Terms of Service
1. Introduction
1.1. Purpose of the Platform
Welcome to ReReadery, an online marketplace connecting bookstores, individual sellers, and buyers for the sale and purchase of books. Our mission is to foster a community where books can find new homes, encouraging sustainability and accessibility within the literary market.
1.2. Scope of Terms
These Terms of Service (“Terms”) govern your access to and use of the ReReadery platform, including all features, services, and related policies, regardless of how you access the platform. By registering an account or using the platform, you agree to be bound by these Terms and any supplementary policies referenced herein.
1.3. Acknowledgment
These Terms constitute a binding agreement between you (“User”) and ReReadery Proprietary Limited (“ReReadery,” “we,” “us,” or “our”), a company registered in South Africa under registration number 2024/539897/07. If you do not agree with these Terms, you must refrain from using the platform.
2. Definitions
For the purposes of these Terms, the following definitions apply:
2.1. “Platform” refers to the ReReadery website and any related applications, tools, or services used for facilitating the sale of second-hand books.
2.2. “Seller” refers to any individual or entity that creates an account to list books for sale on the Platform.
2.3. “Buyer” refers to any individual or entity that purchases books listed on the Platform.
2.4. “Book” refers to any literature, including new or pre-owned physical books, listed for sale on the platform, subject to compliance with applicable laws and platform policies.
2.5. “Listing” refers to a book or collection of books listed for sale on the Platform by a Seller.
2.6. “User” refers collectively to Buyers, Sellers, and any individual accessing or interacting with the platform.
2.7. “Transaction” means any sale, purchase, or payment facilitated through the platform, whether completed or pending.
2.8. “Content” includes, but is not limited to, text, images, descriptions, and other material uploaded by Sellers to the Platform.
2.9. “Prohibited Items” refers to books or materials that are unlawful to sell, infringe on intellectual property rights, or are otherwise restricted under applicable laws or these Terms.
2.10. “South African Law” refers to the legal framework governing these Terms, including but not limited to the Consumer Protection Act, the Protection of Personal Information Act (POPIA), and applicable e-commerce regulations.
3. Eligibility to Use the Platform
3.1. Minimum Age Requirement
3.1.1. Users must be at least 18 years of age or the legal age of majority in their jurisdiction to register as Sellers on the platform. By creating an account, you represent and warrant that you meet this requirement.
3.1.2. Minors under the age of 18 may use the platform only with the consent and supervision of a parent or legal guardian.
3.2. Legal Compliance
3.2.1. Sellers must comply with all applicable South African laws, including the Consumer Protection Act (CPA) and the Electronic Communications and Transactions Act (ECTA).
3.2.2. By using the platform, you agree to act in accordance with these laws and any other regulations governing e-commerce and intellectual property.
3.3. Account Registration and Accuracy
3.3.1. To register as a User, you must provide accurate, complete, and truthful information, including your name, contact details, and payment information.
3.3.2. You agree to keep your account information updated and to notify ReReadery of any changes that may affect your eligibility to use the platform.
3.3.3. The use of false or fraudulent information during registration or while operating your account is strictly prohibited and may result in immediate account suspension or termination.
3.4. Prohibited Users
The following individuals or entities are ineligible to register or use the platform as Sellers:
3.4.1. Persons prohibited from engaging in e-commerce or selling books under South African law.
3.4.2. Persons or entities previously suspended or banned from the platform for breaches of these Terms or any other fraudulent or illegal activity.
3.5. Residency and Jurisdiction
3.5.1. The platform primarily serves Sellers and Buyers based in South Africa. While users from outside South Africa may access the platform, all transactions and disputes are governed by South African law.
3.5.2. Non-South African Sellers must ensure their compliance with local laws governing their participation on the platform.
3.6. Verification and Audits
3.6.1. ReReadery reserves the right to request additional information, documentation, or verification from Sellers to confirm their identity, book ownership, or compliance with these Terms.
3.6.2. Failure to provide requested information or to comply with audits may result in account suspension or termination.
4. Seller Obligations
4.1. Listing Requirements
4.1.1. Sellers must ensure that all Listings are accurate, complete, and not misleading. This includes providing a truthful description of the book’s condition, title, author, edition, and any defects.
4.1.2. Listings must comply with South African laws, including copyright and intellectual property regulations. Sellers must not list counterfeit, pirated, or otherwise infringing materials.
4.1.3. All images, if included, must accurately depict the book being sold and must not infringe any third-party rights.
4.2. Order Fulfilment
4.2.1. Sellers are required to ship or deliver books within the timeframe specified in the Listing or agreed upon with the Buyer.
4.2.2. Sellers must use reasonable care in packaging and shipping to ensure that the book arrives in the condition described.
4.3. Prohibited Activities
Sellers must not engage in any of the following:
4.3.1. Listing or selling Prohibited Items, including books that are unlawful, obscene, or violate third-party rights.
4.3.2. Misrepresenting their identity or the origin of the books listed for sale.
4.3.3. Using the Platform for purposes unrelated to book sales, including fraud or illegal activities.
4.4. Compliance with Taxes and Laws
Sellers are responsible for determining, collecting, and remitting any applicable taxes associated with their sales on the Platform. ReReadery is not responsible for ensuring Sellers’ tax compliance.
5. Platform's Role
5.1. Facilitator of Transactions
ReReadery acts as an intermediary to connect Buyers and Sellers and facilitate transactions. ReReadery is not a party to any sale agreement between Buyers and Sellers and does not take ownership of the books listed on the Platform.
5.2. Limited Liability
5.2.1. ReReadery is not responsible for the condition, legality, quality, or accuracy of Listings provided by Sellers.
5.2.2. ReReadery does not guarantee the successful completion of transactions or delivery of books.
5.3. Right to Monitor
ReReadery reserves the right to monitor activity on the Platform and review Listings to ensure compliance with these Terms. ReReadery may remove Listings, suspend accounts, or take other actions at its sole discretion if it determines a violation has occurred.
6. Fees
6.1. Platform Access
6.1.1. ReReadery provides access to its platform free of charge for Buyers. Buyers are not required to pay any fees for browsing, searching, or purchasing books listed on the platform.
6.1.2. While the platform is currently free to use for Buyers, ReReadery reserves the right to introduce fees for additional features, services, or premium memberships in the future.
6.2. Notification of Fee Changes
6.2.1. If ReReadery implements any fees for Buyers, notice of such changes will be provided at least 30 (thirty) days in advance. The notice will be sent via email and displayed prominently on the platform.
6.2.2. Continued use of the platform following the introduction of fees constitutes acceptance of the new fee structure.
6.3. Third-Party Charges
6.3.1. ReReadery is not responsible for any charges imposed by third-party service providers, including but not limited to payment processing fees, bank charges, or currency conversion fees, that may arise during transactions facilitated through the platform.
6.3.2. Buyers acknowledge that such third-party fees are separate and not controlled by ReReadery.
6.4. Refunds and Chargebacks
6.4.1. ReReadery does not charge fees directly for returns or refunds; however, Buyers may be responsible for shipping fees in accordance with the Refund and Return Policy.
6.4.2. ReReadery reserves the right to recover costs associated with fraudulent chargebacks or misuse of the platform in accordance with applicable laws.
6.5. Promotions and Discounts
6.5.1. From time to time, ReReadery may offer promotions, discounts, or free services. These offers are subject to specific terms and conditions, which will be communicated at the time of the promotion.
6.5.2. ReReadery reserves the right to amend, withdraw, or terminate promotions without prior notice, provided it does not affect ongoing Buyer transactions.
6.6. Changes to Fee Structure
6.6.1. ReReadery retains the right to revise, add, or remove any fees or charges for platform use in compliance with South African law.
6.6.2. All changes to the fee structure will be implemented transparently, with prior notice as required under Clause 6.2.
6.7. Shipping Costs
6.7.1. Buyers are responsible for the cost of shipping when purchasing books from Sellers through the platform. Shipping fees are determined by the Seller and will be clearly displayed during the checkout process.
6.7.2. Buyers agree to the shipping fees as part of the total purchase price when confirming their orders.
6.7.3. In cases of returns or refunds, shipping costs may be allocated between the Buyer and Seller as outlined in the Refund and Return Policy.
6.7.4. ReReadery does not control or guarantee shipping fees, delivery times, or the quality of shipping services, as these are managed by the Seller or third-party courier services.
7. Prohibited Items
7.1. Prohibited Book Listings
Users must ensure that all books listed on the platform comply with South African law and the guidelines set out in our Content Moderation Policy. Prohibited book listings include but are not limited to:
7.1.1. Counterfeit, pirated, or unauthorized copies of books in violation of copyright laws.
7.1.2. Books banned or restricted under the Films and Publications Act, 1996, or other South African regulations.
7.1.3. Materials promoting hate speech, obscenity, violence, or unlawful activities.
7.1.4. Books containing forged signatures, altered content, or fraudulent endorsements.
7.1.5. Books violating intellectual property rights, including unauthorized derivatives or compilations, or the Intellectual Property Policy.
ReReadery reserves the right to remove any listings that contravene these guidelines or are reported as inappropriate.
7.2. Enforcement and Reporting
7.2.1. ReReadery reserves the right to:
7.2.1.1. Remove Listings flagged as prohibited or unlawful;
7.2.1.2. Suspend or terminate the accounts of repeat offenders; and
7.2.1.3. Report serious violations to relevant legal authorities.
7.2.2. Buyers and third parties may report suspected violations through the Platform’s reporting feature or by contacting ReReadery support.
7.2.3. Sellers whose Listings are removed for non-compliance will not receive reimbursement for any associated costs.
8. Intellectual Property
8.1. Ownership of Platform Content
8.1.1. All content, design, software, trademarks, and other materials displayed or accessible on the ReReadery platform are the exclusive property of ReReadery or its licensors.
8.1.2. Users are granted a non-exclusive, limited, and revocable license to access and use the platform solely for buying and selling books as intended by ReReadery
8.2. Third-Party Rights
8.2.1. ReReadery respects the intellectual property rights of third parties. Users are prohibited from uploading or distributing any content that infringes copyright, trademark, or other intellectual property laws.
8.2.2. If ReReadery receives a valid takedown notice under South African Copyright Act (Act 98 of 1978), the disputed content will be promptly removed, and the responsible Seller may face account suspension or termination following due investigation.
8.3. Reporting Infringements
8.3.1. If you believe that any content on the platform infringes on your intellectual property rights, please notify us promptly through the procedures outlined in our Intellectual Property Policy. ReReadery will investigate such claims in accordance with its policies and applicable laws. We reserve the right to remove any content found to be infringing without prior notice. Reports should include:
8.3.1.1. Proof of ownership of the allegedly infringed content.
8.3.1.2. Identification of the infringing material on the platform.
8.3.1.3. Relevant supporting documents or information to substantiate the claim.
8.3.2. ReReadery will act expeditiously to investigate claims and may temporarily disable access to disputed content. However, the platform assumes no liability for erroneous takedown requests unless proven malicious or grossly negligent.
9. Prohibited Activities
9.1. Seller Obligations
Sellers are prohibited from engaging in activities that:
9.1.1. Misrepresent the condition, authenticity, provenance, or ownership of listed books, including but not limited to counterfeit or pirated editions.
9.1.2. Circumvent ReReadery’s fees or attempt to complete transactions outside the platform.
9.1.3. Post or distribute offensive, defamatory, or illegal content.
9.1.4. Use the platform to promote services, products, or solicitations unrelated to the core purpose of facilitating book transactions (e.g., MLM schemes or external advertising).
9.2. Buyer Obligations
Buyers are prohibited from engaging in activities that:
9.2.1. Intentionally defraud Sellers through false claims of non-delivery or book condition issues.
9.2.2. Harass, threaten, or otherwise harm Sellers or other users of the platform.
9.2.3. Exploit system vulnerabilities to gain unauthorized access to other accounts or restricted areas of the platform.
9.3. Platform Use Restrictions
9.3.1. Users are prohibited from reverse-engineering, scraping, or otherwise interfering with the functionality of the platform.
9.3.2. Automated methods, such as bots or crawlers, may only access the platform with ReReadery’s prior written consent. Unauthorized use is subject to immediate suspension or legal action.
9.4. Enforcement
9.4.1. ReReadery reserves the right to investigate suspected violations, remove offending content, and suspend or terminate accounts in accordance with the Content Moderation Policy.
9.4.2. Severe violations, such as fraud or cyberattacks, will be reported to the relevant legal authorities for further action.
9.4.3. Users have the right to dispute enforcement actions in accordance with the Dispute Resolution Policy.
10. Confidentiality, Privacy, and Indemnity
10.1. Data Collection and Use
10.1.1. ReReadery collects, processes, and stores user data strictly in compliance with the Protection of Personal Information Act, 2013 (POPIA), its Privacy Policy, and Cookie Policy available on the platform.
10.1.2. By using the platform, users consent to the collection, processing, and storage of their data for operational, analytical, and marketing purposes as detailed in the Privacy Policy.
10.2. Confidentiality of Seller and Buyer Data
10.2.1. ReReadery treats all user information, including sales data and personal details, as confidential.
10.2.2. ReReadery will not disclose user information to third parties without express consent, except as required by law or for operational purposes (e.g., payment processing).
10.3. User Responsibilities
10.3.1. Sellers and Buyers must protect their login credentials and promptly report unauthorized access or suspicious activity on their accounts.
10.3.2. Users are prohibited from collecting, sharing, or using other users’ personal information for any purpose outside the scope of transactions facilitated by the platform.
10.4. Third-Party Services
10.4.1. ReReadery may integrate third-party services (e.g., payment gateways or couriers) to enhance platform functionality. While ReReadery selects these providers carefully, it is not responsible for their independent data practices.
10.4.2. While ReReadery carefully selects third-party service providers (e.g., payment gateways, couriers), users acknowledge that these providers operate independently, and ReReadery is not liable for their data handling practices. Users are encouraged to review these providers’ privacy policies.
10.5. Data Breach Policy
10.5.1. In the event of a data breach affecting user data, ReReadery will notify affected users and the Information Regulator of South Africa within a reasonable timeframe, as required under POPIA. The notification will include:
10.5.1.1. The nature and extent of the breach.
10.5.1.2. Steps taken to address the breach.
10.5.1.3. Recommendations for users to mitigate potential risks.
10.5.2. Users agree to cooperate with investigations into breaches impacting their accounts.
10.6. Indemnity Clause
10.6.1. Sellers agree to indemnify and hold harmless ReReadery, its affiliates, officers, directors, and employees from any claims, damages, losses, or legal actions arising out of:
10.6.1.1. The content or accuracy of their listings.
10.6.1.2. The condition, authenticity, or delivery of their books.
10.6.1.3. Any breach of these Terms of Service.
10.6.2. ReReadery is not liable for disputes between Buyers and Sellers, except as outlined in its refund and dispute resolution policies.
11. Liability & Indemnification
11.1. Platform Functionality
11.1.1. ReReadery provides the platform "as is" and "as available" and does not warrant uninterrupted service or error-free functionality.
11.1.2. ReReadery is not liable for issues beyond its reasonable control, including but not limited to third-party payment failures, courier delays, or system outages caused by external service providers.
11.2. Limitation of Liability
11.2.1. To the maximum extent permitted by South African law, ReReadery disclaims liability for any indirect, incidental, special, consequential, or punitive damages arising out of:
11.2.1.1. The use or inability to use the platform.
11.2.1.2. Transactions conducted through the platform, including disputes between Buyers and Sellers.
11.2.1.3. Unauthorized access to accounts or data, except where proven to result from ReReadery’s gross negligence.
11.2.2. ReReadery’s aggregate liability is limited to the commission earned on the specific transaction giving rise to the claim.
11.3. Indemnification
11.3.1. Users agree to indemnify, defend, and hold ReReadery, its officers, directors, employees, and affiliates harmless against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:
11.3.1.1. Any violation of these Terms by the user.
11.3.1.2. Any alleged infringement of third-party rights, including intellectual property.
11.3.1.3. Activities conducted through the user’s account, including fraudulent, illegal, or negligent actions.
11.3.2. This indemnity survives the termination of the user’s account or these Terms of Service.
12. Term and Termination
12.1. Term
This agreement becomes effective when a user creates a Seller or Buyer account on the platform and continues until terminated by either party or in accordance with these Terms.
12.2. Termination by ReReadery
12.2.1. ReReadery reserves the right to terminate or suspend accounts without prior notice if users:
12.2.1.1. Breach any provisions of these Terms.
12.2.1.2. Engage in prohibited activities or fraudulent behaviour.
12.2.1.3. Fail to comply with applicable laws or regulations.
12.2.2. Upon termination, ReReadery may withhold payouts or refunds pending resolution of outstanding claims or investigations.
12.3. Termination by Users
Users may terminate their accounts at any time by providing written notice to ReReadery via the contact details provided.
12.4. Effects of Termination
12.4.1. Upon termination, users lose access to their accounts and associated data within seven (7) calendar days unless extended for lawful reasons (e.g., regulatory requirements or ongoing disputes).
12.4.2. Sellers must ensure the fulfilment of all pending transactions within five (5) business days after termination. Buyers are entitled to refunds for undelivered purchases in accordance with the Refund Policy.
12.5. Surviving Provisions
Provisions relating to confidentiality, intellectual property, liability limitations, and indemnity survive termination of these Terms.
13. Dispute Resolution
13.1. Good Faith Negotiations
13.1.1. Parties agree to attempt resolution of disputes in good faith before pursuing formal proceedings.
13.1.2. Disputes must be reported to ReReadery in writing, clearly outlining the nature and basis of the dispute, within seven (7) calendar days of receiving the item or within seven (7) days of the expected delivery date in case of non-delivery.
13.2. Escalation Timeline
13.2.1. Disputes will first be addressed by ReReadery’s designated customer support team within five (5) business days of receiving the written notice.
13.2.2. Once informed of the dispute by ReReadery’s team, the seller has five (5) business days to respond and provide their evidence or explanation.
13.2.3. If unresolved at the senior management level, the dispute will proceed to mediation, which must commence within fourteen (14) calendar days after escalation, unless extended by mutual agreement.
13.3. Mediation and Arbitration
13.3.1. If negotiations fail, parties agree to mediate disputes through an independent mediator appointed by mutual consent.
13.3.2. If mediation is unsuccessful, disputes will be resolved by arbitration conducted under the rules of the Arbitration Foundation of Southern Africa (AFSA), with the arbitrator’s decision being final and binding.
13.3.3. Arbitration under the Arbitration Foundation of Southern Africa (AFSA) must be initiated within thirty (30) calendar days of failed mediation, unless otherwise agreed in writing.
13.4. Jurisdiction
Users agree that disputes will be governed by South African law and resolved in South African courts, except as otherwise provided under arbitration agreements.
14. Amendments to the Terms of Service
14.1. Right to Amend
ReReadery reserves the right to update, modify, or revise these Terms of Service at any time to reflect changes in applicable laws, business practices, or platform functionality.
14.2. Material Amendments
14.2.1. Material changes that significantly affect user rights or obligations will be communicated to users via email or platform notifications at least fourteen (14) calendar days before implementation.
14.2.2. Users who do not agree to the amended Terms must notify ReReadery in writing within seven (7) calendar days of receiving notice. Upon such notification, the user’s account will be terminated in accordance with Section 12.
14.3. Non-Material Updates
ReReadery may implement non-material updates, such as corrections, clarifications, or minor adjustments, without prior notice, provided these changes do not materially alter user rights or obligations.
14.4. User Acceptance of Changes
14.4.1. Continued use of the platform after the effective date of any changes constitutes acceptance of the updated Terms.
14.4.2. Users are encouraged to review these Terms regularly to stay informed about any updates or modifications.
14.5. Version Control
A historical record of previous versions of these Terms will be maintained and made accessible to users upon request.
15. Notices
15.1. Domicilium Citandi et Executandi
15.1.1. Each party selects the following physical and email addresses for the purpose of receiving notices, legal processes, or communications under these Terms:
ReReadery Proprietary Limited:
- Physical Address: 291 Grus Street, Waterkloof Ridge, Pretoria, South Africa.
- Email: admin@rereadery.co.za.
- For attention: Legal Department
Users:
- The physical and email addresses provided at account registration will be deemed the domicilium citandi et executandi unless updated in writing.
15.1.2. Notices, including legal processes, can be accepted electronically if signed using a verified electronic signature compliant with South Africa’s Electronic Communications and Transactions Act (ECTA).
15.2. Notice Delivery
15.2.1. Notices will be deemed validly delivered:
15.2.1.1. On the date of delivery, if hand-delivered during business hours.
15.2.1.2. On the date of successful transmission, if sent via email during business hours.
15.2.1.3. On the third business day after posting, if sent by registered mail.
15.3. Change of Address
15.3.1. Either party may update their domicilium citandi et executandi by providing written notice to the other party, effective three (3) business days after receipt.
16. Entire Agreement
16.1. Integration Clause
This document, along with any referenced policies (including the Privacy Policy, Refund Policy, and any applicable seller guidelines), constitutes the entire agreement between ReReadery and the general user regarding the platform’s use.
16.2. Supersession of Prior Agreements
16.2.1. These Terms supersede all prior understandings, agreements, or representations made between the parties, whether written or verbal, concerning the subject matter herein.
16.2.2. Any conflicting provisions in earlier agreements or communications are null and void upon acceptance of these Terms.
16.3. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction under South African law, the remaining provisions will remain in full force and effect.
16.4. Waiver
The failure of ReReadery to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged in writing by ReReadery.
17. Miscellaneous Provisions
17.1. Force Majeure
17.1.1. ReReadery will not be held liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, cyberattacks, or government-imposed restrictions.
17.1.2. In the event of a force majeure event, ReReadery will notify affected users as soon as practicable and take reasonable steps to resume normal operations.
17.2. Governing Law and Jurisdiction
17.2.1. These Terms are governed by and construed in accordance with the laws of South Africa.
17.2.2. Users agree to submit to the exclusive jurisdiction of South African courts for the resolution of any disputes arising under or in connection with these Terms, except as provided for in Section 14 (Dispute Resolution).
17.3. Assignment
17.3.1. Users may not assign or transfer their rights or obligations under these Terms without ReReadery’s prior written consent.
17.3.2. ReReadery may assign or transfer its rights and obligations to a third party in the event of a merger, acquisition, or sale of the platform, provided that such transfer does not diminish users' rights under these Terms.
17.4. Interpretation
17.4.1. Headings in this document are provided for convenience only and shall not affect the interpretation of the provisions.
17.4.2. Any ambiguities in these Terms will not be construed against the drafting party.
17.5. Survival of Obligations
Provisions relating to intellectual property, confidentiality, liability limitations, indemnity, and dispute resolution shall survive termination of these Terms or cessation of platform use.
17.6. Language
These Terms are drafted in English. Should a translated version of these Terms conflict with the English version, the English version shall prevail.