exploit kits, phishing kits and DDoS services — Cybercrimes Act 19 of 2020.

6.10.4 Card skimmers, ATM skimming devices, card cloning equipment, encoders and magnetic stripe writers.

6.10.5 Stolen data, leaked databases, personal information lists, marketing lists containing Personal Information, hacked accounts and credential dumps — this also breaches POPIA.

6.10.6 Signal jammers, interception equipment, IMSI catchers and surveillance devices, and any device that may not lawfully be used or possessed.

6.10.7 Account credentials, subscriptions, streaming accounts, software licence keys, game keys, activation codes, in-game currency, in-game items and social media accounts. [CONFIRM: whether digital goods and digital delivery are permitted on the Platform at all. The escrow model is built around physical delivery and a delivery record. If digital goods are to be permitted, a separate acceptance and delivery-proof mechanism must be designed, and the section 42(2)(g) ECTA exclusion for audio or video recordings or computer software unsealed by the consumer, and the section 44 cooling-off treatment of digital content, must be addressed in the Returns & Refunds Policy.]

6.11 Safety, health and recalled goods

6.11.1 Recalled products, and products subject to a safety notice or a compulsory specification they do not meet — including items recalled by the manufacturer, by the National Consumer Commission or by the National Regulator for Compulsory Specifications.

6.11.2 Unsafe goods, goods with a known safety hazard, and goods that do not comply with an applicable South African compulsory specification or SABS standard where one applies (for example, electrical plugs and adaptors, helmets, and children's products).

6.11.3 Asbestos and asbestos-containing materials.

6.11.4 Hazardous chemicals, pesticides, poisons, industrial solvents, mercury, radioactive materials and compressed gas cylinders, other than ordinary consumer cleaning products in original sealed retail packaging.

6.11.5 Used cosmetics, opened skincare, used make-up, and any personal care product that has been opened or is past its expiry date.

6.11.6 Used underwear, used swimwear and used socks.

6.11.7 Medical devices, surgical instruments, dental equipment, hearing aids and prescription eyewear or contact lenses, other than non-prescription reading glasses and sunglasses. Prescription eyewear and contact lenses may only be dispensed by a registered practitioner.

6.11.8 Used or second-hand baby car seats, child restraints and booster seats. A car seat that has been in a collision, or whose history you cannot verify, may fail in a crash. We do not permit any used child restraint to be sold on the Platform. [CONFIRM: the Platform's final safety policy on used child restraints, used cots, used prams and used mattresses, and whether any of these may be listed at all. Because these are child-safety items, the decision should be recorded in writing with reasons.]

6.11.9 Used mattresses. [CONFIRM: as above — whether used mattresses may be listed, and if so what hygiene disclosure and condition evidence is required. Several provinces regulate the resale of used bedding.]

6.12 Food, plants and perishables

6.12.1 Perishable food, fresh produce, meat, dairy, home-prepared food, food past its expiry date and food not in its original sealed labelled packaging. [CONFIRM: whether any food, beverage or consumable products may be listed at all, given that the escrow Acceptance Window and courier delivery model is not suited to perishables, and given the labelling requirements of the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and R146 labelling regulations.]

6.12.2 Infant formula and baby food.

6.12.3 Live plants, seeds, bulbs, cuttings and soil subject to import control, plant health regulation or the Agricultural Pests Act 36 of 1983, and any indigenous plant collected from the wild without a permit.

6.12.4 Animal feed and veterinary medicines requiring registration.

6.13 Adult and offensive material

6.13.1 Pornography, adult films, adult publications, sex toys, adult services, escort services and any material classified or classifiable as XX or X18 under the Films and Publications Act 65 of 1996.

6.13.2 Child sexual abuse material of any kind. We will report this immediately to the South African Police Service and the Film and Publication Board. There is no appeal and no second chance.

6.13.3 Material that advocates hatred based on race, ethnicity, gender, religion or sexual orientation, or that incites violence, and material glorifying an atrocity, a mass killing or a terrorist act.

6.13.4 Nazi, apartheid-era security force and hate-group memorabilia and insignia offered as an endorsement, as opposed to a genuine, contextualised historical or museum item. [CONFIRM: the Platform's position on genuine historical militaria and apartheid-era memorabilia, including whether the old South African flag may be listed, given the equality court ruling on its gratuitous display.]

6.14 Other prohibitions

6.14.1 Anything that requires a licence, permit, registration or authorisation that you do not hold.

6.14.2 Anything you do not lawfully own or are not entitled to sell.

6.14.3 Services of any kind, unless we have expressly enabled a services category. The Platform is for Items.

6.14.4 Anything whose sale, possession, import or export is an offence in South Africa.

6.14.5 Event tickets, concert tickets, sports tickets, travel tickets and vouchers. [CONFIRM: whether event tickets may be listed. Ticket resale is a very high fraud category, the ticket cannot meaningfully be inspected during the Acceptance Window, and a ticket may be cancelled by the issuer after resale. If tickets are to be permitted, a separate policy is needed covering price limits, proof of purchase, transfer mechanics and the section 17 CPA position on advance reservations.]

7. Restricted Items — allowed only on conditions

7.1 The following may be listed only if you meet the stated conditions, hold any licence required, and make the stated disclosure in the Listing. We may ask you to upload proof, and we may remove the Listing until you do.

7.2 If you are not sure whether an Item is prohibited or restricted, ask us at support@listsecure.co.za before you list it. Asking first is never held against you. Listing first is.

8. Communication and off-platform payments

8.1 Keep it on the Platform

8.1.1 All communication about a Listing, an Order or a Dispute must take place through the Platform's messaging system.

8.1.2 We keep a record of Platform messages. That record is the evidence we use in a Dispute. If you take the conversation off the Platform, we have no record and we cannot help you.

8.1.3 You must not put, or ask another User to give you, a phone number, an email address, a WhatsApp number, a social media handle, an external website address or a bank account number in a Listing, a photograph, a message or a review, in order to move the transaction off the Platform.

8.1.4 Contact details shared for a legitimate delivery or collection arrangement, after an Order has been paid into escrow, are permitted. Contact details shared before payment, in order to avoid the Platform, are not.

8.2 Off-platform payment — the single most important warning in these Rules

8.2.1 You must never ask for, offer, agree to or make a payment outside the Platform. This includes EFT, instant EFT, cash, cash deposit, cash send, eWallet, bank transfer, cryptocurrency, gift cards, vouchers, airtime and any payment app.

8.2.2 Here is why, in plain language.

(a) When you pay through the Platform, your money goes into the Escrow Account. The Vendor cannot touch it. If the Item does not arrive, or arrives broken, or is not what was described, you raise a Dispute and the money is still there.

(b) When you pay outside the Platform, your money goes straight to a stranger and it is gone. There is no escrow. There is no Acceptance Window. There is no Dispute process. There is no determination. There is no refund. Our protection falls away entirely and immediately.

(c) This is the single most common way people are defrauded on online marketplaces in South Africa. The pattern is always the same: a Vendor offers a better price for a direct EFT, or says the Platform is "taking too long", or sends a link to a payment page that is not ours, or claims the escrow system is down. It is a scam, every time.

(d) A request to pay off the Platform is not a negotiating position. It is the warning sign.

8.2.3 If any person asks you to pay outside the Platform, do not pay. Report them immediately using the process in clause 14. We will act on the report even if you did not lose money.

8.2.4 Where you pay off the Platform, you do so entirely at your own risk. We are not liable for any loss you suffer, and we cannot recover your money for you. We will still assist you with the information we hold if you open a police case.

8.2.5 A Vendor who solicits an off-platform payment will be removed from the Platform. This is treated as a serious breach at the top of the enforcement ladder, not as a first warning.

8.2.6 We will never contact you to ask for a payment to a different bank account, and we will never change our banking details by email. If you receive such a message, it is not from us. Report it.

8.3 Message conduct

8.3.1 Be civil. Answer questions honestly and promptly.

8.3.2 Do not send unsolicited marketing to other Users. Section 45 of ECTA and section 69 of POPIA restrict unsolicited electronic communications.

8.3.3 Do not use another User's Personal Information — their name, address, phone number or photograph — for anything other than completing the Order. Adding them to a mailing list, contacting them off the Platform for another sale, or posting their details anywhere is a breach of POPIA and of these Rules.

8.3.4 Do not send links, attachments or QR codes that lead to payment pages, login pages or downloads. Any such message will be treated as a phishing attempt.

9. Fee avoidance, circumvention and manipulation

9.1 Fee avoidance and circumvention are prohibited. You must not:

9.1.1 complete off the Platform a transaction that began on the Platform;

9.1.2 cancel an Order and then transact directly with the same User;

9.1.3 list an Item at a nominal price and collect the balance off the Platform;

9.1.4 list an Item with an artificially low Purchase Price and an inflated Delivery Charge to reduce Commission;

9.1.5 direct Buyers to your own website, social media store or another marketplace; or

9.1.6 misuse the refund, cancellation or Dispute process to move a completed sale off the Platform.

9.2 Shill bidding, fake orders and price manipulation are prohibited. You must not buy your own Item, arrange for a friend, relative, employee or associate to buy it, or place or arrange offers to inflate a price, create false demand or manufacture sales history.

9.3 Review and rating manipulation is prohibited. You must not:

9.3.1 write, buy, sell, exchange or solicit a fake review or rating;

9.3.2 offer a Buyer money, a refund, a discount, a free item or anything else in exchange for a positive review, or for the removal or alteration of a negative one;

9.3.3 threaten, pressure or harass a Buyer over a review;

9.3.4 review your own Listing, or review through an account you control; or

9.3.5 leave a review for a transaction that did not happen.

9.4 A review must be honest, must relate to the actual transaction, and must not contain another person's Personal Information, abuse, hate speech or defamatory allegations. We may remove a review that breaches these Rules, and we will keep a record of what we removed and why.

9.5 Multiple accounts are prohibited. One person, one account. You may not open a second account to escape a suspension, a restriction, a payout hold, a negative rating or a fee, or to bid on or review your own Listings. We link accounts using device, payment, address, identity and behavioural signals, and where we find linked accounts we may act against all of them.

9.6 Where you have a genuine reason for a second account — for example, a separate registered business — ask us first at support@listsecure.co.za and we will consider it in writing.

9.7 Where fee avoidance is established, we may recover the Commission and fees we would have earned as a debt, in addition to any other action under clause 13.

10. Harassment, hate speech, discrimination and threats

10.1 You must not harass, intimidate, threaten, stalk, bully or abuse any User, any member of our team, or any other person, whether on the Platform, in a review, or off the Platform in connection with a Platform transaction.

10.2 The Protection from Harassment Act 17 of 2011 allows any person who is harassed — including by electronic communication — to apply to a Magistrates' Court for a protection order, and gives the court power to direct an electronic communications service provider to furnish the details of the person responsible. A breach of a protection order is a criminal offence. We will comply with any lawful direction or order made under that Act.

10.3 Hate speech is prohibited. Section 16(2) of the Constitution of the Republic of South Africa, 1996 places outside the protection of freedom of expression: propaganda for war; incitement of imminent violence; and advocacy of hatred based on race, ethnicity, gender or religion that constitutes incitement to cause harm. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 also prohibits hate speech and unfair discrimination.

10.4 You must not discriminate against a User on the basis of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth — including by refusing to sell to a person, cancelling their Order, or treating them differently on any of those grounds.

10.5 You must not: make a threat of violence or damage; publish another person's private information (doxxing); make a defamatory allegation; use a slur or degrading language; or make an unwanted sexual advance or comment.

10.6 Sanctions. Conduct under this clause is treated seriously. Depending on severity, we may issue a warning, restrict messaging, suspend the account, or permanently remove the User. A threat of violence, a sexual advance towards a child, or conduct amounting to a criminal offence results in immediate permanent removal and a report to the South African Police Service, without a prior warning and without the graduated ladder in clause 13.

10.7 If you are being harassed through the Platform, report it under clause 14 and keep the messages. Do not respond in kind. If you feel unsafe, contact the South African Police Service on 10111.

11. Meeting in person for collection

11.1 Some Listings allow collection. Collection is arranged between the Buyer and the Vendor. We are not present, we do not supervise, and we do not control what happens at a collection.

11.2 Safety guidance — please follow it:

11.2.1 Meet in a busy public place in daylight — a shopping centre, a petrol station forecourt, a bank foyer, or a South African Police Service station. Many police stations have a designated safe trading area; use it.

11.2.2 Do not go alone. Take someone with you and tell a third person where you are going, who you are meeting and when you expect to be back.

11.2.3 Do not meet at your home, and do not invite a stranger into your home. If the Item is large and must be collected from your home, have other adults present and do not be alone.

11.2.4 Inspect the Item before you confirm acceptance. Test it. Check the IMEI or serial number against the Listing. Check that everything described is present.

11.2.5 Do not carry cash. Do not agree to a cash price.

11.2.6 Trust your instinct. If something feels wrong, leave. No Item is worth your safety.

11.3 No cash. No off-platform payment. Payment for a collection Order goes into the Escrow Account through the Platform, before or at collection, exactly as it does for a delivered Order. The Buyer confirms acceptance in the Platform once they have the Item.

11.4 If you pay in cash, or by EFT, or in any other way outside the Platform at a collection, you do so entirely at your own risk. The escrow, the Acceptance Window and the Dispute process do not apply, and we cannot recover your money. Clause 8.2 explains this.

11.5 A Vendor must not make collection conditional on a cash payment, and must not refuse to hand over an Item for which escrow payment has been made.

11.6 If a collection goes wrong — the Item is not as described, the person does not arrive, or you are threatened — record it in the Platform message thread as soon as you can and report it under clause 14.

12. Buyer conduct

12.1 Buyers have obligations too. The Rules in this clause are enforced in the same way as the Rules for Vendors.

12.2 Honest disputes

12.2.1 You must not lodge a false or exaggerated Dispute. In particular, you must not:

(a) claim an Item was not delivered when it was;

(b) claim an Item is faulty, damaged or not as described when it is not;

(c) fabricate, alter or stage photographic evidence;

(d) claim an Item is counterfeit without a reasonable basis; or

(e) lodge a Dispute simply because you changed your mind — use the ECTA section 44 cooling-off right or the returns process in the Returns & Refunds Policy instead, which are honest routes and are open to you.

12.2.2 Making a false claim in a Dispute in order to obtain a refund is fraud. It may be an offence under the common law and under the Cybercrimes Act 19 of 2020 (cyber fraud), and we will report it.

12.3 Return fraud and item switching

12.3.1 You must not:

(a) return a different item from the one you received ("item switching");

(b) return an Item with parts removed, substituted or damaged by you;

(c) return an empty or weighted box;

(d) use an Item and then return it as unused, where the return right depends on the Item being unused;

(e) claim a partial refund for a fault you caused; or

(f) keep both the Item and the refund.

12.3.2 Where the Vendor and the Buyer disagree about what was in the returned parcel, we will look at the dispatch and return weights, the courier records, the photographs and the message history. Both of you should photograph the Item and the packaging before you send it.

12.4 Chargeback abuse

12.4.1 A chargeback is a reversal you ask your bank or card issuer to make. It is a legitimate protection where a payment was not authorised by you or where the seller has genuinely failed.

12.4.2 You must not use a chargeback to bypass the Dispute process. If there is a problem with an Order, raise a Dispute first. The escrow protection exists precisely so that a chargeback is not necessary.

12.4.3 An abusive chargeback — one raised where the Item was delivered as described, where you had already accepted it, or where you have already been refunded — is a breach of these Rules.

12.4.4 Where you raise an abusive chargeback:

(a) we may recover the amount charged back, plus the chargeback fee charged to us by the Payment Provider or the Escrow Provider, plus our reasonable costs of investigation, as a debt due to us, and we may set that amount off against any funds held for you;

(b) we may suspend or permanently remove your account;

(c) we may hand the debt over for collection and institute legal proceedings; and

(d) we may report the conduct to the Payment Provider, to the Escrow Provider, to your bank or card issuer, to the South African Police Service, and to a credit bureau or a fraud prevention body such as the Southern African Fraud Prevention Service [CONFIRM: whether List Secure is a member of the Southern African Fraud Prevention Service or any similar body, and whether the Privacy Policy and the registration flow disclose that listings may be made with such a body — a listing may not lawfully be made without that disclosure and a proper legal basis].

12.4.5 Nothing in this clause takes away your right to raise a genuine chargeback for an unauthorised or fraudulent transaction on your card.

12.5 Collection and delivery commitments

12.5.1 If you commit to collect an Item, you must collect it at the agreed time and place, or give the Vendor reasonable notice that you cannot.

12.5.2 You must give a correct, complete delivery address and be available to accept delivery.

12.5.3 Repeatedly placing Orders you do not pay for, or arranging collections you do not attend, is a breach of these Rules and may result in restriction of your account.

12.5.4 You must not refuse delivery in order to force a cancellation. Use the cancellation and return routes instead.

13. Enforcement

13.1 The enforcement ladder

13.1.1 Where you break these Rules, we will normally act in the following order. How far up the ladder we start depends on how serious the breach is, whether it was deliberate, whether anyone was harmed, and your record.

Step 1 — Warning. We tell you what rule was broken and what you must do. Most first breaches end here.

Step 2 — Listing removal or edit. We remove or hide the Listing, or require you to correct it before it goes live again.

Step 3 — Feature restriction. We limit what you can do — for example, the number of active Listings, the value of an Order, the use of messaging, or the ability to list in a category.

Step 4 — Payout hold. We ask the Escrow Provider to hold a payout while we investigate, or we hold funds for [INSERT: number of days a payout may be held pending investigation] where we suspect fraud, an unlawful Item or a pattern of Disputes.

Step 5 — Suspension. We suspend the account for a stated period, or until a condition is met (for example, completing verification or producing proof of title).

Step 6 — Permanent ban. We close the account permanently. You may not open another account, and we may block related accounts, devices and payment methods.

Step 7 — Reporting to the South African Police Service and, where relevant, to a regulator, a rights holder, the Payment Provider, the Escrow Provider or a fraud prevention body.

Step 8 — Civil recovery. We may recover our losses, our costs and any amount you owe us as a debt, and may institute legal proceedings.

13.1.2 We may skip steps and act immediately, including with a permanent ban and a police report and without a prior warning, where the breach involves: stolen goods; counterfeit goods; a weapon, drug or other prohibited Item in clause 6; fraud or an attempt at fraud; child sexual abuse material; a threat of violence; identity fraud; or a risk of harm to another User.

13.1.3 Enforcement action against you does not affect a Buyer's rights on an Order already placed. Funds in escrow are dealt with under clause 18.4 of the Terms & Conditions.

13.1.4 We may act against every account we reasonably believe is linked to you.

13.2 How we make enforcement decisions

13.2.1 Some enforcement decisions start with an automated system — for example, AI screening of a Listing, duplicate detection, or a fraud risk score.

13.2.2 You may ask for any enforcement decision to be reviewed by a person. A decision that has a legal effect on you or affects you substantially will not be based solely on automated processing without you being able to obtain human intervention, as section 71 of POPIA requires. The Privacy Policy explains this right in full and these Rules give effect to it.

13.3 Appeals

13.3.1 You may appeal any enforcement decision — a warning, a Listing removal, a restriction, a payout hold, a suspension or a permanent ban.

13.3.2 Send your appeal to support@listsecure.co.za within [INSERT: appeal window — number of days from the decision], with:

(a) your account name and the decision you are appealing;

(b) why you say the decision was wrong; and

(c) any evidence — proof of purchase, proof of title, photographs, courier records or message screenshots.

13.3.3 A person will review your appeal, not an automated system, and where practical it will be someone who was not responsible for the original decision.

13.3.4 We will respond within [INSERT: number] Business Days and give reasons.

13.3.5 If your appeal succeeds, we will reverse the decision and restore your account, Listings, ratings and held funds where we can.

13.3.6 An appeal does not suspend the decision while it is being considered, unless we say so.

13.3.7 If you are still not satisfied, clause 26 of the Terms & Conditions sets out the external routes: the National Consumer Commission, a recognised consumer ombud, the Small Claims Court, arbitration under [CONFIRM: AFSA or private arbitration], or a court. For a complaint about Personal Information, the Information Regulator under section 74 of POPIA.

14. Reporting a Listing, a User or a suspected scam

14.1 Please report anything that looks wrong. Reports from Users are one of the most effective controls we have. You will not be penalised for making a report in good faith, even if it turns out to be mistaken.

14.2 How to report

14.2.1 Use the "Report" link on the Listing, the Vendor's profile or the message thread; or

14.2.2 email support@listsecure.co.za with the word "REPORT" in the subject line; or

14.2.3 for an intellectual property or counterfeit complaint, use the takedown process in clause 17.3 of the Terms & Conditions, which sets out what section 77 of ECTA requires a takedown notification to contain.

14.3 What to include

14.3.1 Please give us as much of the following as you can:

(a) the Listing URL or Listing number, or the Order number;

(b) the username of the User you are reporting;

(c) what the problem is — for example: prohibited Item; counterfeit; suspected stolen goods; a request to pay off the Platform; harassment; a fake review; a misleading description;

(d) when it happened;

(e) screenshots of the messages, the Listing and any photograph, with the date and time visible;

(f) any payment record, if money changed hands;

(g) any police case number, if you have opened a case; and

(h) how we may contact you for more information.

14.3.2 Do not delete the message thread, the Listing screenshot or the Order. We need them as evidence.

14.4 What we do with a report

14.4.1 We will acknowledge your report within [INSERT: number] Business Days.

14.4.2 We will investigate, and we may contact you, the other User, the Payment Provider, the Escrow Provider or a courier for information.

14.4.3 We will act under the enforcement ladder in clause 13.

14.4.4 We will tell you the outcome in general terms. We will not give you the other User's Personal Information, because POPIA does not allow us to. If you need those details to pursue a legal claim, ask us in writing and we will consider the request against the grounds in section 11 of POPIA, or give effect to a subpoena, a court order or a lawful request from the South African Police Service.

14.4.5 We treat your report confidentially, subject to our legal obligations. Where we report a matter to the police, we may have to identify you as the complainant.

14.5 Urgent matters

14.5.1 If you are in immediate danger, or a crime is in progress, contact the South African Police Service on 10111 first, then report to us.

14.5.2 For child sexual abuse material, contact the police and the Film and Publication Board, and report it to us so that we can remove it and preserve evidence.

14.5.3 If you have been defrauded, open a case at your nearest police station and give us the case number. We will provide the records we hold in response to a lawful request.

15. Changes to these Rules

15.1 We may change these Rules — for example when the law changes, when a new fraud pattern appears, or when we open a new category.

15.2 We will publish the changed version on the Platform with a new version number and effective date, and we will give notice of a material change as clause 22 of the Terms & Conditions requires.

15.3 The version of these Rules in force at the time of your conduct is the version we apply to it.