a) Definitions

1. In these Terms and Conditions:
   
1. headings to clauses are for reference purposes only and shall not be used in the interpretation of these Terms and Conditions;
   
2. an expression which denotes any gender includes the other gender, a natural person includes an artificial person and vice versa and the singular includes the plural and ​vice versa.
   
2. The following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:
   
1. “App” means the dijomo.co.za website;
   
2. “Buyer/s” means the Purchaser of Goods;
   
3. “Courier/s” means the Courier/s and their agents, servants or nominees with whom Dijimo have contracted for purposes of performing the Courier Services and/or ​whom you have chosen to perform the Courier Services;
   
4. “Courier Services” means the carriage of the Goods;
   
5. “Goods” means any items and/or products of whatsoever nature sold on and/or purchased from a seller on the Dijimo platform with whom the Tuu Post and Merrigo ​services have been integrated and/or any item and/or product otherwise handled, transported or dealt with by the Courier/s or which comes under the control of the ​Courier/s on your instructions and includes any container, package, or any other form of covering, packaging, container or equipment used in connection with or in ​relation to the Goods;
   
6. “Losses” means any losses, damages, claims, expenses, penalties, fines, or liabilities of any nature whatsoever and howsoever arising;
   
7. “Online Store” means the Dijimo platform or and any other online store with whom Dijimo may integrate from time to time;
   
8. “Personal Information” means information applicable to a specific natural or juristic person capable of identifying said natural or juristic person including, without ​limitation, identity numbers, physical addresses, contact details, credit card information and any confidential information pertaining to a specific natural or juristic ​person as more fully described in the Protection of Personal Information Act, 4 of 2013 (“POPIA”);
   
9. “Site” or “Website” means the internet website by which Dijimo offers the Services;
   
10. “Store/s” means the Online Stores and/or any other means by which the Goods are sold and/or purchased or platforms on which the Goods are sold and/or purchased, ​whether online or otherwise;
    
11. “Seller” means the Dijimo seller of the Goods, as the case may be;
    
12. “Terms and Conditions” means these terms and conditions;
    
13. “Dijimo” / “we” means Timbaktuu Enterprises (Pty) Ltd with Registration Number 2012 / 101136 / 07;
    
14. “you” or “your” means you, as the Seller.
    

e) Courier Services

1. The Dijimo Site is merely a platform aimed at providing sellers with access to multiple Buyers. The Courier Services are performed by the Courier/s and not by our partners’ ​Tuu Post or Merrigo.
   
2. In this regard, you acknowledge that the performance of the Courier Services is subject to the terms and conditions of the Courier performing the Courier Services, a link to ​which can be found upon request. You hereby undertake to familiarise yourself with the terms and conditions of the Courier chosen by you to perform the Courier Services ​and undertake to comply with the terms thereof.
   
3. You hereby warrant that all information provided by you for the purposes of the completion of the waybill and carriage of the Goods is accurate. You also acknowledge that ​the tracking information provided by Tuu Post, Merrigo and its Courier partners is the tracking information as received from the Courier performing the Courier Services.
   
4. It shall be your responsibility to ensure that:
   
1. the Goods are properly, adequately and appropriately prepared for shipping;
   
2. the Dijimo waybill is printed and provided to the Courier with the Goods, and in the required format, for purposes of delivery. Dijimo and its partners, Tuu Post and ​Merrigo specifically reserve the right to charge an administration fee in the event that the Courier is provided with any waybill other than a Dijimo waybill or not provided ​with the required number of Dijimo waybills, for any reason whatsoever. In the event that a manual waybill is used to ship a parcel, Dijimo will take no liability in assisting ​clients with support to track the waybill, ensure successful delivery or assist with billing related queries. Dijimo also has the right to cancel a user’s account or deny ​them access to the Dijimo platform if they state that they are unable or unwilling to print the Dijimo waybill;
   
3. that you keep one signed copy of the waybill / manifest when the driver comes and collects the parcel as proof of collection. This document will be required in order to ​assist with any delivery queries or disputes as proof of handover; and
   
5. In addition to the administration fee that may be charged by Dijimo in the event of any failure to comply with the requirements of clause 4.6.2, a failure to comply with either ​of the abovementioned requirements may result in the Goods being damaged or lost or the Goods not being delivered, a delay in the delivery of the Goods being ​experienced, an inability to track the status of the delivery and/or Losses being incurred by you as a result thereof.
   
6. You acknowledge that as Dijimo does not perform the Courier Services, Dijimo has no control over and shall not be liable for any Losses incurred as a result of:
   
1. partial or non-delivery of the Goods;
   
2. any delay in the delivery of the Goods or delivery of the Goods otherwise being defective;
   
3. the loss, theft or damage of the Goods;
   
4. incorrect or incomplete tracking information being supplied by the Courier;
   
5. any delay in the Courier providing the tracking information;
   
6. any failure on the part of the Courier performing the Courier Services to arrange insurance cover for the Goods (see clause 7 below); and
   
7. any reputational damage suffered by you for any reason whatsoever.
   
7. Notwithstanding the foregoing or anything to the contrary contained in these Terms and Conditions, Dijimo endeavours to ensure that the Couriers provide a quality ​service at all times and will endeavour to assist in resolving any queries or disputes that may arise between you and the Courier/s in relation to the Courier Services.
   
8. If you require any additional information pertaining specifically to the shipment of the Goods, we urge you to contact the Courier performing / requested to perform the ​Courier Services, directly.
   

f) Sale of Goods & Stores

1. Dijimo is not involved in the sale of the Goods at all, save for providing a platform for the sale of the Goods on our online marketplace and providing a platform for access to ​multiple Buyers.
   

g) Fees & Payment

1. Shipping fees are charged by Dijimo to the seller’s account for the Courier Services (“Shipping Fees”). The Shipping Fees are based on the Courier’s prevailing rate at the ​time and subject to a rebate discount which will be applicable if the seller books the shipment within their stipulated handling time.
   
2. The Shipping Fees shall be deducted from your available funds in your Dijimo account
   
3. Any Seller Shipping Fees provided on the Site are based on the information provided by you in relation to the weight of the parcel, the dimensions (weight, height and ​length) of the parcel including all packaging, the collection and delivery locations and the preferred service level, i.e. economy, same day, overnight or other. The ​correctness of the information listed above is your responsibility, and not that of Dijimo. In addition, the Shipping Fees provided on the Site are exclusive of all airport taxes, ​custom duties, levies and charges, imposts, surcharges, deposits or outlays of whatsoever nature levied by or payable to the authorities, intermediaries or other parties at ​any port or place or in connection with the Goods whether at the time of entry and/or at any subsequent time, any Losses incurred or sustained by the Couriers in ​connection therewith or arising therefrom.
   
4. The Shipping Fees are therefore subject to change and to the extent that the Shipping Fee is greater than that previously estimated, your account may be adjusted ​accordingly.
   
5. It is your responsibility to analyse your shipping transactions on a timely basis to identify any discrepancies. Any dispute between the charge and any fee adjustments ​charged by the courier must be submitted to Dijimo via email with relevant documentation supporting your claim. Credits cannot be claimed for waybills that are older than ​3 calendar months at date of claim submission.
   
6. To the extent however that any credit is due to be passed by Dijimo in relation to the Shipping Fee, for any reason whatsoever, including but not limited to, a difference ​between your estimated weight and the actual weight of the Goods being couriered. The credit shall only be passed to your balance on Dijimo (and not directly to your bank ​account), once Dijimo has received the corresponding credit from the relevant Courier. The courier thus needs to approve the credit in order for Dijimo to apply the credit ​on your account.
7. The time frame of submitting a credit request and Dijimo processing the request depends on when Dijimo receives the credit from the courier. This can be a timely process ​that can take between 12 and 18 weeks.
8. Shipping Fees will be deducted from your available Dijimo account balance.
9. Any billing-related queries must be addressed to accounts@dijimo.co.za.

h) General Provisions relating to the Courier Services

1. If any permit, consent or approval to handle the Goods is required by law or regulation, the Couriers may require that you inform them of this obligation and that you obtain ​and/or assist the Courier in any manner possible to obtain the necessary permit, consent or approval to handle the Goods. All costs associated with such permit, consent ​or approval shall be for your account.
   

1. The Couriers generally also impose conditions and/or restrictions on the transporting of fragile and pilferable goods and the types of Goods that may be transported.
   
2. You are therefore encouraged to familiarise yourself with the Courier’s terms and conditions in this regard and to comply with all such conditions and/or restrictions to ​avoid the delivery of the Goods being delayed, a refusal by the Courier to perform the Courier Services and/or incurring any Losses as a result thereof.
   

i) Warranties

In addition to the warranties provided by you elsewhere in these Terms and Conditions, you hereby warrant in favour of Dijimo that:

1. you regard these Terms and Conditions as binding on you;
   
2. you are of legal age or that you act on behalf of a duly incorporated entity and have the necessary authority to act on behalf of that entity.
   

j) Limitation of Liability & Indemnity

1. Notwithstanding the aforegoing, under no circumstances will Dijimo assume any liability whatsoever, whether to you or person having an interest in the Goods as a result ​of:
   
1. any breach by the Courier of the terms and conditions to which the performance of the Courier Services are subject and/or any negligent (including grossly negligent) ​or wilful act or omission of the Couriers and/or any failure by the Couriers to properly perform the Courier Services;
   
2. any breach by you of these Terms and Conditions;
3. a failure, or error in the operation, of all or any part of the Site, Dijimo's computer systems, network resources, the Services, or any other computer systems or network ​resources to which they may be connected or upon which they may rely or the taking offline of any of those computer systems or network resources for any reason ​whatsoever.
2. Dijimo shall also not be liable to you or any person having an interest in the Goods for any consequential, indirect, delictual, special Losses of any nature whatsoever and ​howsoever arising.
   
3. Subject to clauses 11.1 and 11.2 and any other limitation of liability provision elsewhere contained in these Terms and Conditions, if Dijimo is found, for any reason ​whatsoever, to be liable for any Losses suffered by you or any person having an interest in the Goods, Dijimo's liability shall be limited to the sum of the actual Losses ​suffered or the total sum of the Success Fees paid by the Seller in the 1 (one) month immediately preceding the Losses being incurred, whichever is the lesser.
4. Notwithstanding anything to the contrary contained in these Terms and Conditions, you hereby indemnify and hold Dijimo harmless against any Losses suffered or ​incurred by you whether direct, indirect or consequential as a result of your breach of these Terms and Conditions.

k) Links to and from other Websites

1. Links to third party websites on this Site are provided solely for your convenience.
   
2. You agree and acknowledge that not all of these third party websites have been reviewed by Dijimo and Dijimo shall not be responsible for the content or availability of the ​third party websites.
   
3. Dijimo does not endorse or make any representations about the third party websites and whether they are what they claim to be, any material found there, or any results ​that may be obtained from using them or that the third party websites are not defective.
   

l) Applicable Legislation

1. If Dijimo is obliged, in the execution of its obligations, to comply with any law of any nature whatsoever, Dijimo's compliance with the requisite laws shall not be deemed to ​be a waiver or novation of any of its rights herein and Dijimo shall not be deemed to have assumed any onus, obligation, responsibility or liability in your favour.
   
2. If there is any inconsistency between these Terms and Conditions and any applicable legislation, the provisions of the applicable legislation shall prevail and in this event, ​shall in no way affect the remaining Terms and Conditions.
   

m) No Cession

1. You may not cede or assign any rights and/or obligations which you may have in terms of these Terms and Conditions to any third party.
   
2. Dijimo may however cede or assign any rights and/or obligations in terms of these Terms and Conditions as it, in its sole discretion deems fit.
   

n) Severability

Should any provision be declared to be illegal, invalid or unenforceable in any jurisdiction affected by these Terms and Conditions, such provision shall, as to such jurisdiction, ​be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of the provisions hereof, without invalidating the remaining provisions ​of these Terms and Conditions or affecting the validity or enforceability of such provision in any other jurisdiction.

o) Governing Law

These Terms and Conditions shall be governed by the law of South Africa.

p) Force Majeure

Dijimo shall not be responsible for failure to perform hereunder due to causes beyond its control including, but not limited to, work stoppages, fires, civil disobedience, riots, ​rebellions, earthquakes, floods, acts of God and similar occurrences.

q) Costs

In the event that any action or proceeding is brought against the Seller to enforce, or interpret any provision of these Terms and Conditions or recover any amounts, Dijimo ​shall be entitled to recover all costs incurred by it on an attorney and client scale, whether incurred prior to or during the institution of legal proceedings or if judgement has ​been granted, in connection with the satisfaction or enforcement of such judgement.