Terms and Conditions

Section A – General

  1. General

1.1 These Terms of Use, together with the documents referred to within, regulate the use of our application and define the legally binding terms on which you access, browse, register or otherwise use the Application and receive the services, (“the Services”). The Terms of Use apply to all users of the Application, including without limitation unauthenticated users, registers (authenticated users) (“Customers”), registered sellers (“Suppliers”), users who have registered to set up a local L1NX Sales Point  (“Links”) and contributors of any content, material, information or services on the Application.

1.2 By using our Application in any manner, you confirm that you accept these Terms of Use and that you agree to comply with and be bound by them. You understand that a breach of these Terms of Use may result in your rights to use the Services on the Application being restricted, suspended or withdrawn.

1.3 If you do not agree to these Terms of Use, you will not have access to the Application or use of the Services.

1.4 We may amend these Terms of Use at any time by amending this document. When changed, registered Customers will be required to accept the new Terms of Use before being able to continue use of the Application. These Terms of Use were last updated on the 07/09/2020.

2. Other Applicable Terms

These terms of use also refer to the following additional terms, which also apply to your use of the Application, as well as any other operating rules, policies or procedures that may be published from time to time on the Website, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time:

2.1 For Suppliers and Links only, the Terms of Use for Suppliers and Links, which accompany these Terms of Use take precedence over them in the event of conflict.

2.2 For any payments that are made over the Application, the terms and conditions of individual payments providers including Payfast apply for the governance of payments.

2.3 For every User of the L1NX Website, and the Application the Data Privacy Policy relating to the processing of personal data by the Company and the use of cookies on the Website, which accompany these Terms of Use, take precedence over them in the event of any conflict (the “Data Privacy Policy “).

3. Covering Statement

3.1 The L1NX Application is currently in pre-launch testing stage and is provided on a “voetstoets” basis as a partnership between Steampunk Coffee (PTY) LTD, Green Oasis Trading (PTY) LTD, and North Quotient (PTY) LTD. The directors of these respective businesses (“the Directors”) make no warranties regarding the Application and services, and any services or products that may be bought or sold on the Application. By using the application in any capacity you agree to indemnify and hold harmless the Directors from any errors that may arise due to any software glitches, bugs or errors in the Application or otherwise.

3.2 Parties that engage via the Application do so under normal business circumstances. It is the responsibility of the parties to invoice each other (Suppliers to Links) and (Links to Customers).

3.3 Please direct all form communications and feedback regarding the Application to “support@l1nx.co.za”.

4. About the Application

4.1 The Application is an online marketplace allowing users who comply with our Terms of Use to create and manage, or simply join an online community which is set up and organised by a Link, in order to trade in groceries and other everyday items (the “Products “). Once registered, users can create personal profiles and use other services on the Application. Links are responsible for overseeing the sales facilitated by the Links Sales Points (the “Sales “) and coordinating the delivery of the Products ordered on the Application (including setting the dates and delivery locations).

4.2 The purpose of a Links Sales Point is to establish a direct link between the suppliers of Products (the “Suppliers”), who wish to sell their Products through an alternative outlet to consumers.

4.3 We operate the platform and implement the tools and technical means to enable this relationship, but any contract for sale is made directly between the Customer and the Producer. We do not have possession of any Products offered for sale and are not directly involved in the transactions between Customers and Suppliers. The Company is not part of the contract of sale between Customers and Suppliers, nor any other contract concluded between Users of the Application. L1NX and it’s partners and directors accepts no liability for any issues which may arise during the conclusion of these contracts.

4.4 We do not review Suppliers’ offers or content on the Application. We have no control over and do not guarantee the existence, quality, safety or legality of Products advertised; the truth or accuracy of Producer’s offers, the ability of Suppliers to provide the Products; the ability of Customers to pay for Products; or the fulfilment of transactions, the smooth functioning of Collections, or the proper implementation of the contracts entered into between Customers and Suppliers. We do not provide a guarantee to Links or Suppliers regarding market outlets or the volume of customers, and shall not be liable to Links or Customers for any guarantee regarding the number and the diversity of Suppliers.

4.5 We do not provide any undertaking regarding,

    • the compliance of Orders with applicable laws and regulations;
    • the compliance of Products with applicable laws and regulations, including their preparation and/or labelling;
    • the conformity of delivered Products with the terms of the contract and the existence of possible hidden defects;
    • the risks linked to transporting, storing, conserving and delivering the Products; or
    • the compliance with hygiene and maintenance rules in regard to the Distribution site.

4.6 We cannot give any undertaking, that Products and/or services you purchase from Suppliers through the Website will be of satisfactory quality, and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Producer. Where you Order goods and/or services through the Application we may disclose your customer information related to that transaction to the relevant Producer.

5. Accessing our Website and Services

5.1 Our Application is made available free of charge to all users, save that L1NX and the Links are paid through commission paid for by the Suppliers.

5.2 We do not guarantee that our Application, any Content or any of the Services, will always be available or be uninterrupted, or fault-free. Access to our Application is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Application without notice at any time. We will not be liable to any user of the Application if for any reason the Application is unavailable at any time or for any period. Please note that content on our Website may be out of date at any given time and we are under no obligation to update it

5.3 We do not guarantee that our Application, or any Content on it will be free from errors or omissions

5.4 You are responsible for making all arrangements necessary to have access to our Applicatino and are responsible for ensuring that all persons who access the Application through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6. Membership and Registration

6.1 Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

6.2 Users who fulfil the requirements above and wish to join a L1NX Sales Point or use a Link must first register an account to become a Customer of the Application  (“Account “), in accordance with clause 6.3 below, by completing all required fields on the Application registration form presented on first use of the Application.

Users, whether or not already a Customer, can also apply to become a Link or Supplier, in accordance with the terms set out in the Terms of Use for Links and Suppliers.

6.3 In order to register for an Account, you must provide an email address and secure password, which you may update at any time via the Application. You are solely responsible for keeping your log in details (including your password) confidential and must not disclose it or share it with anyone. You will be responsible for all activity and Orders that take place using your log in details. In the event of theft, loss, fraud or unauthorized use of a user’s password or account, you must contact us immediately at support@l1nx.co.za. In such circumstances, we reserve the right to take any measures we deem appropriate.

6.3.1 Where we have reason to suspect or believe that there has or is likely to be a security breach or other misuse of the Application, we reserve the right to change your password to ensure that your account is no longer compromised.

6.3.2 As a user, you:

      • represent and undertake that all Account information provided is accurate, up to date, honest and not misleading;
      • commit to updating your Account information as and when it changes; and
      • accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.

6.3.3 The information submitted to create or update an Account constitutes a proof of your identity. We reserve the right to verify, at any time, the accuracy of the information provided and to ask you for any additional documentation or information for the purpose of identity verification.

7. How to de-register

7.1 You can at any time decide to terminate your membership of a Links Sale Point and/or change a Links Sale Point, through the Select Link Page in the Application.

7.2 In addition, you can de-register from the Website at any time by sending an email to support@l1nx.co.za. We will send you confirmation that your account has been cancelled, after which point you will no longer have access to the Services. Orders placed before unsubscribing will nevertheless be carried out and you will be bound by the terms and conditions of the Order as if you were a Customer, until the Order is completed.

8. Payments on our Application.

8.1 All payments made on the Application are processed by a third party payment handler, PAYFAST. PAYFAST is a registered South African Company with registration 2007/011558/07 and address PO Box 27021, Hout Bay, Cape Town, 7872.

8.2 By having an Account, users agree to be bound by the Terms and Conditions of the Payment service https://www.payfast.co.za/end-user-agreement In the event of any conflict between the Terms and Conditions of the Payment Service on the one hand, and these Terms of Use and/or the Terms of Use for Hosts and Suppliers on the other, the latter will take precedence, with the exception of where applicable law demands the application of the Terms and Conditions of the Payment Service.

8.3 The Payment Service is solely responsible for these transactions.

9. Uploading Content onto our Application

9.1 Whenever you make use of a feature that allows the upload of content of any nature (including written, visual, audio, video or other content, including any offer of Products made by Suppliers) (“Content “) to our Website, you must comply with the rules set out in these Terms of Use.

9.2 You are solely responsible for all Content you choose to upload to the Website, which means that if you provide Content in breach of these terms, you may be required to compensate anyone who suffers as a result. Accordingly, you must ensure to respect the usual rules of moderation, politeness, and cordiality with regard to any interaction with other users or exchange of Content on the Website.

9.3 You must not use the Website to knowingly harass, threaten, intimidate, blackmail or otherwise abuse another user and if someone asks you not to contact them again, you must not contact them via the Website again.

9.4 You must not use messages to send unsolicited advertising or promotions, requests for donations or “spam”, or pass on email addresses or any other information on to third parties.

9.5 You undertake to us that you possess all the rights and authorisations necessary for the publication of any Content uploaded onto the Website and that the Content does not infringe any third party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately and/or provide your identity to any third party who is claiming that any such content contitutes a violation of their intellectual property rights, or rights to privacy.

9.6 You grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such licence to use the Content you add to our Website, throughout the world in any media, including, for example, for our campaigning purposes or marketing materials. We will not use your Content for marketing or publicity purposes without first contacting you for your permission.

9.7 You agree to allow the Company to store or re-format your Content on the Website and display your content on the Website in any way we choose. We will only use personal information in accordance with our Data Privacy Policy.

9.8 You agree only to publish Content that is lawful, does not harm public Order, decency or the rights of a third party, does not violate any law or regulation and more generally, which is not likely to expose us to civil or criminal liability.

9.9 We act only as a hosting service provider and have no knowledge or control of the Content published by users in the context of the Services. Views expressed by individuals on our Website do not represent the views of the Company. We do not moderate, select, verify or control in any way the Content and we accept no liability for the Content posted by third parties. All complaints must be directed in the first instance to the author of the Content in question or the Market Host. You may, however notify us of any Content related complaints at support@l1nx.co.za

10. Prohibited Use of the Website

10.1 You must not use the Website for disseminating any of the following Content (this list is not exhaustive): – Content which is unlawful, harassing, pornographic, obscene, indecent, shocking, abusive, threatening, inappropriate for family viewing, vulgar, libellous, defamatory, injurious, violent, racist, xenophobic, or Holocaust denying;

  1. dishonest, misleading Content, or Content which offers or promotes unlawful, fraudulent or dishonest activities;
  2. material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  3. Content which is harmful to the IT systems of third parties (such as viruses, worms, Trojan Horses etc.); or
  4. more generally, Content which is likely to violate the rights of a third party (including intellectual property rights, image rights, etc.) or to be prejudicial to third parties, in any manner or form.

In addition, you must not use the Website for any of the following purposes (this list is not exhaustive):

– transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;

– gaining unauthorised access to other computer systems;

– interfering with any other person’s use or enjoyment of the Application;

– impersonating another person or otherwise mislead as to the origin of Content;

the carrying out of illegal or fraudulent activities, or any activity violating the rights or safety of third parties;

– the violation of public Order or of applicable laws and regulations;

– intrusion of a third party’s IT system, or any activity likely to harm, control, interfere with or intercept part or all of a third party’s IT system, or to violate its integrity or safety;

– the sending of unsolicited emails, and/or marketing or commercial solicitation emails;

– manipulations aimed at improving the indexing of a third party website;

– the collection and aggregation of any information present on the Application or L1NX website without the LINX’s expressly given authorisation;

– the assistance or incitement, in any manner or form, of one or several of the aforementioned acts and activities; or

      • more generally, any practice aiming to divert the Services and Application to purposes other than those for which they have been created.

10.2 It is strictly forbidden for Users to copy and/or divert for their own purposes or those of a third party the concept, technologies or any other element of the Application.

10.3 Equally strictly forbidden are: (i) all behaviours likely to interrupt, suspend, slow or impede the Services’ continuity; (ii) all intrusions or attempts to intrude into the Company’s systems; (iii) all actions likely to divert the resources of the Website; (iv) all actions likely to impose a disproportionate burden on the Application’s infrastructures; (v) all violations of security or authentication measures; (vi) all acts likely to violate the rights and financial, commercial, or moral interests of the Company or of the Website’s Users; (vii) all actions aimed at suppressing, hiding or displacing the advertisements or promotional messages found on the Website; and (viii) any breaches of these general terms and conditions.

10.4 It is strictly forbidden to trade, sell or grant all or part of the access to the Services or to the Application, as well as to the information which is hosted and/or shared on it.

10.5 You warrant that any Content you upload and your use of the Application complies with the standards set out in these Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

11. Intellectual Property

11.1 We are the owner of all intellectual property rights in the Application pertaining to L1NX and any materials published on it. The only exception to this are third party Logos and Trademarks and that are published by these parties on the Application with their permission and agreement to these Terms of Use. These rights are protected by copyright laws and treaties around the world. All such rights are reserved. You may only access and use the materials for personal use and you may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials (or authorise others to) for commercial gain, without a licence to do so from us.

11.2 We own or are the licensee of all rights, titles, interests, in and to the Website, including all rights under patents, copyrights, data base rights, design rights, trade secrets, trademarks, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Any disassembling, decompilation, decryption, extraction, re-use, copying, or more generally any act of reproduction, representation, transmission or use of any of these elements, in part or in whole, without the authorisation of the L1NX partner companies is strictly forbidden and may be subject to legal action.

12. No Reliance

12.1 The Content on the Application is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.

12.2 We have no obligation to verify the content of such information or to edit any such information provided by third parties.

13. Limitation of Liability

13.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by South African Law.

13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Application; or
  • use of or reliance on any Content displayed on our Application.

13.4 In respect of Suppliers and Link Sales Points or Links only, please note that in particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

13.5 If you are a consumer user, please note that we only provide our Application for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.

13.7 We assume no responsibility for the content of websites linked on our Application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14. Viruses

14.1 We do not guarantee that our Application or Website will be secure or free from bugs or viruses.

14.2 You are responsible for configuring your information technology, computer programmes, devices and platform in order to access our Application. You should use your own virus protection software.

14.3 You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Application or attempt to reverse engineer the Application, the server on which our Application data is stored or any server, computer or database connected to our Application. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.

15. Embedded Links To Our Website

15.1 Our Website is solely for advertising purposes the url is currently www.l1nx.co.za and is subject to change without notice.

15.2 You may make a url link to our website www.l1nx.co.za, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

15.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

15.4 Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

15.5 We reserve the right to withdraw linking permission without notice.

15.6 The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

15.6 If you wish to make any use of content on our site other than that set out above, please contact support@l1nx.co.za.

16. Third Party Access

16.1 We can under no circumstances be held responsible for the technical availability of the Application via the Apple “App Store” or through Google’s “Google Play Service” from which you gain access via the Application.

16.2 We accept no liability for content, advertising, products and/or services available on such third party websites and we are not responsible for any transaction occurring between you and a third party website.

17. Advertising

17.1 We reserve the right to insert on any page of the Website or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the Website and in its communication with you or other users.

18. Waiver

18.1 Any failure by us to require strict performance of any of your obligations under these Terms of Use, and any failure by us to exercise any of the rights or remedies to which we are entitled, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

19. Severability

19.1 If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Indemnity

20.1 If you are accessing the Application in the course of a business, you will indemnify and hold harmless the Company against any charges, complaints, actions and/or claims for which the Company could be held liable following any violation by you of any one of your obligations under these Terms of Use, and/or the Terms of Use for Hosts and Suppliers to the extent they apply and you undertake to compensate us for any liabilities to which it could be subject and to pay for all the fees, charges and/or sentences to which we could be subject as a result.

21. Sanctions of breaches

21. 1 In the event of any breach of these Terms of Use (and/or of the Terms of Use for Links and Suppliers to the extent they apply) or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation:

a) suspending or terminating access to all or part of the Services of the User who committed the breach or offence and any User who participated in any such breach;

b) removing any content published on the Website;

c) publishing on the Website any notice that the Company deems useful;

d) alerting all relevant authorities; and/or

e) taking legal action.

Any suspension or termination shall take full effect on the date we send the communication to the User and the User’s account will be automatically cancelled without further notice, without prejudice of any other rights we may have.

23. Applicable law and jurisdiction

23.1 These general terms and conditions are governed by South African law. In the event of a dispute regarding the validity, interpretation and/or execution of these general terms and conditions, the parties submit to the exclusive jurisdiction of the South African courts.